BUL - 2241 Midterm Study Guide
Questions All Solved.
The holding in the case of Brown vs Board of Education dealt with _______________________ -
Answer Separate but equal educational opportunities. (Page 5- the justices ruled that the
doctrine of separate but equal had no place in our education system)
English common law was law developed by judges who issued their opinions when deciding
cases T/F - Answer True (Page 9- the principles announced in these cases became
precedents)
The Federal Statutes are the supreme law of the land T/F - Answer False (Page 11- The
Constitution is the Supreme Law of the land)
Executive orders are passed by the state and federal legislatures T/F - Answer False (Page 13
Executive orders are passed by the executive branch- governors and the President)
The doctrine of stare decisis - Answer is based on common law tradition, works with case law
decided by judges, and creates consistency through the use of precedents.
Valid federal laws take precedence over any conflicting state or local laws T/F - Answer True
(page 15- federal pre-emption doctrine)
Federal Preemption - Answer a principle asserting the supremacy of federal legislation over
state legislation when both pertain to the same matter
Congress is empowered by the Commerce Clause of the Constitution to enact federal statutes to
regulate foreign, but not interstate, commerce. T/F - Answer False (Congress is empowered
by the Commerce Clause to regulate foreign and interstate commerce.)
Commerce Clause - Answer Clause stating that Congress can regulate interstate and
international commerce.
There are two major court systems in the United States the federal court and the bankruptcy
courts T/F - Answer False (Page 37- the two major courts are the federal court and the state
courts in the 50 different states)
US District Courts are trial courts and the US courts of Appeals hear appeals from the US District
Courts - Answer True
, US Supreme Court justices are appointed by the president and then affirmed every 4 years by a
vote of the general population T/F - Answer False (Page 44- they are appointed by the
president and confirmed by the Senate)
Courts of Limited Jurisdiction include - Answer US Tax Court, US Bankruptcy Court, and Court
of International Trade
A federal question case arises under the US Constitution, treaties, or federal statutes and
regulations - Answer True (Page 47- jurisdiction of the federal courts)
Jurisdiction of Federal Courts - Answer *Cases involving federal law
*Cases involving treaties U.S. has ratified
*Cases involving interpretation of the U.S. Constitution
Offensive speech and obscene speech are the same. T/F - Answer False
Obscene Speech is protected. - Answer False
The Horne case deals with - Answer Governmental takings. At the time it was about Corn
Which of the following is a standard of constitutional review? - Answer Rational Basis Test,
Intermediate Scrutiny, and Intense Scrutiny
rational basis test - Answer The lowest-level standard used by the Supreme Court to
determine whether a law is compatible with the Constitution. A law subject to this standard is
assumed to be constitutional as long as its goals are clearly linked to its means.
Intermediate Scrutiny Test - Answer The middle level of scrutiny the courts use when
determining whether unequal treatment is justified by the effect of a law; this is the standard
used for gender-based discrimination cases and for many cases based on sexual orientation.
OSHA - the Occupational Health and Safety Administration is an example of a state
administrative agency T/F - Answer False (page 56- OSHA is a federal administrative agency)
Businesses that are organized in the United States are subject to its laws, but not to the laws of
other countries in which they do business. T/F - Answer False
Questions All Solved.
The holding in the case of Brown vs Board of Education dealt with _______________________ -
Answer Separate but equal educational opportunities. (Page 5- the justices ruled that the
doctrine of separate but equal had no place in our education system)
English common law was law developed by judges who issued their opinions when deciding
cases T/F - Answer True (Page 9- the principles announced in these cases became
precedents)
The Federal Statutes are the supreme law of the land T/F - Answer False (Page 11- The
Constitution is the Supreme Law of the land)
Executive orders are passed by the state and federal legislatures T/F - Answer False (Page 13
Executive orders are passed by the executive branch- governors and the President)
The doctrine of stare decisis - Answer is based on common law tradition, works with case law
decided by judges, and creates consistency through the use of precedents.
Valid federal laws take precedence over any conflicting state or local laws T/F - Answer True
(page 15- federal pre-emption doctrine)
Federal Preemption - Answer a principle asserting the supremacy of federal legislation over
state legislation when both pertain to the same matter
Congress is empowered by the Commerce Clause of the Constitution to enact federal statutes to
regulate foreign, but not interstate, commerce. T/F - Answer False (Congress is empowered
by the Commerce Clause to regulate foreign and interstate commerce.)
Commerce Clause - Answer Clause stating that Congress can regulate interstate and
international commerce.
There are two major court systems in the United States the federal court and the bankruptcy
courts T/F - Answer False (Page 37- the two major courts are the federal court and the state
courts in the 50 different states)
US District Courts are trial courts and the US courts of Appeals hear appeals from the US District
Courts - Answer True
, US Supreme Court justices are appointed by the president and then affirmed every 4 years by a
vote of the general population T/F - Answer False (Page 44- they are appointed by the
president and confirmed by the Senate)
Courts of Limited Jurisdiction include - Answer US Tax Court, US Bankruptcy Court, and Court
of International Trade
A federal question case arises under the US Constitution, treaties, or federal statutes and
regulations - Answer True (Page 47- jurisdiction of the federal courts)
Jurisdiction of Federal Courts - Answer *Cases involving federal law
*Cases involving treaties U.S. has ratified
*Cases involving interpretation of the U.S. Constitution
Offensive speech and obscene speech are the same. T/F - Answer False
Obscene Speech is protected. - Answer False
The Horne case deals with - Answer Governmental takings. At the time it was about Corn
Which of the following is a standard of constitutional review? - Answer Rational Basis Test,
Intermediate Scrutiny, and Intense Scrutiny
rational basis test - Answer The lowest-level standard used by the Supreme Court to
determine whether a law is compatible with the Constitution. A law subject to this standard is
assumed to be constitutional as long as its goals are clearly linked to its means.
Intermediate Scrutiny Test - Answer The middle level of scrutiny the courts use when
determining whether unequal treatment is justified by the effect of a law; this is the standard
used for gender-based discrimination cases and for many cases based on sexual orientation.
OSHA - the Occupational Health and Safety Administration is an example of a state
administrative agency T/F - Answer False (page 56- OSHA is a federal administrative agency)
Businesses that are organized in the United States are subject to its laws, but not to the laws of
other countries in which they do business. T/F - Answer False
