USI BUSINESS LAW EXAM 2 CAROL JANSONS STUDY GUIDE 2026/2027 |
PRACTICE QUESTIONS, ANSWERS & COMPREHENSIVE BUSINESS LAW REVIEW
Common Law - ANS ✔✔Judge made law; sum of all cases decided by the appellate courts
stare decisis - ANS ✔✔let the decision stand
precedent - ANS ✔✔an earlier court decision that is regarded as an example or guide to be considered in
other cases.
Bystander rules - ANS ✔✔You have no duty to assist someone in peril unless you created the danger
special relation doctrine (bystander rule amended) - ANS ✔✔You have no duty to assist someone in peril
unless you have a special relation to them.
- Duty to assist a child
- Duty to assist a spouse
- Duty to assist an employee if you are an employer
Congress made up of - ANS ✔✔1. House of representatives ( 435)
2. Senate (100)
who can originate a statue - ANS ✔✔either house of congress
statute - ANS ✔✔also called a bill
Bills become laws by? - ANS ✔✔both houses have to pass the bill for it to become a law. Then it is sent
to the president to approve.
Veto - ANS ✔✔president rejects a bill
Why are bills proposed? - ANS ✔✔New issue- society finds new worry
unpopular judicial ruling- previous bill is miss used/ interpreted by lower courts and needs to be
amended
criminal law - citizens must know these rules in advance
Can Congress undo a court interpretation of constitution? - ANS ✔✔- Congress cannot undo a court
interpretation of the Constitution, but can undo a poor verdict based on a statute
Title IIV of the Civil Rights Act of 1964- presented by Kennedy - ANS ✔✔prohibits discrimination based
on race, sex, orientation, gender, disability.
Process of getting Title IIV of the Civil Rights Act of 1964 passed after president proposed it- - ANS ✔✔1.
House judiciary committee
2. Full House
3. Senate Judiciary
4. Full Senate
, 5. Conference Committee
6. house and Senate
7. President
What part of Title IIV of the Civil Rights Act of 1964 was amended in full senate- - ANS ✔✔Job test
amendment added- nothing in this statute is meant to prevent an employer from job aptitude testing if
the test is not based on discriminatory values
conference committee job- - ANS ✔✔Examine the difference between the initially proposed bill and the
new bill after it makes it through all houses in order to create a compromise between the two.
Parts of statutory interpretation - ANS ✔✔1. plain meaning
2. Legislative history and intent
3. Public policy
Plain meaning rule - ANS ✔✔statues words have an ordinary meaning in society they will be applied
Legislative History and Intent - ANS ✔✔If the language is unclear, the court must look deeper; propose a
question
Public policy - ANS ✔✔if legislation is unclear they rely on what is the best for society and the public.
Case examples of statutory interpretation - ANS ✔✔Ex: Griggs v Duke Power (1971); employees with
high school education, standardized test, Test has to be business related and a "business necessity"
Ex: Worlds Cove v Antonio (1989); (Changed standard from case above) the employer has to show its test
serves "Legitimate employment goals"
congressional override - ANS ✔✔power to pass legislation over a president's veto, 2/3 majority in both
houses after pres. veto.
Enabling Legislation - ANS ✔✔A statute enacted by Congress that authorizes the creation of an
administrative agency and specifies the name, composition, purpose, and powers of the agency being
created.
Agency Types - ANS ✔✔1. Executive agency
2. Independent agency
Executive agency - ANS ✔✔An administrative agency within the executive branch of government. At the
federal level, executive agencies are those within the cabinet departments (FBI,IRS: single head)
independent agency - ANS ✔✔federal board or commission that is not part of any cabinet department
(governing body not a single head)
Duty of agencies - ANS ✔✔to create new rules
to create a new rule is to - ANS ✔✔promulgate it
PRACTICE QUESTIONS, ANSWERS & COMPREHENSIVE BUSINESS LAW REVIEW
Common Law - ANS ✔✔Judge made law; sum of all cases decided by the appellate courts
stare decisis - ANS ✔✔let the decision stand
precedent - ANS ✔✔an earlier court decision that is regarded as an example or guide to be considered in
other cases.
Bystander rules - ANS ✔✔You have no duty to assist someone in peril unless you created the danger
special relation doctrine (bystander rule amended) - ANS ✔✔You have no duty to assist someone in peril
unless you have a special relation to them.
- Duty to assist a child
- Duty to assist a spouse
- Duty to assist an employee if you are an employer
Congress made up of - ANS ✔✔1. House of representatives ( 435)
2. Senate (100)
who can originate a statue - ANS ✔✔either house of congress
statute - ANS ✔✔also called a bill
Bills become laws by? - ANS ✔✔both houses have to pass the bill for it to become a law. Then it is sent
to the president to approve.
Veto - ANS ✔✔president rejects a bill
Why are bills proposed? - ANS ✔✔New issue- society finds new worry
unpopular judicial ruling- previous bill is miss used/ interpreted by lower courts and needs to be
amended
criminal law - citizens must know these rules in advance
Can Congress undo a court interpretation of constitution? - ANS ✔✔- Congress cannot undo a court
interpretation of the Constitution, but can undo a poor verdict based on a statute
Title IIV of the Civil Rights Act of 1964- presented by Kennedy - ANS ✔✔prohibits discrimination based
on race, sex, orientation, gender, disability.
Process of getting Title IIV of the Civil Rights Act of 1964 passed after president proposed it- - ANS ✔✔1.
House judiciary committee
2. Full House
3. Senate Judiciary
4. Full Senate
, 5. Conference Committee
6. house and Senate
7. President
What part of Title IIV of the Civil Rights Act of 1964 was amended in full senate- - ANS ✔✔Job test
amendment added- nothing in this statute is meant to prevent an employer from job aptitude testing if
the test is not based on discriminatory values
conference committee job- - ANS ✔✔Examine the difference between the initially proposed bill and the
new bill after it makes it through all houses in order to create a compromise between the two.
Parts of statutory interpretation - ANS ✔✔1. plain meaning
2. Legislative history and intent
3. Public policy
Plain meaning rule - ANS ✔✔statues words have an ordinary meaning in society they will be applied
Legislative History and Intent - ANS ✔✔If the language is unclear, the court must look deeper; propose a
question
Public policy - ANS ✔✔if legislation is unclear they rely on what is the best for society and the public.
Case examples of statutory interpretation - ANS ✔✔Ex: Griggs v Duke Power (1971); employees with
high school education, standardized test, Test has to be business related and a "business necessity"
Ex: Worlds Cove v Antonio (1989); (Changed standard from case above) the employer has to show its test
serves "Legitimate employment goals"
congressional override - ANS ✔✔power to pass legislation over a president's veto, 2/3 majority in both
houses after pres. veto.
Enabling Legislation - ANS ✔✔A statute enacted by Congress that authorizes the creation of an
administrative agency and specifies the name, composition, purpose, and powers of the agency being
created.
Agency Types - ANS ✔✔1. Executive agency
2. Independent agency
Executive agency - ANS ✔✔An administrative agency within the executive branch of government. At the
federal level, executive agencies are those within the cabinet departments (FBI,IRS: single head)
independent agency - ANS ✔✔federal board or commission that is not part of any cabinet department
(governing body not a single head)
Duty of agencies - ANS ✔✔to create new rules
to create a new rule is to - ANS ✔✔promulgate it
