BUSA 2106 - Exam 1 Study Guide UPDATED ACTUAL Questions and
CORRECT Answers
1. The principle of stare decisis does which of the fol- Creates predictability in the
lowing? legal system
2. If a trial court judge is deciding an issue that has nev- may create a new precedent.
er come before the court (a case of first impression),
they:
3. Under the common law, which of the following is In a case of first impression,
true? a judge may use persua-
sive authorities rather than
precedents.
4. Historically, the common law developed from: the unification of local cus-
toms and laws in feudal
England.
5. The belief that as humans we are all entitled to cer- Natural law
tain fundamental rights is a component of which
school of thought?
6. The idea that each person has intrinsic biases that Legal Realist School
impact their decisions is a component of which
school of thought?
7. Judge Jasper and his friend, Judge Judy, were de- Legal Realism
bating the philosophical theories of jurisprudence.
Judge Jasper believes that law is just one of many
institutions in society and that it is shaped by social
forces and needs. Judge Jasper believes in the theory
of jurisprudence called:
8. Joan's lawyer, Albert, feels pretty good about the Stare Decisis
chances of winning Joan's case. He has found a case
, directly on point, which means it has the same issue
and very similar facts. If the court follows the deci-
sion in the case Albert found, then Joan will win her
case. Albert argues Joan's case to the trial court, and
the trial court decides for Joan. The fact that the trial
court decided the case in Joan's favor is an example
of:
9. Elton is a state representative for the North Dakota Statutory Law
legislature. Recently, Elton and his colleagues in the
legislature proposed a law that would increase the
penalty drivers would have to pay if they pass a
stopped school bus. The type of law that Elton and
his colleagues will enact is known as:
10. Zayden was recently arrested for driving while in- The law that defines the
toxicated. The law in his state defines the crime of crime is a substantive law,
driving while intoxicated as operating a motor vehi- and the law that provides for
cle on the public roads with a blood alcohol content the right to appeal is a pro-
over 0.8%. State law also states that anyone con- cedural law.
victed of this crime has the right to appeal. Zayden
recently took a criminal justice course in college and
remembers studying the differences between sub-
stantive and procedural law. In his current situation,
he knows that:
11. Megan Kanka was raped and murdered in 1994, Congress
when she was only seven years old, by one of
her neighbors. As a result of her murder, a federal
statute was created that requires law enforcement
authorities to make information available to the pub-
, lic regarding registered sex offenders. This federal
statute was created by:
12. How a hearing or court case is conducted is gov- Procedural Law
erned by:
13. In the United States, who creates federal statutory Congress
law?
14. Which of the following is an example of federal Internal Revenue Service
agency regulations that impact business operations? rules for business tax audits
15. A legal citation for a court decision is used by legal party names, location of the
professionals to research the law, and includes: published case, court, and
date of decision
16. The abbreviation "U.S." in the legal citation Brown v. United States Reports
Board of Education, 347 U.S. 483 (1954) references
the:
17. Substantive law governs a person's: rights and responsibilities
18. State statutory law is created by: elected members of the
state legislature.
19. Legal researchers will use which of the following 1. Online legal research en-
tools to locate a court decision? Choose 2 answers. gines, such as Lexis, West-
law, or Bloomberg
2. Bound volumes of re-
ported court decision, orga-
nized by jurisdiction, date,
and courts
20. Case briefing
, What do legal professionals use to analyze court
decisions that are relevant to their clients' cases?
21. Which of the following citations indicates that the Cal. Penal Code § 11164(a)
citation is referencing state statutory law? Choose 2 (West 2020)
answers. Ark. Code Ann. § 6-17-2401
(2020)
22. You live in Texas. During the COVID-19 pandemic, No, it doesn't, because the
you decide to visit your cousins in New York City. interest of the government
The number of coronavirus cases in New York state in controlling the spread of
is at an all-time low. The number of cases in Texas, coronavirus and protecting
however, is at an all-time high. To help control the the health of New Yorkers is
spread of the disease in New York, the governor of a compelling state interest.
New York issues an order requiring that all visitors
from Texas quarantine for two weeks upon arrival in
New York. This order will be in effect at the time of
your planned trip. You had hoped to visit some of
the sites of New York City and do not want to spend
two weeks inside at your cousin's house. You believe
the order of the governor violates your fundamental
right to interstate travel.
Does the order of the governor restricting travel vi-
olate your substantive due process rights?
