BUL2241 Midterm Questions and
Answers.
Law - Answer Body of rules of action or conduct that has binding legal force.
Functions of the law - Answer 1. Keep peace. 2. Shape moral standards.
3. Promote social justice. 4. Maintain status quo
5. Facilitate orderly change 6. Facilitate planning
7. Provide a basis for compromise
8. Maximize individual freedom
Natural law school - Answer Law is based on what is "correct".
Emphasizes moral theory; law should be based on morals and ethics.
Historical school - Answer Law is an aggregate of social traditions and customs.
Analytical school - Answer Law is shaped by logic.
Sociological school - Answer Asserts that the law is a means of achieving and advancing
certain sociological goals.
Command school - Answer Believes the law is a set of rules developed, communicated, and
enforced by the ruling party.
Critical Legal Studies school - Answer Maintains legal rules are unnecessary and that legal
disputes should be solved by applying arbitrary rules based on fairness.
Law and Economics school - Answer Believes promoting market efficiency should be the
central concern of legal decision making.
Constitutions - Answer Establishes the federal govt and enumerates their powers.
Treaties - Answer The President, with advice and consent of Senate, can enter into treaties
with foreign countries.
Codified law - Answer Statutes enacted by federal govt and Congress.
,Ordinances - Answer Passed by municipalities and local govts. Establish courses of conduct
that must be followed.
Federalism - Answer Our country shares power between the 3 branches, creating the federal
government.
Sources of law in the US - Answer 1. Constitutions.
2. Treaties. 3. Codified law.
4. Administrative agency regulations and orders.
5. Executive orders. 6. Judicial decisions.
Docterine of Stare decisis - Answer Provides for the adherence to prevedent.
"to stand by the decision"
What is the purpose of the Constitution? - Answer 1. Establishes the 3 branches of
government.
2. Enmerates the powers each branch has.
3. Provides protections and guarantees freedoms.
Delegated powers - Answer AKA Enumerated powers.
Powers delegated to the branches of government by the Constitution.
Reserved powers - Answer Those powers not granted to the federal government are reserved
to the states.
3 Branches of government and their powers - Answer 1. Legislative - make the law. (Article I)
2. Executive - enforce the law. (Article II)
3. Judicial - interpret the law. (Article III)
Supremacy Clause - Answer The US Constitution, treaties and federal law
(statutes/regulations) are the supreme law of the land.
Commerce Clause - Answer Authorizes the federal government to regulate commerce with
foreign nations, among the states, and with Indian tribes.
, Interstate commerce - Answer Under the effects test; federal government may regulate any
activity (even intrastate commerce) that affects interstate commerce.
Any state or local law that causes an undue burden on interstate commerce is unconstitutional.
Bill of Rights - Answer First 10 amendments.
Establishes basic individual rights - 1791.
Freedom of Speech Clause - Answer 1st Amendment.
Guarantees government will not infringe on our right to speak (oral, written or symbolic
speech).
Fully protected speech - Answer Cannot be prohibited or regulated by the government.
Limited protected speech - Answer Subject to government time, place and manner
restrictions.
Offensive and Commercial speech.
Unprotected speech - Answer Includes:
Dangerous speech; Fighting words; Defamatory language; Child porn; Obscene speech; Speech
advocating the violent overthrow of the government.
Freedom of Religion - Answer 2 religion clauses in the 1st amendment:
1. Establishment clause (prohibits govt from establishing or promoting national religion).
2. Free Exercise clause (prohibits govt from interfering with free exercise of religion).
Equal Protection clause - Answer Prohibits govt from enacting laws that classify and treat
"similarly situated" persons differently.
Equal Protection clause "tests" - Answer 1. Strict scrutiny (applies to suspect classes/race,
national origin).
2. Intermediate scrutiny (applies to other protected classes/sex, age).
3. Rational basis test (applies to govt classifications not involving a suspect/protected class).
Due Process clause - Answer Provides that no person shall be deprived of "life, liberty or
property".
