HPM 310 EXAM STUDY GUIDE
WITH COMPLETE SOLUTION
What are 3 reasons we have laws? - Answer To keep order
To set standards, and enforce them
To control human conduct
The law is not an ____ ____ - Answer Exact science, the law is constantly evolving
What are the 4 sources of law? - Answer Constitutions, Statutes, Decisions and Rules of
Administrative Agencies, and Court Decisions
What is the US Constitution? - Answer The supreme law of the land and grants of power
from the states to the federal government
What are 3 things that the US Constitution "does" - Answer 1. Establishes the general
organization of the federal government
2. Grants powers to the federal government
3. Places limits on what the federal and state governments may do
What are expressed powers of the Constitution? - Answer Taxation
Declaring War
Regulating Interstate Commerce
What are the implied powers of the Constitution? - Answer The "Necessary and Proper
Clause"
What is the necessary and proper clause? - Answer Constitutional clause that gives
congress the power to make all laws "necessary and proper" for executing its powers
State law versus federal constitution, what happens? - Answer Federal law always wins,
so long as the federal law is constitutional.
What is the purpose of a State Constitution? - Answer Similar to the Federal
Constitution, State Constitutions: 1. establish the organization of state government
2. grant powers to state government
3. place limits on what state government can do
What is a Statute? - Answer Law that is enacted by a legislative body (Congress, State
Legislature, and Local Legislature)
, What are Judicial Decisions? - Answer Role of the courts is to resolve disputes.
In each individual case, the court:
1. Interprets statutes and/or regulations
2. Determines whether specific statutes and/or regulations are permitted by the state
and/or federal constitution
3. Creates common law when deciding cases not controlled by statutes, regulations or a
constitution
What does the Decisions and Rules of Administrative Agencies do? - Answer Present
their own questions and complexities, they hold quasi-judicial and quasi-legislative roles
Civil Law - Answer Disputes between private parties (regulatory agencies and private
individuals). There's a plaintiff and a defendant
Plaintiff - Answer a person who brings a case against another in a court of law
Defendant - Answer an individual or group being sued
Penalties of Civil Law - Answer Money Damages (compensatory), Non-Compensatory
(pain and suffering), Punitive (punishment), and Licensure implications
Criminal Law - Answer A law that defines crimes against the public order (both
individuals and corporations). Doesn't always mean jail time
Criminal Penalties - Answer Jail time, Fines, and loss of license/operating privileges
Who Enforces Criminal Law? - Answer The government (not dispute between two
private parties)
Different Burdens of Proof - Answer Civil Burden and Criminal burden
Civil Burden - Answer More likely than not
Criminal Burden - Answer Beyond a reasonable doubt
3 Branches of Government - Answer Legislative, Executive, Judicial
The role of legislative - Answer To make, amend, and fix existing the laws (must confirm
judge nominees)
Legislative Branch Committees - Answer Legislatures assign legislative proposals to
committees charged with oversight of the areas addressed by the proposals.
Committees investigate and hold hearings at which interested persons may present
their view
Each State has __ legislature - Answer a bicameral legislature similar to the US
Congress
WITH COMPLETE SOLUTION
What are 3 reasons we have laws? - Answer To keep order
To set standards, and enforce them
To control human conduct
The law is not an ____ ____ - Answer Exact science, the law is constantly evolving
What are the 4 sources of law? - Answer Constitutions, Statutes, Decisions and Rules of
Administrative Agencies, and Court Decisions
What is the US Constitution? - Answer The supreme law of the land and grants of power
from the states to the federal government
What are 3 things that the US Constitution "does" - Answer 1. Establishes the general
organization of the federal government
2. Grants powers to the federal government
3. Places limits on what the federal and state governments may do
What are expressed powers of the Constitution? - Answer Taxation
Declaring War
Regulating Interstate Commerce
What are the implied powers of the Constitution? - Answer The "Necessary and Proper
Clause"
What is the necessary and proper clause? - Answer Constitutional clause that gives
congress the power to make all laws "necessary and proper" for executing its powers
State law versus federal constitution, what happens? - Answer Federal law always wins,
so long as the federal law is constitutional.
What is the purpose of a State Constitution? - Answer Similar to the Federal
Constitution, State Constitutions: 1. establish the organization of state government
2. grant powers to state government
3. place limits on what state government can do
What is a Statute? - Answer Law that is enacted by a legislative body (Congress, State
Legislature, and Local Legislature)
, What are Judicial Decisions? - Answer Role of the courts is to resolve disputes.
In each individual case, the court:
1. Interprets statutes and/or regulations
2. Determines whether specific statutes and/or regulations are permitted by the state
and/or federal constitution
3. Creates common law when deciding cases not controlled by statutes, regulations or a
constitution
What does the Decisions and Rules of Administrative Agencies do? - Answer Present
their own questions and complexities, they hold quasi-judicial and quasi-legislative roles
Civil Law - Answer Disputes between private parties (regulatory agencies and private
individuals). There's a plaintiff and a defendant
Plaintiff - Answer a person who brings a case against another in a court of law
Defendant - Answer an individual or group being sued
Penalties of Civil Law - Answer Money Damages (compensatory), Non-Compensatory
(pain and suffering), Punitive (punishment), and Licensure implications
Criminal Law - Answer A law that defines crimes against the public order (both
individuals and corporations). Doesn't always mean jail time
Criminal Penalties - Answer Jail time, Fines, and loss of license/operating privileges
Who Enforces Criminal Law? - Answer The government (not dispute between two
private parties)
Different Burdens of Proof - Answer Civil Burden and Criminal burden
Civil Burden - Answer More likely than not
Criminal Burden - Answer Beyond a reasonable doubt
3 Branches of Government - Answer Legislative, Executive, Judicial
The role of legislative - Answer To make, amend, and fix existing the laws (must confirm
judge nominees)
Legislative Branch Committees - Answer Legislatures assign legislative proposals to
committees charged with oversight of the areas addressed by the proposals.
Committees investigate and hold hearings at which interested persons may present
their view
Each State has __ legislature - Answer a bicameral legislature similar to the US
Congress
