BUS 115 UNIT 1 TEST QUESTIONS &
ANSWERS
STATUTES - ANSWER LAW CREATED BY LEGISLATURE.
COMMON LAW - ANSWER ESTABLISHED BY A PRECEDENT, OR EARLIER CASES
DECIDED BY COURTS. STARE DECISIS " LET THE DECISION STAND".
ADMINISTRATIVE LAW - ANSWER CREATED BY AGENCIES SUCH AS EPA
NATURAL LAW - ANSWER AN UNJUST LAW IS NO LAW AT ALL AND NEED NOT
TO BE OBEYED. LAWS MUST HAVE A GOOD MORAL BASIS.
LEGAL POSITIVISM - ANSWER LAW IS WHAT THE SOVEREIGN SAYS IT IS.
DECISIONS STAND REGARDLESS OF MORALITY
LEGAL REALISM - ANSWER ENFORCEMENT OF THE LAW IS MORE IMPORTANT
THAN LAW ITSELF. ENFORCERS DETERMINE IF THE LAW IS APPLIED IN A FAIR
AND CONSISTENT WAY.
CRIMINAL CASE - ANSWER DANGEROUS BEHAVIOR OUTLAWED BY SOCIETY.
GOVERNMENT PROSECUTES ACCUSED. GUILT IS DETERMINED. PUNISHMENT
OR FINE IS IMPOSED.
CIVIL CASE - ANSWER REGULATES RIGHTS AND DUTIES BETWEEN PARTIES.
VICTIM NOT GOVERNMENT BRINGS SUIT. GUILT IS NOT DETERMINED.
COMPENSATION OR EQUITABLE RELIEF IS ORDERED
JURISDICTION - ANSWER A COURTS POWER TO HEAR A CASE
FEDERAL QUESTION JURISDICTION - ANSWER A CASE IN WHICH THE CLAIM IS
BASED ON THE UNITED STATES CONSTITUTION, A FEDERAL STATUTE OR A
FEDERAL TREATY.
DIVERSITY JURISDICTION - ANSWER APPLIES WHEN ONE THE PLAINTIFF AND
DEFENDANT ARE CITIZENS OF DIFFERENT STATES AND THE AMOUNT IN
DISPUTE EXCEEDS $75,000
THE ACTUAL MALICE STANDARD OF NY TIMES VS. SULLIVAN - ANSWER THE
RULE FROM NY VS SULLIVAN CASE IS THAT A PUBLIC OFFICIAL CAN WIN A
DEFAMATION CASE ONLY BY PROVING THE DEFENDANTS ACTUAL MALICE,
THAT IS THE DEFENDANT KNEW THE STATEMENT WAS FALSE OR ACTED WITH
RECKLESS DISREGARD OF THE TRUTH
ANSWERS
STATUTES - ANSWER LAW CREATED BY LEGISLATURE.
COMMON LAW - ANSWER ESTABLISHED BY A PRECEDENT, OR EARLIER CASES
DECIDED BY COURTS. STARE DECISIS " LET THE DECISION STAND".
ADMINISTRATIVE LAW - ANSWER CREATED BY AGENCIES SUCH AS EPA
NATURAL LAW - ANSWER AN UNJUST LAW IS NO LAW AT ALL AND NEED NOT
TO BE OBEYED. LAWS MUST HAVE A GOOD MORAL BASIS.
LEGAL POSITIVISM - ANSWER LAW IS WHAT THE SOVEREIGN SAYS IT IS.
DECISIONS STAND REGARDLESS OF MORALITY
LEGAL REALISM - ANSWER ENFORCEMENT OF THE LAW IS MORE IMPORTANT
THAN LAW ITSELF. ENFORCERS DETERMINE IF THE LAW IS APPLIED IN A FAIR
AND CONSISTENT WAY.
CRIMINAL CASE - ANSWER DANGEROUS BEHAVIOR OUTLAWED BY SOCIETY.
GOVERNMENT PROSECUTES ACCUSED. GUILT IS DETERMINED. PUNISHMENT
OR FINE IS IMPOSED.
CIVIL CASE - ANSWER REGULATES RIGHTS AND DUTIES BETWEEN PARTIES.
VICTIM NOT GOVERNMENT BRINGS SUIT. GUILT IS NOT DETERMINED.
COMPENSATION OR EQUITABLE RELIEF IS ORDERED
JURISDICTION - ANSWER A COURTS POWER TO HEAR A CASE
FEDERAL QUESTION JURISDICTION - ANSWER A CASE IN WHICH THE CLAIM IS
BASED ON THE UNITED STATES CONSTITUTION, A FEDERAL STATUTE OR A
FEDERAL TREATY.
DIVERSITY JURISDICTION - ANSWER APPLIES WHEN ONE THE PLAINTIFF AND
DEFENDANT ARE CITIZENS OF DIFFERENT STATES AND THE AMOUNT IN
DISPUTE EXCEEDS $75,000
THE ACTUAL MALICE STANDARD OF NY TIMES VS. SULLIVAN - ANSWER THE
RULE FROM NY VS SULLIVAN CASE IS THAT A PUBLIC OFFICIAL CAN WIN A
DEFAMATION CASE ONLY BY PROVING THE DEFENDANTS ACTUAL MALICE,
THAT IS THE DEFENDANT KNEW THE STATEMENT WAS FALSE OR ACTED WITH
RECKLESS DISREGARD OF THE TRUTH
