BLAW 301 EXAM 1 QUESTIONS ANSWERED CORRECTLY LATEST UPDATE 2026

BLAW 301 EXAM 1 QUESTIONS ANSWERED CORRECTLY LATEST UPDATE 2026 rule of law - Answers laws apply equally to everyone property as a right - Answers property law gives us the right to exclude others. property can be tangible or intangible common law - Answers judges determine the meaning and application of laws. they follow precedent public law - Answers involve regulation of society (constitutional, administrative, and criminal law). government always involved private law - Answers legal issues that concern private relationships with individuals and businesses (property, contract, and tort law). government not involved civil law - Answers deals with damages caused by private conduct (breach of contract, negligence, etc.) plaintiff requests damages as compensation for harm. government not involved criminal law - Answers deals with wrongs against society, not private conduct. government always involved, they attempt to prove guilt of defendant substantive law - Answers define legal relationships and rights, tell us our duties as citizens procedural law - Answers methods by which substantive law is administered. provides the machinery (procedure) for enforcing rights what constitutes federal law? - Answers the constitution, statutes passed by congress, executive orders (from president), common law enforced by federal judges what did the constitution establish? - Answers 3 branches of government (judicial, executive, legislative), checks and balances, and individual rights what constitutes state law? - Answers state constitutions, statutes passed by state legislatures, executive orders (from governor), common law enforced by state judges how is each states number of representatives and senators determined? - Answers number of representatives is determined by state population, each state has 2 senators how is administrative law enforced? - Answers administrative agencies are created to oversee laws that congress cannot. legislature delegates power to these agencies. there are both federal and state agencies what does stare decisis mean? - Answers let the decision stand (precedent). when do judges typically follow precedent? - Answers from prior cases in the same district or from higher courts. what is the purpose of criminal law? - Answers prohibiting and punishing certain conduct. criminal sanctions punish, deter, and rehabilitate certain conduct while protecting others from harm. what is the purpose of civil law? - Answers to regulate the rights and duties of private parties what is case law? - Answers the history of decisions from prior cases (precedent) what are the advantages and disadvantages of precedent? - Answers advantages: predictability and consistency within decisions disadvantages: can be conflicting within same level district court, also occasionally favors the "wrong" party to win in criminal law, what government officials might be involved? - Answers federal crimes: US attorney, state level crimes: district attorney who decides whether or not to prosecute in criminal law? - Answers government, not victims can you go to jail from a civil case? - Answers no, you will simply have to award damages if you lose what is contract law? - Answers subsect of civil law, you may sue another party for a breach of contract what remedies exist in contract law? - Answers compensatory damage (economic harm), recission of contract, specific performance (ordered to fulfill duties from contract) what is tort law? - Answers subsect of civil law, a party may sue another who caused injury what are the three types of torts? - Answers intentional, negligence, and strict liability what are the remedies for torts? - Answers compensatory damages (for physical, mental, or economic harm), punitive damages (for intentional torts, money that a judge or jury orders a defendant to pay, amount determined by wealth of defendant) can you be sued civilly and charged with a crime for the same action? - Answers yes, example oj simpson what is the difference between laws and ethics? - Answers laws dictate how a person must behave, ethics dictate how we should behave what are the sources of business ethics? - Answers legal regulations, professional codes of ethics, organizational codes of ethics, individual values what are legal regulations for business ethics? - Answers respect the rights of others, act in good faith, exercise reasonable care, honor confidentiality, avoid conflicts of interest what are professional codes of ethics? - Answers certain industries have specific codes of ethics that workers within the industry must follow what are business codes of ethics? - Answers individual businesses might have codes of ethics that they require their employees to follow what are individual values for ethics? - Answers the ultimate source of ethical decision making, based in your own morals and values. what you believe is the best course of action. what are some common issues for companies acting ethically? - Answers emphasis on profits, group effect (psychology), control of resources by non-owners (less incentive to act ethically due to lower stake) what percent of cases end up settling/being dismissed? - Answers 98% of civil cases explain jury selection - Answers potential jurors are drawn from public records of eligible citizens, they are sent jury summons. attorneys narrow down these jurors until 12 (typically) remain what is voir dice? - Answers potential jurors answer questions about themselves to uncover biases. attorneys want jurors who will be sympathetic to their client what are the two ways an attorney can challenge a juror? - Answers for cause - challenging for a specific reason, no limit to amount of for cause challenges without cause - challenging without providing reason to court by using peremptory challenges. limited amount per party what are common reasons an attorney might challenge a juror for cause? - Answers they are related to opposing party/key witness, they are medically unable to sit for trial, they admitted bias against client what is the name of the supreme court case related to peremptory challenges? what did it result in? - Answers batson v. kentucky, attorneys cannot use a peremptory challenge to strike a juror based on race. supreme court extended this to gender, but not religion. what is a batson challenge? - Answers questioning if an attorney used a peremptory challenge in a discriminatory manner (race or gender). attorney must provide an alternate reasoning describe opening statements - Answers each party's attorney tells the jury what they will attempt to prove at trial, no evidence presented during opening statements describe the process for presenting evidence and witness examinations - Answers plaintiff (civil) or government (criminal) present evidence first. attorneys must ask for permission to present evidence. after plaintiff/government, defendant's attorney may present evidence describe closing arguments - Answers attorneys summarize the evidence presented throughout the trial and take advantage of their last opportunity to persuade the jury describe jury instructions - Answers the judge instructs the jury what they can and cannot consider when making their decisions, that they must render a verdict, describes the applicable law that defendant violated, and tells them the burden of proof that must be met. what are the three burdens of proof in increasing order, what cases are they used for? - Answers preponderance of evidence (civil) clear and convincing (civil) beyond a reasonable doubt (criminal) describe jury deliberations - Answers the jury deliberates privately and renders a verdict (liable/not liable to a plaintiff, guilty/not guilty of a crime). a bailiff will ensure that proper procedures are followed describe the judgement process - Answers a judge will submit a judgement if the judge agrees with the jury's verdict, but can change the verdict if they don't agree (rare). signed judgement ultimately determines outcome of trial. what happens post trial - Answers appellate review, enforcing judgements, and res judicate what is appellate review? - Answers parties may appeal jury's verdict or judges decisions, they will file written briefs and provide oral arguments at appellate court. can new evidence be presented in appellate court? - Answers no, appellate court is limited to the record from the lower court. no new evidence or arguments will be considered. what are parties called in appellate court? - Answers appellant (lost at trial court), appellee (won at trial court). supreme court: