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BUL 3130 COMPREHENSIVE QUESTIONS AND ANSWERS SET A.pdf

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BUL 3130 COMPREHENSIVE QUESTIONS AND
ANSWERS SET A+
=
✔✔US Supreme Court justices are appointed by the president and then affirmed every
four years by a vote of the general population. - ✔✔False

They are appointed by the president and confirmed by the Senate

✔✔A federal question case arises under the US Constitution, treaties, or federal
statutes and regulations. - ✔✔True

Jurisdiction of the federal courts.

✔✔In order to bring a lawsuit a plaintiff must have a stake in the outcome referred to as
the proper venue - ✔✔False

Venue is the proper location for the suit

Standing to Sue is when the plaintiff has a stake in the outcome.

✔✔In personom jurisdiction means the court has jurisdiction over the _________. -
✔✔person

✔✔The landmark case of International Shoe sets the legal standards for -
✔✔establishes the minimum contacts standard and proper application of the long arm
statute.

✔✔The case of Zippo Manufacturing is important as it establishes - ✔✔An important
case that established a test for determining when a court has jurisdiction over the owner
or operator of an interactive, semi-interactive, or passive website.

, ✔✔OSHA - The Occupational Health and Safety Administration is an example of a state
administrative agency. - ✔✔False

OSHA is a federal administrative agency

The federal Occupational Health and Safety Administration, enforces safety and health
standards for the workplaces of most industries and businesses in the country.

✔✔Treaty - ✔✔A compact made between or more nations.

U.S. Constitution provides that the president, with the advice and consent of two-thirds
of the Senate, may enter into treaties with foreign governments.

Treaties become part of the supreme law of the land.

✔✔Ordinance - ✔✔Law enacted by local government bodies, such as cities and
municipalities, counties, school districts, and water districts.

✔✔Judicial decision/opinion - ✔✔A decision about an individual lawsuit issued by a
federal or state court.

these are written opinions, a judge or justice usual explains the legal reasoning used to
decide the case.

These opinions often include interpretations of statues, ordinances, and administrative
regulations and the announcement of legal principles used to decide the case.

✔✔The priority of the law in the United States - ✔✔The U.S. Constitution and treaties
take precedence over all other laws in the United States. Federal statutes take
precedence over federal regulations. Valid federal law takes precedence over any
conflicting state or local law. State constitutions rank as the highest state law. State
statutes take precedence over state regulations. Valid state law take precedence over
local laws.

✔✔State Courts of limited jurisidiction - ✔✔traffic courts
juvenile courts
justice-of-the-peace courts
probate courts
family law courts
courts that hear misdemeanor criminal law cases

✔✔Function of highest state court - ✔✔It hears appeals from intermediate appellate
state courts ad certain trial courts. No new evidence or testimony is heard. Called the
state supreme court.

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