SE 400 EXAM 1 PREP STUDY GUIDE
U.S. Constitution - Answers - The supreme law of the land, like the country's operating
system. It sets up the 3 branches and their limits.
3 branches of government - Answers - Legislative (Congress makes laws), Executive
(President enforces laws), Judicial (Courts interpret laws).
Checks and balances - Answers - Each branch can limit the others so no branch
becomes too powerful.
Enumerated powers - Answers - A list of 18 specific powers given to Congress in the
Constitution.
Commerce Clause - Answers - Congress's power to regulate commerce among states,
foreign nations, and tribes. It has been read broadly since the 1930s.
Controversy of the Commerce Clause - Answers - It expanded Congress's reach far
beyond the original 18 powers, weakening state control in practice.
Limits on Congress - Answers - Cannot suspend habeas corpus, cannot pass ex post
facto laws, and the 10th Amendment reserves ungranted powers to states and people.
Judicial review - Answers - Courts can declare laws or actions unconstitutional.
Judicial review in the Constitution - Answers - No, the Supreme Court asserted it in
Marbury v. Madison.
Judicial Branch's expansion - Answers - Courts now review federal and state laws, state
actions, and executive actions.
Executive orders - Answers - Presidential directives with the force of law that cannot
violate the Constitution or statutes.
Treaty - Answers - A formal agreement with another country, needs two thirds of the
Senate, can go beyond Congress's usual powers but not beyond the Constitution.
Congressional executive agreement - Answers - An agreement approved by simple
majorities in both houses, usually within Congress's powers.
Sole executive agreement - Answers - A deal the President makes under authority
already granted by Congress.
, Federal agencies - Answers - Bodies created by Congress to administer specific areas,
housed in the Executive Branch.
Types of agencies - Answers - Cabinet departments (strong presidential control),
independent agencies (leaders often removable only for cause).
Law governing agency rulemaking - Answers - The Administrative Procedure Act of
1946.
Steps in rulemaking - Answers - Draft, publish in Federal Register, public comment,
consider comments, issue final rule, codify in CFR.
Dispute over a rule - Answers - Sue in federal court, a court can stop it with an
injunction.
Substantive vs procedural rules - Answers - Substantive affects rights, stricter review.
Procedural covers process details, more deference.
Example of overstepping - Answers - Tafas v. Dudas, USPTO rules limiting claims and
continuations struck down as beyond authority.
State level licensing - Answers - States license engineers for certain roles, especially
civil, structural, and government projects.
PE seal - Answers - A stamp used by licensed engineers to certify official work.
Who can take your license - Answers - Only the state licensing board.
Board decision vs lawsuit difference - Answers - Board checks rule compliance, courts
decide negligence and damages, they are separate.
Technical standards - Answers - Standards that govern the technical aspects of
engineering practices.
Pooling patents - Answers - Companies combine essential patents into one license
package.
RAND licensing - Answers - To keep licenses fair and available to all at reasonable, non
discriminatory terms.
Rambus issue - Answers - Hidden patents during standard setting, later demands for
fees, led to litigation and stricter disclosure rules.
Employee handbook - Answers - The company's internal rulebook that binds both
employer and employee.
U.S. Constitution - Answers - The supreme law of the land, like the country's operating
system. It sets up the 3 branches and their limits.
3 branches of government - Answers - Legislative (Congress makes laws), Executive
(President enforces laws), Judicial (Courts interpret laws).
Checks and balances - Answers - Each branch can limit the others so no branch
becomes too powerful.
Enumerated powers - Answers - A list of 18 specific powers given to Congress in the
Constitution.
Commerce Clause - Answers - Congress's power to regulate commerce among states,
foreign nations, and tribes. It has been read broadly since the 1930s.
Controversy of the Commerce Clause - Answers - It expanded Congress's reach far
beyond the original 18 powers, weakening state control in practice.
Limits on Congress - Answers - Cannot suspend habeas corpus, cannot pass ex post
facto laws, and the 10th Amendment reserves ungranted powers to states and people.
Judicial review - Answers - Courts can declare laws or actions unconstitutional.
Judicial review in the Constitution - Answers - No, the Supreme Court asserted it in
Marbury v. Madison.
Judicial Branch's expansion - Answers - Courts now review federal and state laws, state
actions, and executive actions.
Executive orders - Answers - Presidential directives with the force of law that cannot
violate the Constitution or statutes.
Treaty - Answers - A formal agreement with another country, needs two thirds of the
Senate, can go beyond Congress's usual powers but not beyond the Constitution.
Congressional executive agreement - Answers - An agreement approved by simple
majorities in both houses, usually within Congress's powers.
Sole executive agreement - Answers - A deal the President makes under authority
already granted by Congress.
, Federal agencies - Answers - Bodies created by Congress to administer specific areas,
housed in the Executive Branch.
Types of agencies - Answers - Cabinet departments (strong presidential control),
independent agencies (leaders often removable only for cause).
Law governing agency rulemaking - Answers - The Administrative Procedure Act of
1946.
Steps in rulemaking - Answers - Draft, publish in Federal Register, public comment,
consider comments, issue final rule, codify in CFR.
Dispute over a rule - Answers - Sue in federal court, a court can stop it with an
injunction.
Substantive vs procedural rules - Answers - Substantive affects rights, stricter review.
Procedural covers process details, more deference.
Example of overstepping - Answers - Tafas v. Dudas, USPTO rules limiting claims and
continuations struck down as beyond authority.
State level licensing - Answers - States license engineers for certain roles, especially
civil, structural, and government projects.
PE seal - Answers - A stamp used by licensed engineers to certify official work.
Who can take your license - Answers - Only the state licensing board.
Board decision vs lawsuit difference - Answers - Board checks rule compliance, courts
decide negligence and damages, they are separate.
Technical standards - Answers - Standards that govern the technical aspects of
engineering practices.
Pooling patents - Answers - Companies combine essential patents into one license
package.
RAND licensing - Answers - To keep licenses fair and available to all at reasonable, non
discriminatory terms.
Rambus issue - Answers - Hidden patents during standard setting, later demands for
fees, led to litigation and stricter disclosure rules.
Employee handbook - Answers - The company's internal rulebook that binds both
employer and employee.
