BLAW 3310 EXAM 1 REVIEW QUESTIONS
Modern Definition of Law - Answers -A body of rules of action or conduct prescribed by
controlling authority and having binding legal force.
What causes changes in law to cause changes in acceptable behavior? - Answers -The
legal system provides a way to bring about changes in "acceptable" behavior
*Something you are not used to doing, but you can do it now
How did the government get powers when they were not listed in the federal
constitution? - Answers -The states
Three main branches of the government - Answers -Legislative -Congress (House &
Senate); makes the laws
Executive -President and his cabinet; implements the laws (executive orders)
Judicial -Supreme Court; interpret the laws
What happens when a law contradicts the Constitution? - Answers -It is considered
"unconstitutional"
*Known as the judicial review
State Constitution - Answers -*The highest law of the land for the state law.
Specify how state officials are chosen and removed, how laws are passed, how the
court systems run, and how finances and revenues are paid and collected
Who creates statutory law? - Answers -The legislatures
What is judicial review, and what do courts do with federal and state statutes? -
Answers -Judicial review is the court's authority to interpret the law.
Federal courts may review statutes passed by Congress to ensure they do not violate
the US Constitution.
State courts may review statutes passed by their legislatures to ensure they do not
violate the constitution of the state or of the United States.
How many statutes get sent to the president each year to be signed into law? -
Answers -200-300
, What a bi-cameral legislature is and why we use them? - Answers -Two legislatures
containing a House of Representatives and a Senate dividing power between two
houses is intended to serve as an added check on government power
How is an administrative agency created? - Answers -It is created by a delegation of
legislative power to the executive branch
To get a dispute resolved by a court, you must bring a case - Answers -
What precedent mean in case law? - Answers -Judges look for guidance by studying
decisions from earlier recorded cases. It is applied to the facts of the new cases under
consideration and helps to guide the decision.
Stare decisis - Answers -The use of precedent in deciding current cases, "to stand on
decided cases"
The advantages of the use of precedent in law for business - Answers -1. Consistency
in the legal system improves the ability to plan business decisions
2. People become increasingly confident the rule will be followed in the resolution of
future disputes
3. Creates a legal system that neutralizes the prejudices of individuals judges
Why Davis v. Baugh Industrial Contractors Court overturn its precedent? - Answers -
Court concluded that the doctrine of completion and acceptance is "outmoded,
incorrect, and harmful"
The reasons a court may ignore precedent according to the Tennessee Supreme court -
Answers -when the prior precedent conflicts with a constitutional provision
Executive Order - Answers -President or governor creates law by issuing executive
orders requiring agencies to do certain things within the executive's scope of authority
Public Law vs. Private Law - Answers -Public law concerns the legal relationship
between members of society and the government
Private law sets forth rules governing the legal relationships among members of society
*Contract Law
Criminal law punishes people who commit wrongs against the government/society -
Answers -
Judicial Immunity - Answers -A judge is absolute immune from suit for damages for
judiciary acts.
Modern Definition of Law - Answers -A body of rules of action or conduct prescribed by
controlling authority and having binding legal force.
What causes changes in law to cause changes in acceptable behavior? - Answers -The
legal system provides a way to bring about changes in "acceptable" behavior
*Something you are not used to doing, but you can do it now
How did the government get powers when they were not listed in the federal
constitution? - Answers -The states
Three main branches of the government - Answers -Legislative -Congress (House &
Senate); makes the laws
Executive -President and his cabinet; implements the laws (executive orders)
Judicial -Supreme Court; interpret the laws
What happens when a law contradicts the Constitution? - Answers -It is considered
"unconstitutional"
*Known as the judicial review
State Constitution - Answers -*The highest law of the land for the state law.
Specify how state officials are chosen and removed, how laws are passed, how the
court systems run, and how finances and revenues are paid and collected
Who creates statutory law? - Answers -The legislatures
What is judicial review, and what do courts do with federal and state statutes? -
Answers -Judicial review is the court's authority to interpret the law.
Federal courts may review statutes passed by Congress to ensure they do not violate
the US Constitution.
State courts may review statutes passed by their legislatures to ensure they do not
violate the constitution of the state or of the United States.
How many statutes get sent to the president each year to be signed into law? -
Answers -200-300
, What a bi-cameral legislature is and why we use them? - Answers -Two legislatures
containing a House of Representatives and a Senate dividing power between two
houses is intended to serve as an added check on government power
How is an administrative agency created? - Answers -It is created by a delegation of
legislative power to the executive branch
To get a dispute resolved by a court, you must bring a case - Answers -
What precedent mean in case law? - Answers -Judges look for guidance by studying
decisions from earlier recorded cases. It is applied to the facts of the new cases under
consideration and helps to guide the decision.
Stare decisis - Answers -The use of precedent in deciding current cases, "to stand on
decided cases"
The advantages of the use of precedent in law for business - Answers -1. Consistency
in the legal system improves the ability to plan business decisions
2. People become increasingly confident the rule will be followed in the resolution of
future disputes
3. Creates a legal system that neutralizes the prejudices of individuals judges
Why Davis v. Baugh Industrial Contractors Court overturn its precedent? - Answers -
Court concluded that the doctrine of completion and acceptance is "outmoded,
incorrect, and harmful"
The reasons a court may ignore precedent according to the Tennessee Supreme court -
Answers -when the prior precedent conflicts with a constitutional provision
Executive Order - Answers -President or governor creates law by issuing executive
orders requiring agencies to do certain things within the executive's scope of authority
Public Law vs. Private Law - Answers -Public law concerns the legal relationship
between members of society and the government
Private law sets forth rules governing the legal relationships among members of society
*Contract Law
Criminal law punishes people who commit wrongs against the government/society -
Answers -
Judicial Immunity - Answers -A judge is absolute immune from suit for damages for
judiciary acts.
