BUL5810- Exam #1 Woodyard Test
Questions with Quality Answers.
Difference of law and Justice - Answer Separate and distinct concepts; justice is the fair,
equitable, and impartial treatment of competing interests with due regard for the common
good
Broke criminal law / who will prosecute - Answer Prove beyond a reasonable doubt
State / Federal Government Prosecutes
Courts of law with money vs equity - Answer Action of law is money
Action of equity is non-monetary
Know sources of law / who has supreme law Article 6 Clause 2 - Answer Federal / State
Constitutions
Federal / State executive orders and statues
Regulation Agencies
Supreme Law of the land is the US constitution. Therefore federal legislation is paramount to
state's legislation.
Article 6 is the supremacy clause
Definition of a crime - Answer Any act or omission that public law prohibits in the interest of
protecting the public
Administrative rules and regulations - Answer 4th branch of government - Judge, Jury, and
Executioner
Used for accommodating complexity of society, economics, and industrial life
Given power by congress - sunset clause for control
Stare decisis - Answer To stand by decisions - Prior decisions in higher courts hold
Legality / Morality - Answer Laws provide sanctions, morals do not
Intersect but not completely overlapping
Immanuel Kant - Answer Deontological - Address the practical problems of utilitarianism
(judge motives and actions, not just actions)
Asserted what he called the categorical imperative
, Must posses potential to be made consistently applied for universal law
Respect the autonomy and rationality of all human beings and avoid treating them as an
expedient
Milton Friedman Ethical relativism - Answer Individuals must judge actions by what they feel
is right or wrong for themselves
Believed in the categorical imperative. In order for something to be ethical, it must be able to be
applied 100%.
Sarbanes-Oxley - Answer Made it a crime to defraud any person or to obtain any money or
property fraudulently in connection with any security of a public company
Mail/wire fraud falls into this and includes violation of the Securities and Exchange Act
Process to appoint someone to supreme court - Answer Nominated by the president
Senate Judiciary votes to send to full senate
Full senate votes for confirmation
Subject Matter Jurisdiction - Answer Authority of a court to decide a particular kind of case
Exclusive Federal Jurisdiction: Federal courts have sole jurisdiction over Federal crimes,
bankruptcy, antitrust, patent, trademark, copyright, and other specified cases
In personam jurisdiction - Answer Jurisdiction of a court over the parties to a lawsuit, in
contrast to jurisdiction of their property
A court obtains this jurisdiction by serving process on the party within the state in which the
court is located or by using the "Long-arm Statute"
Used to expand their jurisdictional reach beyond those persons who may be personally served
within the state.
Article 1 section 8 clause 3 - Answer Commerce Clause
What congress uses to pass the majority of bills
Specifically regulates interstate trade
Pleading / Default Judgement - Answer Pleadings are a series of responsive, formal, written
statements in which each side to a lawsuit states its claims and defenses. It's purpose is to give
notice and establish facts.
Default Judgement is one against a defendant who fails to respond to a complaint.
Summary Judgement is a final binding determination on the merits by the judge before a trial.
Questions with Quality Answers.
Difference of law and Justice - Answer Separate and distinct concepts; justice is the fair,
equitable, and impartial treatment of competing interests with due regard for the common
good
Broke criminal law / who will prosecute - Answer Prove beyond a reasonable doubt
State / Federal Government Prosecutes
Courts of law with money vs equity - Answer Action of law is money
Action of equity is non-monetary
Know sources of law / who has supreme law Article 6 Clause 2 - Answer Federal / State
Constitutions
Federal / State executive orders and statues
Regulation Agencies
Supreme Law of the land is the US constitution. Therefore federal legislation is paramount to
state's legislation.
Article 6 is the supremacy clause
Definition of a crime - Answer Any act or omission that public law prohibits in the interest of
protecting the public
Administrative rules and regulations - Answer 4th branch of government - Judge, Jury, and
Executioner
Used for accommodating complexity of society, economics, and industrial life
Given power by congress - sunset clause for control
Stare decisis - Answer To stand by decisions - Prior decisions in higher courts hold
Legality / Morality - Answer Laws provide sanctions, morals do not
Intersect but not completely overlapping
Immanuel Kant - Answer Deontological - Address the practical problems of utilitarianism
(judge motives and actions, not just actions)
Asserted what he called the categorical imperative
, Must posses potential to be made consistently applied for universal law
Respect the autonomy and rationality of all human beings and avoid treating them as an
expedient
Milton Friedman Ethical relativism - Answer Individuals must judge actions by what they feel
is right or wrong for themselves
Believed in the categorical imperative. In order for something to be ethical, it must be able to be
applied 100%.
Sarbanes-Oxley - Answer Made it a crime to defraud any person or to obtain any money or
property fraudulently in connection with any security of a public company
Mail/wire fraud falls into this and includes violation of the Securities and Exchange Act
Process to appoint someone to supreme court - Answer Nominated by the president
Senate Judiciary votes to send to full senate
Full senate votes for confirmation
Subject Matter Jurisdiction - Answer Authority of a court to decide a particular kind of case
Exclusive Federal Jurisdiction: Federal courts have sole jurisdiction over Federal crimes,
bankruptcy, antitrust, patent, trademark, copyright, and other specified cases
In personam jurisdiction - Answer Jurisdiction of a court over the parties to a lawsuit, in
contrast to jurisdiction of their property
A court obtains this jurisdiction by serving process on the party within the state in which the
court is located or by using the "Long-arm Statute"
Used to expand their jurisdictional reach beyond those persons who may be personally served
within the state.
Article 1 section 8 clause 3 - Answer Commerce Clause
What congress uses to pass the majority of bills
Specifically regulates interstate trade
Pleading / Default Judgement - Answer Pleadings are a series of responsive, formal, written
statements in which each side to a lawsuit states its claims and defenses. It's purpose is to give
notice and establish facts.
Default Judgement is one against a defendant who fails to respond to a complaint.
Summary Judgement is a final binding determination on the merits by the judge before a trial.
