BUL 3310 Exam 1 Questions with
Solutions
Positive Law - Answer-is the theory of jurisprudence that believes that the law is simply the command
of a government and that there is no necessary moral component to it
Natural Law - Answer-is the theory of jurisprudence which believes there are absolute moral principles
and higher laws that guide human behavior and that the laws of nations should reflect them
Legal Realism - Answer-is the theory of jurisprudence which believes that the law is really what those
charged with administering the law, judges and juries, decide what that is
Uniform Commercial Code - Answer-Consists in identical statutes enacted by the states to provide
consistent and uniform laws for commercial transactions
Res Judicata - Answer-Controversy that has been litigated and forever settled between parties
Stare Decisis - Answer-to stand by the decision
Doctrine of judicial review was first articulated in - Answer-Marbury v. Madison
,A state statue requiring that medical malpractice suits be initiated within 3 years of the injury is an
example of - Answer-Procedural Law
The federal and state governments, although they share similar structure, have their own unique duties
and functions. This division of sovereign power between the state and federal level is called a - Answer-
Vertical Separation of Powers
Maya, who lives in Maryland, hired Mark, a contractor who lives and is licensed in Maryland, to renovate
her home. The contract is governed by Maryland Law. Should a dispute arise over the contract, it would
be classified as an - Answer-Intrastate Case
Legislation passed by congress and signed into law by the president is classified as a - Answer-Statute
What can courts use to interpret the meaning and purpose of a piece of federal legislation? - Answer-
Rules of Statutory interpretation, Minutes of committee hearings, the entire legislative history of the act
A civil law system is based on - Answer-Legislative codes
A common law system is based on - Answer-Judicial Decisions
Common Law system in the US has its roots in - Answer-England
Tort Law - Answer-The societal belief that people who injure other persons or their property should
compensate them for their loss
Ruled of the courtroom - Answer-Procedural law
What are the 3 categories of private law? - Answer-Tort, Property, contract
,Which is not a category of private law? - Answer-criminal law
True or False? State X requires that a party who wants to appeal the decision of a trial court file a notice
of appeal within 30 days of the verdict. This an example of substantive state law - Answer-False
True or False? The purpose of the doctrine of stare decisis is to give certainty and predictability to the
law - Answer-True
True of False? The city of Delmar passed a law requiring that restaurants and taverns stop serving
alcohol to patrons at 1 am. This law is an example of an ordinance - Answer-True
True or False? The Law in many European countries is based on codified statutes, not case precedents.
Such law is classified as a civil system - Answer-True
True or False? Once a dispute has been litigated and decided, stare decisis bars the parties involved from
ever litigating the issue again - Answer-False
True of False? If the laws of several jurisdictions are involved in a case, the doctrine of res judicata will
determine which state law will apply. - Answer-False
True or False? Contract and Tort are examples of public law - Answer-False
True or False? Codes of Ethical Conduct adopted by corporations and professional associations have the
same legal status as ordinances - Answer-False
True or False? Criminal and Taxing statutes are strictly and narrowly construed - Answer-True
, True or False. Judicial review is the power of the courts to declare laws unconstitutional - Answer-True
True or False. Comments made by the court that are not necessary to decide the issue at hand are called
dicta - Answer-True
True or False. The separation of powers doctrine applies only to the federal government and not to state
governments - Answer-False
True or False. The Uniform Commercial Code is an important federal statute regulating interstate
commerce - Answer-False
True or False. Tort Law is a subset of general criminal law - Answer-False
True or False. In deciding a case, statutory law always supersedes common law - Answer-True
The Theory of constitutional interpretation that is willing to reject precedent in order to address current
social forces and needs is called - Answer-Constitutional relativity
Deductive Reasoning does not allow one to - Answer-draw conclusions from similar cases decided in the
past
An initial step in the legal reasoning process is - Answer-Identifying the general area of the law at issue
Prof. Johnson is a law professor who teaches the existence of moral authority that is more important
than mere legal rules. Prof. Johnson is an adherent of which school of jurisprudence - Answer-Natural
Law
Solutions
Positive Law - Answer-is the theory of jurisprudence that believes that the law is simply the command
of a government and that there is no necessary moral component to it
Natural Law - Answer-is the theory of jurisprudence which believes there are absolute moral principles
and higher laws that guide human behavior and that the laws of nations should reflect them
Legal Realism - Answer-is the theory of jurisprudence which believes that the law is really what those
charged with administering the law, judges and juries, decide what that is
Uniform Commercial Code - Answer-Consists in identical statutes enacted by the states to provide
consistent and uniform laws for commercial transactions
Res Judicata - Answer-Controversy that has been litigated and forever settled between parties
Stare Decisis - Answer-to stand by the decision
Doctrine of judicial review was first articulated in - Answer-Marbury v. Madison
,A state statue requiring that medical malpractice suits be initiated within 3 years of the injury is an
example of - Answer-Procedural Law
The federal and state governments, although they share similar structure, have their own unique duties
and functions. This division of sovereign power between the state and federal level is called a - Answer-
Vertical Separation of Powers
Maya, who lives in Maryland, hired Mark, a contractor who lives and is licensed in Maryland, to renovate
her home. The contract is governed by Maryland Law. Should a dispute arise over the contract, it would
be classified as an - Answer-Intrastate Case
Legislation passed by congress and signed into law by the president is classified as a - Answer-Statute
What can courts use to interpret the meaning and purpose of a piece of federal legislation? - Answer-
Rules of Statutory interpretation, Minutes of committee hearings, the entire legislative history of the act
A civil law system is based on - Answer-Legislative codes
A common law system is based on - Answer-Judicial Decisions
Common Law system in the US has its roots in - Answer-England
Tort Law - Answer-The societal belief that people who injure other persons or their property should
compensate them for their loss
Ruled of the courtroom - Answer-Procedural law
What are the 3 categories of private law? - Answer-Tort, Property, contract
,Which is not a category of private law? - Answer-criminal law
True or False? State X requires that a party who wants to appeal the decision of a trial court file a notice
of appeal within 30 days of the verdict. This an example of substantive state law - Answer-False
True or False? The purpose of the doctrine of stare decisis is to give certainty and predictability to the
law - Answer-True
True of False? The city of Delmar passed a law requiring that restaurants and taverns stop serving
alcohol to patrons at 1 am. This law is an example of an ordinance - Answer-True
True or False? The Law in many European countries is based on codified statutes, not case precedents.
Such law is classified as a civil system - Answer-True
True or False? Once a dispute has been litigated and decided, stare decisis bars the parties involved from
ever litigating the issue again - Answer-False
True of False? If the laws of several jurisdictions are involved in a case, the doctrine of res judicata will
determine which state law will apply. - Answer-False
True or False? Contract and Tort are examples of public law - Answer-False
True or False? Codes of Ethical Conduct adopted by corporations and professional associations have the
same legal status as ordinances - Answer-False
True or False? Criminal and Taxing statutes are strictly and narrowly construed - Answer-True
, True or False. Judicial review is the power of the courts to declare laws unconstitutional - Answer-True
True or False. Comments made by the court that are not necessary to decide the issue at hand are called
dicta - Answer-True
True or False. The separation of powers doctrine applies only to the federal government and not to state
governments - Answer-False
True or False. The Uniform Commercial Code is an important federal statute regulating interstate
commerce - Answer-False
True or False. Tort Law is a subset of general criminal law - Answer-False
True or False. In deciding a case, statutory law always supersedes common law - Answer-True
The Theory of constitutional interpretation that is willing to reject precedent in order to address current
social forces and needs is called - Answer-Constitutional relativity
Deductive Reasoning does not allow one to - Answer-draw conclusions from similar cases decided in the
past
An initial step in the legal reasoning process is - Answer-Identifying the general area of the law at issue
Prof. Johnson is a law professor who teaches the existence of moral authority that is more important
than mere legal rules. Prof. Johnson is an adherent of which school of jurisprudence - Answer-Natural
Law
