BLAW 3310 EXAM 1 QUESTIONS AND ANSWERS
Law - Answers -enforceable rules of conduct set forth by a government to be followed
by the citizens of the society
Stability - Answers -the legal system helps define acceptable behavior. The law limits
activities that hurt the public interest. The law can also require or encourage business
practices that further social or political goals
Predictability - Answers -law provides predictability and uniformity
Social Change - Answers -the legal system provides a way to bring about changes in
"acceptable" behavior
-Plessy v. Ferguson (1896): state racial segregation for public facilities legal under
"separate buy equal"
-Brown v. Board of Education (1954): state laws establishing racial segregation in public
school is unconstitutional
Conflict Resolution - Answers -a critical function of the law is dispute resolution
-Court system (formal process)
Constitution - Answers -the fundamental law of a nation; written document (not always
written) establishing the powers of government and its basic structure
U.S. Constitution - Answers -sets framework, powers and limits of federal government
(3 branches of government)
Legislative Branch - Answers -Congress (House and Senate); makes the laws
Executive Branch - Answers -President and his cabinet; implements the laws
(executive orders)
Judicial Branch - Answers -Supreme Court; interpret the laws
Statutes - Answers -rules made by legislative bodies; written by legislative, signed into
by executive; typically commands or prohibits something, or declares policy (affects
business behavior)
Administrative Agencies - Answers -a governmental bureau established by Congress
(or the President) to execute certain functions of Congress
Common Law - Answers -law made and applied by judges as they resolve disputes
among private parties; foundation of agency (employment), contact, property, and tort
law
, Legal Precedent - Answers -to settle disputes that are similar to past disputes, judges
look for guidance by studying decisions form earlier recorded cases
Stare Decisis - Answers -"to stand on decided cases"; the use of precedent by courts
Criminal Law - Answers -concern legal wrongs or crimes committed against the state
(Felony or Misdemeanor)
Felony - Answers -serious class crime punishable by imprisonment of more than a year
Misdemeanor - Answers -lesser class crime punishable by a fine and/or imprisonment
of less than a year (not in state or federal penitentiaries)
Beyond a Reasonable Doubt - Answers -in criminal law, the general rule that for a
judge to find a defendant guilty, there can be no significant doubt that the defendant
violated a criminal statute (higher standard of proof); jail time
Civil Law - Answers -concerns the rights and responsibilities that exist among members
of society or between individuals and the government in non-criminal matters
Preponderance of the Evidence - Answers -in civil trials, the burden of persuasion to
win a verdict requires that the plaintiff prove its claim by having the majority (51%) or
bulk of the evidence on its side (lesser burden of proof); monetary fines
OJ Simpson Murder Case - Answers -example of beyond a reasonable doubt (not
guilty) and preponderance of the evidence (guilty)
Federal Judges - Answers -nominated by the President and confirmed by a majority
vote in the U.S. Senate; lifetime appointment; only removed by impeachment
State Judges - Answers -elected, appointed or chosen by a method that mixes the two;
serves for a fixed term and forced to re-run
Doctrine of Judicial Immunity - Answers -a judge is immune from suit for damages for
judiciary acts
Original Jurisdiction - Answers -power of the court to take a lawsuit at its beginning, try
it, and pass judgment upon the law and facts ; disputes first brought and tried
Appellate Jurisdiction - Answers -power of a court to revise or correct the proceedings
in a case already acted upon by a lower court or administrative agency
Federal Court System - Answers -Federal District Courts - Federal Appellate Courts -
U.S. Supreme Court; Bankruptcy Court
Law - Answers -enforceable rules of conduct set forth by a government to be followed
by the citizens of the society
Stability - Answers -the legal system helps define acceptable behavior. The law limits
activities that hurt the public interest. The law can also require or encourage business
practices that further social or political goals
Predictability - Answers -law provides predictability and uniformity
Social Change - Answers -the legal system provides a way to bring about changes in
"acceptable" behavior
-Plessy v. Ferguson (1896): state racial segregation for public facilities legal under
"separate buy equal"
-Brown v. Board of Education (1954): state laws establishing racial segregation in public
school is unconstitutional
Conflict Resolution - Answers -a critical function of the law is dispute resolution
-Court system (formal process)
Constitution - Answers -the fundamental law of a nation; written document (not always
written) establishing the powers of government and its basic structure
U.S. Constitution - Answers -sets framework, powers and limits of federal government
(3 branches of government)
Legislative Branch - Answers -Congress (House and Senate); makes the laws
Executive Branch - Answers -President and his cabinet; implements the laws
(executive orders)
Judicial Branch - Answers -Supreme Court; interpret the laws
Statutes - Answers -rules made by legislative bodies; written by legislative, signed into
by executive; typically commands or prohibits something, or declares policy (affects
business behavior)
Administrative Agencies - Answers -a governmental bureau established by Congress
(or the President) to execute certain functions of Congress
Common Law - Answers -law made and applied by judges as they resolve disputes
among private parties; foundation of agency (employment), contact, property, and tort
law
, Legal Precedent - Answers -to settle disputes that are similar to past disputes, judges
look for guidance by studying decisions form earlier recorded cases
Stare Decisis - Answers -"to stand on decided cases"; the use of precedent by courts
Criminal Law - Answers -concern legal wrongs or crimes committed against the state
(Felony or Misdemeanor)
Felony - Answers -serious class crime punishable by imprisonment of more than a year
Misdemeanor - Answers -lesser class crime punishable by a fine and/or imprisonment
of less than a year (not in state or federal penitentiaries)
Beyond a Reasonable Doubt - Answers -in criminal law, the general rule that for a
judge to find a defendant guilty, there can be no significant doubt that the defendant
violated a criminal statute (higher standard of proof); jail time
Civil Law - Answers -concerns the rights and responsibilities that exist among members
of society or between individuals and the government in non-criminal matters
Preponderance of the Evidence - Answers -in civil trials, the burden of persuasion to
win a verdict requires that the plaintiff prove its claim by having the majority (51%) or
bulk of the evidence on its side (lesser burden of proof); monetary fines
OJ Simpson Murder Case - Answers -example of beyond a reasonable doubt (not
guilty) and preponderance of the evidence (guilty)
Federal Judges - Answers -nominated by the President and confirmed by a majority
vote in the U.S. Senate; lifetime appointment; only removed by impeachment
State Judges - Answers -elected, appointed or chosen by a method that mixes the two;
serves for a fixed term and forced to re-run
Doctrine of Judicial Immunity - Answers -a judge is immune from suit for damages for
judiciary acts
Original Jurisdiction - Answers -power of the court to take a lawsuit at its beginning, try
it, and pass judgment upon the law and facts ; disputes first brought and tried
Appellate Jurisdiction - Answers -power of a court to revise or correct the proceedings
in a case already acted upon by a lower court or administrative agency
Federal Court System - Answers -Federal District Courts - Federal Appellate Courts -
U.S. Supreme Court; Bankruptcy Court