23. What is preemption in the Supremacy Clause? Federal law is supreme over
state law
24. In what situations does federal law preempt state 1. When Congress passes
law? Choose 2 answer choices. very detailed law
2. When Congress passes a
law and creates an agency to
enforce that law
CORRECT Answers
1. The principle of stare decisis does which of the fol- Creates predictability in the
lowing? legal system
2. If a trial court judge is deciding an issue that has nev- may create a new precedent.
er come before the court (a case of first impression),
they:
3. Under the common law, which of the following is In a case of first impression,
true? a judge may use persua-
sive authorities rather than
precedents.
4. Historically, the common law developed from: the unification of local cus-
toms and laws in feudal
England.
5. The belief that as humans we are all entitled to cer- Natural law
tain fundamental rights is a component of which
school of thought?
6. The idea that each person has intrinsic biases that Legal Realist School
impact their decisions is a component of which
school of thought?
7. Judge Jasper and his friend, Judge Judy, were de- Legal Realism
bating the philosophical theories of jurisprudence.
Judge Jasper believes that law is just one of many
institutions in society and that it is shaped by social
forces and needs. Judge Jasper believes in the theory
of jurisprudence called:
8. Joan's lawyer, Albert, feels pretty good about the Stare Decisis
chances of winning Joan's case. He has found a case
, directly on point, which means it has the same issue
and very similar facts. If the court follows the deci-
sion in the case Albert found, then Joan will win her
case. Albert argues Joan's case to the trial court, and
the trial court decides for Joan. The fact that the trial
court decided the case in Joan's favor is an example
of:
9. Elton is a state representative for the North Dakota Statutory Law
legislature. Recently, Elton and his colleagues in the
legislature proposed a law that would increase the
penalty drivers would have to pay if they pass a
stopped school bus. The type of law that Elton and
his colleagues will enact is known as:
10. Zayden was recently arrested for driving while in- The law that defines the
toxicated. The law in his state defines the crime of crime is a substantive law,
driving while intoxicated as operating a motor vehi- and the law that provides for
cle on the public roads with a blood alcohol content the right to appeal is a pro-
over 0.8%. State law also states that anyone con- cedural law.
victed of this crime has the right to appeal. Zayden
recently took a criminal justice course in college and
remembers studying the differences between sub-
stantive and procedural law. In his current situation,
he knows that:
11. Megan Kanka was raped and murdered in 1994, Congress
when she was only seven years old, by one of
her neighbors. As a result of her murder, a federal
statute was created that requires law enforcement
authorities to make information available to the pub-
, lic regarding registered sex offenders. This federal
statute was created by:
12. How a hearing or court case is conducted is gov- Procedural Law
erned by:
13. In the United States, who creates federal statutory Congress
law?
14. Which of the following is an example of federal Internal Revenue Service
agency regulations that impact business operations? rules for business tax audits
15. A legal citation for a court decision is used by legal party names, location of the
professionals to research the law, and includes: published case, court, and
date of decision
16. The abbreviation "U.S." in the legal citation Brown v. United States Reports
Board of Education, 347 U.S. 483 (1954) references
the:
17. Substantive law governs a person's: rights and responsibilities
18. State statutory law is created by: elected members of the
state legislature.
19. Legal researchers will use which of the following 1. Online legal research en-
tools to locate a court decision? Choose 2 answers. gines, such as Lexis, West-
law, or Bloomberg
2. Bound volumes of re-
ported court decision, orga-
nized by jurisdiction, date,
and courts
20. Case briefing
, What do legal professionals use to analyze court
decisions that are relevant to their clients' cases?
21. Which of the following citations indicates that the Cal. Penal Code § 11164(a)
citation is referencing state statutory law? Choose 2 (West 2020)
answers. Ark. Code Ann. § 6-17-2401
(2020)
22. You live in Texas. During the COVID-19 pandemic, No, it doesn't, because the
you decide to visit your cousins in New York City. interest of the government
The number of coronavirus cases in New York state in controlling the spread of
is at an all-time low. The number of cases in Texas, coronavirus and protecting
however, is at an all-time high. To help control the the health of New Yorkers is
spread of the disease in New York, the governor of a compelling state interest.
New York issues an order requiring that all visitors
from Texas quarantine for two weeks upon arrival in
New York. This order will be in effect at the time of
your planned trip. You had hoped to visit some of
the sites of New York City and do not want to spend
two weeks inside at your cousin's house. You believe
the order of the governor violates your fundamental
right to interstate travel.
Does the order of the governor restricting travel vi-
olate your substantive due process rights?
23. What is preemption in the Supremacy Clause? Federal law is supreme over
state law
24. In what situations does federal law preempt state 1. When Congress passes
law? Choose 2 answer choices. very detailed law
2. When Congress passes a
law and creates an agency to
enforce that law
