BLAW 2200-Business Law Exam 1
KSU Questions with Complete
Solutions.
What is the law? - Answer Enforceable rules that govern two types of relationships among
individuals & rules that govern individuals & rules that govern individuals between individuals
and society.
Legal Philosophy - Answer Naturalist, Positivist, Raelist
Naturalist - Answer Thinks moral & ethical principles are inherent in human nature.
Positivist - Answer Believes that the law is created by a particular society at a particular point
in time.
Realist - Answer Focuses on judges and they believe judges are the keys to laws.
- Realists believe judges are influenced by their own beliefs and attitudes.
- They think they should follow precedent. "Stand on prior decisions.
- They think judges should use information from outside sources.
The common law tradition "case law" - Answer Precedent "stare decisis" - stand on prior
decisions.
Constitutional law - Answer Is the superior law "top dog". Three concepts
-Federalism
-The supremacy clause
-Judicial Review
Federalism - Answer States form a union, federalism means that power is shared. Power is
shared between the federal government and the states.
The Supremacy Clause - Answer If there is a direct conflict between a federal and state law,
the federal law always wins.
Preemption - Answer Gives the federal government the ability to "shut out" all lower forms
of government. Examples: nuclear, airspace.
,Judicial Review - Answer Courts are going to determine if the government's actions are
constitutional.
Separation of Powers - Answer Means "stay in your own lane". You can't do the job of the
other.
State Action - Answer You can only flex your constitutional right if the government is involved
in the lawsuit. (criminal cases always uses the constitution) (might be able to in civil court)
The Commerce Clause - Answer Conducting business (anything that has to do with business)
International doctors and treaties - Answer The second most powerful law.
Statutes and ordinances - Answer -Speed limits or drinking laws.
-You can grab a book and actually read the law.
Administrative Law - Answer Federal agencies, state and local agencies
Common law codes - Answer UCC, UCCC
Classifications of Law - Answer Substantive law
Percederial law
Public (criminal) law
Private (civil) law
Substantive law - Answer laws that define, describe, or create a right.
Persederial laws - Answer tells her how to enforce the right.
Public (criminal) Law - Answer rules that govern relationships between individuals and
society.
Private (civil) Law - Answer rules that govern relations between individuals.
Equity (weakest source of law) - Answer Means what's just and right
last-ditch effort.
, injunction - Answer order from a court saying "stop it".
Recission - Answer undo an agreement in a contract.
Specific Performance - Answer The court has ordered you to do what you promised to do.
You can only use this if the item or situation is unique. Usually it has to do with art or antiques.
Federal Fiscal powers - Answer Taxation - federal taxation must be uniform in every state.
Spending:
"Standing" - you must have a legal stake in that controversy.
"Immediate and direct injury" - you basically have to show you where affected.
Borrowing and coining money:
- National banking system
- Federal reserve
- National lending programs
- Eminent domain: the power of the government to take private property for public use upon
payment.
Contract clause - Answer It prohibits the government from retroactively modifying the terms
of an old contract.
The First Amendment (freedom of speech) - Answer It's not an absolute right to say whatever
you want and be protected. The government can regulate the time, manner, and place as long
as they do not show favoritism.
- Courts: they offer more protection for non-commercial speech than commercial speech
- Defamation: an intentional false communication that harms someone's reputation.
Due Process - Answer both substance and procedural must apply.
Substantive - focuses on the content of the law. Must be arbitrary and reasonable.
Procedural - means that the procedures must be fair. Before the government takes your life,
liberty, or property, you have the opportunity to be heard.
Equal Protection - Answer All people under the law are entitled to equal protection
(nondiscrimination).
KSU Questions with Complete
Solutions.
What is the law? - Answer Enforceable rules that govern two types of relationships among
individuals & rules that govern individuals & rules that govern individuals between individuals
and society.
Legal Philosophy - Answer Naturalist, Positivist, Raelist
Naturalist - Answer Thinks moral & ethical principles are inherent in human nature.
Positivist - Answer Believes that the law is created by a particular society at a particular point
in time.
Realist - Answer Focuses on judges and they believe judges are the keys to laws.
- Realists believe judges are influenced by their own beliefs and attitudes.
- They think they should follow precedent. "Stand on prior decisions.
- They think judges should use information from outside sources.
The common law tradition "case law" - Answer Precedent "stare decisis" - stand on prior
decisions.
Constitutional law - Answer Is the superior law "top dog". Three concepts
-Federalism
-The supremacy clause
-Judicial Review
Federalism - Answer States form a union, federalism means that power is shared. Power is
shared between the federal government and the states.
The Supremacy Clause - Answer If there is a direct conflict between a federal and state law,
the federal law always wins.
Preemption - Answer Gives the federal government the ability to "shut out" all lower forms
of government. Examples: nuclear, airspace.
,Judicial Review - Answer Courts are going to determine if the government's actions are
constitutional.
Separation of Powers - Answer Means "stay in your own lane". You can't do the job of the
other.
State Action - Answer You can only flex your constitutional right if the government is involved
in the lawsuit. (criminal cases always uses the constitution) (might be able to in civil court)
The Commerce Clause - Answer Conducting business (anything that has to do with business)
International doctors and treaties - Answer The second most powerful law.
Statutes and ordinances - Answer -Speed limits or drinking laws.
-You can grab a book and actually read the law.
Administrative Law - Answer Federal agencies, state and local agencies
Common law codes - Answer UCC, UCCC
Classifications of Law - Answer Substantive law
Percederial law
Public (criminal) law
Private (civil) law
Substantive law - Answer laws that define, describe, or create a right.
Persederial laws - Answer tells her how to enforce the right.
Public (criminal) Law - Answer rules that govern relationships between individuals and
society.
Private (civil) Law - Answer rules that govern relations between individuals.
Equity (weakest source of law) - Answer Means what's just and right
last-ditch effort.
, injunction - Answer order from a court saying "stop it".
Recission - Answer undo an agreement in a contract.
Specific Performance - Answer The court has ordered you to do what you promised to do.
You can only use this if the item or situation is unique. Usually it has to do with art or antiques.
Federal Fiscal powers - Answer Taxation - federal taxation must be uniform in every state.
Spending:
"Standing" - you must have a legal stake in that controversy.
"Immediate and direct injury" - you basically have to show you where affected.
Borrowing and coining money:
- National banking system
- Federal reserve
- National lending programs
- Eminent domain: the power of the government to take private property for public use upon
payment.
Contract clause - Answer It prohibits the government from retroactively modifying the terms
of an old contract.
The First Amendment (freedom of speech) - Answer It's not an absolute right to say whatever
you want and be protected. The government can regulate the time, manner, and place as long
as they do not show favoritism.
- Courts: they offer more protection for non-commercial speech than commercial speech
- Defamation: an intentional false communication that harms someone's reputation.
Due Process - Answer both substance and procedural must apply.
Substantive - focuses on the content of the law. Must be arbitrary and reasonable.
Procedural - means that the procedures must be fair. Before the government takes your life,
liberty, or property, you have the opportunity to be heard.
Equal Protection - Answer All people under the law are entitled to equal protection
(nondiscrimination).
