BUS 263 FINAL EXAM VERIFIED STUDY GUIDE.
Statutory Law - Answers - Laws that are enacted by legislative bodies.
Uniform Commercial Code - Answers - Created to facilitate commerce among the states
by providing a standard, yet flexible, set of rules governing business transactions.
Stare Decisis - Answers - "To stand on decided cases"- judge-made law. A court should
not overturn its own precedents unless there is a compelling reason. Decisions made by
a higher court are binding on lower courts.
Natural Law - Answers - A higher or universal law exists that applies to all humanity,
and all written laws should imitate these principles. Laws contrary to natural law are
"unjust" and need not be obeyed.
Sociological Law - Answers - A tool for promoting justice in society. For example: The
Supreme Court's role in the civil rights movement.
Substantive Law - Answers - Consists of all laws that define, describe, regulate, or
create rights and obligations.
Ex: State law requiring worker's compensation benefits for on-the-job injuries.
Civil Law - Answers - Defines the rights between individuals or individuals and
government.
Criminal Law - Answers - Defines wrongs committed against the public as a whole as
defined by government statutes.
In Personam - Answers - Jurisdiction over the person or business that resides in a
certain geographical area. Court requires them to appear.
In Rem - Answers - A court generally has jurisdiction over any property situated within
its geographical borders, whether the property is real, tangible, or intangible.
Venue - Answers - the most appropriate location for the trial. Generally, where the injury
occurred.
Writ of Certiorari - Answers - An order issued by the United States Supreme Court to a
lower court requiring them to send the case for review.
Question of Law - Answers - How should the court interpret this law. Only judges make
these rulings.
Ex: Is flag burning protected speech?
, If there was corruption or fraud in with the Award or the arbitrator. - Answers - What is
the only time a court will set aside the Award?
Affirmative Defense - Answers - A defendant admits to the truth of the complaint but
raises new facts to show that he/she should not be liable.
Ex: Yes, I ran over the dog, but the dog not on a leash and ran into my driveway.
Motion for Judgment on the Pleadings - Answers - Either party may ask the judge to
rule based solely on the pleadings without proceeding to trial. Typically granted if there
is no dispute in the facts, only a question of law.
Discovery - Answers - The process of obtaining information, witnesses or other
evidence, from the opposing party, prior to the trial. This prevents surprises at trial.
Motion of Judgment NOV (JNOV) - Answers - This is a "judgment not withstanding the
verdict". This may be granted if the jury's verdict was unreasonable or erroneous. This
verdict will be set aside.
Privileges and Immunities Clause - Answers - Prevents states from imposing
unreasonable burdens on citizens from another state, particularly with regard to basic
and essential activities such as doing business or means of livelihood. (Out of state
tuition.)
The Common Clause - Answers - Congress has the power to regulate any business
engaged in commerce with foreign nations, among the states & Indian tribes, expand to
the intrastate.
The Supremacy Clause - Answers - Provides that the Constitution, laws, and treaties of
the United States are "the Supreme Law of the Land."
Obscene speech
Defamatory speech (slander)
Threatening speech (with intent)
Fighting words (almost impossible to win this one) - Answers - Unprotected Speech that
violates the law:
The Establishment Clause - Answers - Prohibits government from establishing a state-
sponsored religion, or passing laws that favor one religion over another.
Kantian Ethics - Answers - Human beings are different from physical objects and are
endowed with moral integrity and a capacity to reason and act rationally.
Categorical Imperative - Answers - We should evaluate our actions in light of the
consequences that would follow if everyone in society acted the same way.
Statutory Law - Answers - Laws that are enacted by legislative bodies.
Uniform Commercial Code - Answers - Created to facilitate commerce among the states
by providing a standard, yet flexible, set of rules governing business transactions.
Stare Decisis - Answers - "To stand on decided cases"- judge-made law. A court should
not overturn its own precedents unless there is a compelling reason. Decisions made by
a higher court are binding on lower courts.
Natural Law - Answers - A higher or universal law exists that applies to all humanity,
and all written laws should imitate these principles. Laws contrary to natural law are
"unjust" and need not be obeyed.
Sociological Law - Answers - A tool for promoting justice in society. For example: The
Supreme Court's role in the civil rights movement.
Substantive Law - Answers - Consists of all laws that define, describe, regulate, or
create rights and obligations.
Ex: State law requiring worker's compensation benefits for on-the-job injuries.
Civil Law - Answers - Defines the rights between individuals or individuals and
government.
Criminal Law - Answers - Defines wrongs committed against the public as a whole as
defined by government statutes.
In Personam - Answers - Jurisdiction over the person or business that resides in a
certain geographical area. Court requires them to appear.
In Rem - Answers - A court generally has jurisdiction over any property situated within
its geographical borders, whether the property is real, tangible, or intangible.
Venue - Answers - the most appropriate location for the trial. Generally, where the injury
occurred.
Writ of Certiorari - Answers - An order issued by the United States Supreme Court to a
lower court requiring them to send the case for review.
Question of Law - Answers - How should the court interpret this law. Only judges make
these rulings.
Ex: Is flag burning protected speech?
, If there was corruption or fraud in with the Award or the arbitrator. - Answers - What is
the only time a court will set aside the Award?
Affirmative Defense - Answers - A defendant admits to the truth of the complaint but
raises new facts to show that he/she should not be liable.
Ex: Yes, I ran over the dog, but the dog not on a leash and ran into my driveway.
Motion for Judgment on the Pleadings - Answers - Either party may ask the judge to
rule based solely on the pleadings without proceeding to trial. Typically granted if there
is no dispute in the facts, only a question of law.
Discovery - Answers - The process of obtaining information, witnesses or other
evidence, from the opposing party, prior to the trial. This prevents surprises at trial.
Motion of Judgment NOV (JNOV) - Answers - This is a "judgment not withstanding the
verdict". This may be granted if the jury's verdict was unreasonable or erroneous. This
verdict will be set aside.
Privileges and Immunities Clause - Answers - Prevents states from imposing
unreasonable burdens on citizens from another state, particularly with regard to basic
and essential activities such as doing business or means of livelihood. (Out of state
tuition.)
The Common Clause - Answers - Congress has the power to regulate any business
engaged in commerce with foreign nations, among the states & Indian tribes, expand to
the intrastate.
The Supremacy Clause - Answers - Provides that the Constitution, laws, and treaties of
the United States are "the Supreme Law of the Land."
Obscene speech
Defamatory speech (slander)
Threatening speech (with intent)
Fighting words (almost impossible to win this one) - Answers - Unprotected Speech that
violates the law:
The Establishment Clause - Answers - Prohibits government from establishing a state-
sponsored religion, or passing laws that favor one religion over another.
Kantian Ethics - Answers - Human beings are different from physical objects and are
endowed with moral integrity and a capacity to reason and act rationally.
Categorical Imperative - Answers - We should evaluate our actions in light of the
consequences that would follow if everyone in society acted the same way.