Substantive due process
Procedural due process
Answers.
Law - Answer Body of rules of action or conduct that has binding legal force.
Functions of the law - Answer 1. Keep peace. 2. Shape moral standards.
3. Promote social justice. 4. Maintain status quo
5. Facilitate orderly change 6. Facilitate planning
7. Provide a basis for compromise
8. Maximize individual freedom
Natural law school - Answer Law is based on what is "correct".
Emphasizes moral theory; law should be based on morals and ethics.
Historical school - Answer Law is an aggregate of social traditions and customs.
Analytical school - Answer Law is shaped by logic.
Sociological school - Answer Asserts that the law is a means of achieving and advancing
certain sociological goals.
Command school - Answer Believes the law is a set of rules developed, communicated, and
enforced by the ruling party.
Critical Legal Studies school - Answer Maintains legal rules are unnecessary and that legal
disputes should be solved by applying arbitrary rules based on fairness.
Law and Economics school - Answer Believes promoting market efficiency should be the
central concern of legal decision making.
Constitutions - Answer Establishes the federal govt and enumerates their powers.
Treaties - Answer The President, with advice and consent of Senate, can enter into treaties
with foreign countries.
Codified law - Answer Statutes enacted by federal govt and Congress.
,Ordinances - Answer Passed by municipalities and local govts. Establish courses of conduct
that must be followed.
Federalism - Answer Our country shares power between the 3 branches, creating the federal
government.
Sources of law in the US - Answer 1. Constitutions.
2. Treaties. 3. Codified law.
4. Administrative agency regulations and orders.
5. Executive orders. 6. Judicial decisions.
Docterine of Stare decisis - Answer Provides for the adherence to prevedent.
"to stand by the decision"
What is the purpose of the Constitution? - Answer 1. Establishes the 3 branches of
government.
2. Enmerates the powers each branch has.
3. Provides protections and guarantees freedoms.
Delegated powers - Answer AKA Enumerated powers.
Powers delegated to the branches of government by the Constitution.
Reserved powers - Answer Those powers not granted to the federal government are reserved
to the states.
3 Branches of government and their powers - Answer 1. Legislative - make the law. (Article I)
2. Executive - enforce the law. (Article II)
3. Judicial - interpret the law. (Article III)
Supremacy Clause - Answer The US Constitution, treaties and federal law
(statutes/regulations) are the supreme law of the land.
Commerce Clause - Answer Authorizes the federal government to regulate commerce with
foreign nations, among the states, and with Indian tribes.
, Interstate commerce - Answer Under the effects test; federal government may regulate any
activity (even intrastate commerce) that affects interstate commerce.
Any state or local law that causes an undue burden on interstate commerce is unconstitutional.
Bill of Rights - Answer First 10 amendments.
Establishes basic individual rights - 1791.
Freedom of Speech Clause - Answer 1st Amendment.
Guarantees government will not infringe on our right to speak (oral, written or symbolic
speech).
Fully protected speech - Answer Cannot be prohibited or regulated by the government.
Limited protected speech - Answer Subject to government time, place and manner
restrictions.
Offensive and Commercial speech.
Unprotected speech - Answer Includes:
Dangerous speech; Fighting words; Defamatory language; Child porn; Obscene speech; Speech
advocating the violent overthrow of the government.
Freedom of Religion - Answer 2 religion clauses in the 1st amendment:
1. Establishment clause (prohibits govt from establishing or promoting national religion).
2. Free Exercise clause (prohibits govt from interfering with free exercise of religion).
Equal Protection clause - Answer Prohibits govt from enacting laws that classify and treat
"similarly situated" persons differently.
Equal Protection clause "tests" - Answer 1. Strict scrutiny (applies to suspect classes/race,
national origin).
2. Intermediate scrutiny (applies to other protected classes/sex, age).
3. Rational basis test (applies to govt classifications not involving a suspect/protected class).
Due Process clause - Answer Provides that no person shall be deprived of "life, liberty or
property".
Substantive due process
Procedural due process
