BUSFIN 3500 EXAM 1 (CH 1 & 3) QUESTIONS AND
ACCURATE ANSWERS
If a police officer wanted to search your car after stopping you for having a headlight
that was out, which amendment would the officer probably be violating
Second amendment
Fourth amendment
Eighth amendment
Tenth amendment - Answers - Fourth amendment
any gov't entity can have issues with search and seizure
The state of Ohio wants to regulate television airways, something that the federal
government regulated. What doctrine might prevent Ohio from doing
The interstate commerce clause
Preemption under the supremacy clause
The due process clause - Answers - Preemption under the supremacy clause
State can't get involved in federal territory
City of Columbus wants to place a number of restrictions on people using hotels and
motels in Columbus. These restrictions may be problem under what part of the
constitution?
Interstate commerce clause
Fifth amendment
Due process ad equal protection
Eighth amendment - Answers - Interstate commerce clause
If a state or city makes law that affects interstate commerce, what question is
important? - Answers - Does burden on commerce outweigh benefits to state/city?
Statutes at the local level are called? - Answers - ordinances
Examples of sources of law? - Answers - constitution
statutes
courts
administrative
treaties
, executive orders
Describe administrative law - Answers - Make rules, hold hearings, give informal advice,
rulings can be appeal to courts
you can call IRS and ask advice...but not a judge
Who makes case law or common law? - Answers - judges
stare decisis - Answers - lower courts obey decisions of higher courts; laws become
precedent but can be changed overtime
Precedent - Answers - past decisions should have similar rules for similar cases
Plaintiff - Answers - Person who files a lawsuit
Defendant - Answers - Person who is accused of crime and the law suit was filed
against
Federal vs. State Courts - Answers - Federal:
District court >Court of Appeals> US Supreme court
State:
Court of common pleas>appeal>Ohio Supreme court > US supreme court
Civil vs criminal court
and how is each type of case proven? - Answers - Civil:
-Fights between people
-Punishment by fines/no jail time
-proven by a preponderance of the evidence
Criminal court:
-Doing something bad that affects the public
-Punishable by jail or fine
-Prove beyond reasonable doubt
How are civil cases proven? What's a preponderance of evidence? - Answers - Majority
rules.. 51% of jury must agree either for or against (preponderance of evidence)
In criminal court how are cases proven? - Answers - Evidence must be proven beyond a
reasonable doubt
Appellate vs. Original Jurisdiction - Answers - Appellate: Court of review, they don't try
cases, only look at cases from lower courts.
ACCURATE ANSWERS
If a police officer wanted to search your car after stopping you for having a headlight
that was out, which amendment would the officer probably be violating
Second amendment
Fourth amendment
Eighth amendment
Tenth amendment - Answers - Fourth amendment
any gov't entity can have issues with search and seizure
The state of Ohio wants to regulate television airways, something that the federal
government regulated. What doctrine might prevent Ohio from doing
The interstate commerce clause
Preemption under the supremacy clause
The due process clause - Answers - Preemption under the supremacy clause
State can't get involved in federal territory
City of Columbus wants to place a number of restrictions on people using hotels and
motels in Columbus. These restrictions may be problem under what part of the
constitution?
Interstate commerce clause
Fifth amendment
Due process ad equal protection
Eighth amendment - Answers - Interstate commerce clause
If a state or city makes law that affects interstate commerce, what question is
important? - Answers - Does burden on commerce outweigh benefits to state/city?
Statutes at the local level are called? - Answers - ordinances
Examples of sources of law? - Answers - constitution
statutes
courts
administrative
treaties
, executive orders
Describe administrative law - Answers - Make rules, hold hearings, give informal advice,
rulings can be appeal to courts
you can call IRS and ask advice...but not a judge
Who makes case law or common law? - Answers - judges
stare decisis - Answers - lower courts obey decisions of higher courts; laws become
precedent but can be changed overtime
Precedent - Answers - past decisions should have similar rules for similar cases
Plaintiff - Answers - Person who files a lawsuit
Defendant - Answers - Person who is accused of crime and the law suit was filed
against
Federal vs. State Courts - Answers - Federal:
District court >Court of Appeals> US Supreme court
State:
Court of common pleas>appeal>Ohio Supreme court > US supreme court
Civil vs criminal court
and how is each type of case proven? - Answers - Civil:
-Fights between people
-Punishment by fines/no jail time
-proven by a preponderance of the evidence
Criminal court:
-Doing something bad that affects the public
-Punishable by jail or fine
-Prove beyond reasonable doubt
How are civil cases proven? What's a preponderance of evidence? - Answers - Majority
rules.. 51% of jury must agree either for or against (preponderance of evidence)
In criminal court how are cases proven? - Answers - Evidence must be proven beyond a
reasonable doubt
Appellate vs. Original Jurisdiction - Answers - Appellate: Court of review, they don't try
cases, only look at cases from lower courts.
