BUL 3130 EXAM 1 UPDATED ACTUAL QUESTIONS AND
CORRECT ANSWERS
Question:
1. The Science and Philosophy of the Law is commonly called
Jurisprudence Negligence Stare Decisis Contract
Answer:
Jurisprudence
Question:
2. The Purpose of the Law is
To impose a set of rules meant to subjugate the masses
Create a method for resolving disputes by providing a basis for deciding the legal interests and rights of the
parties
Provide for some system of order that defines rules of conduct and levies punishment or other
consequences for the violation of those rules
The two answers that do not involve subjugating the masses
Answer:
The two answers that do not involve subjugating the masses
Question:
3. Which of the following is not a benefit of legal awareness for business owners:
Permits a business to pay more taxes than is legally required Permits proactive business planning Adds
value and a competitive edge Empowers Managers to learn how to limit liability
Answer:
Permits a business to pay more taxes than is legally required
Question:
4. All of the following are examples of sources of Florida law except The Common Law Florida Statues
The US Constitution English Common law after 1776
Answer:
English Common law after 1776
Question:
5. Under the concept of Stare Decisis Prior court precedential court decisions must be followed even
though a later court finds the result to be manifestly absurd or unjust
Even later legislation cannot modify the results of future cases were precedent has been established
Prior Court Decisions from courts of Appeal in the same jurisdiction are considered precedent and
generally must be followed
Prior Court decisions covering the same facts are precedential can never be decided in any other way.
Answer:
Prior Court Decisions from courts of Appeal in the same jurisdiction are considered precedent and
generally must be followed
,Question:
6. Which of the following is not true
We use the terms law and equity when describing the appropriate measure of judicial action intended to
compensate an injured party in a civil lawsuit
A plaintiff is not required to plead the remedy they seek from the court and generally relies on the court to
establish the appropriate remedy
• Remedies "at law" generally take the form of money damages
Equitable Remedies or Relief generally include injunction, restitution, specific performance and other
appropriate remedies.
Answer:
A plaintiff is not required to plead the remedy they seek from the court and generally relies on the court to
establish the appropriate remedy
Question:
7. The Role of Legal Counsel in the business decision-making process is
Assist clients to understand their legal rights and consequences of their actions in a business environment.
To impede business transactions by making managers second guess their decisions
To gum up the works
To Cause unnecessary budgetary leakage through over-billing
Answer:
Assist clients to understand their legal rights and consequences of their actions in a business environment.
Question:
8. Courts routinely question and overturn administrative-agency decisions involving how and when an
agency enforces a regulation T/F?
Answer:
False
Question:
9. Equitable remedies are available to compensate inured parties in both civil and criminal lawsuits T/F?
Answer:
False
Question:
10. According to the text, which of the following does the system of law in the United States provide for?
Good Faith Dealings between Merchants and Consumers Consistency Equality All of the Above
Answer:
All of the above
Question:
11. Which of the following is true regarding federal powers under the US Constitution They are limited an
inherent They are unlimited and inherent They are unlimited and granted They are limited and Granted
Answer:
They are limited and Granted
, Question:
12. Judicial review is best represented by which of the following hypotheticals?
Laura, a federal appellate court judge, is researching the language of a statute to determine if it is
unconstitutional
Sanford, a member of the U.S House of Representatives, is currently reviewing legislation that would
create a new federal court in Washington, D.C
All of the answer choices represent the application of judicial review
Alisha, an attorney for a civil litigant, is asking the judge to review the legal documents that her opponent
wants to submit as evidence because Alisha believes they should be inadmissible
Answer:
Laura, a federal appellate court judge, is researching the language of a statute to determine if it is
unconstitutional
Question:
13. Act Now!, an organization devoted to voting rights, applied for a permit to protest the closing of
polling places in poor neighborhoods. Genevieve, the head of the organization, wanted the protest to be on
the lawn of the county courthouse. The county denied the permit on grounds that it would prevent people
from accessing the courthouse. If Act Now! challenges this action in court, it will be reviewed by the judge
using
rational basis scrutiny None is required under the facts Strict Scrutiny Intermediate Scrutiny
Answer:
Intermediate Scrutiny
Question:
14. The Supremacy Clause holds that
state law and federal law are coequal under states' rights theory federal law and state law can coexist while
in conflict federal law trumps state law if there is a conflict state law trumps federal law if there is a
conflict
Answer:
federal law trumps state law if there is a conflict
Question:
15. The state of Massachusetts passed a law requiring all commercial trucks driving on Massachusetts
highways to install special pollution scrubbers on their exhausts. These devices cost $1,500 per truck and
any truck entering the state must have the scrubber installed or the driver is subject to a large fine.
Massachusetts has justified this regulation on grounds of air quality health for residents and alleviation of
global warming. This Massachusetts law
is invalid because, although on its face it's an intrastate law, this statute will have a significant economic
effect on interstate commerce, causing an undue burden
is valid because it applies only to Massachusetts roads and such a law is entirely intrastate
is invalid because this law is intended to regulate interstate commerce, an enumerated federal power.
is valid because Massachusetts's right to protect its citizens under its police powers will override any
outside challenges to this law
Answer:
is invalid because, although on its face it's an intrastate law, this statute will have a significant economic
effect on interstate commerce, causing an undue burden
CORRECT ANSWERS
Question:
1. The Science and Philosophy of the Law is commonly called
Jurisprudence Negligence Stare Decisis Contract
Answer:
Jurisprudence
Question:
2. The Purpose of the Law is
To impose a set of rules meant to subjugate the masses
Create a method for resolving disputes by providing a basis for deciding the legal interests and rights of the
parties
Provide for some system of order that defines rules of conduct and levies punishment or other
consequences for the violation of those rules
The two answers that do not involve subjugating the masses
Answer:
The two answers that do not involve subjugating the masses
Question:
3. Which of the following is not a benefit of legal awareness for business owners:
Permits a business to pay more taxes than is legally required Permits proactive business planning Adds
value and a competitive edge Empowers Managers to learn how to limit liability
Answer:
Permits a business to pay more taxes than is legally required
Question:
4. All of the following are examples of sources of Florida law except The Common Law Florida Statues
The US Constitution English Common law after 1776
Answer:
English Common law after 1776
Question:
5. Under the concept of Stare Decisis Prior court precedential court decisions must be followed even
though a later court finds the result to be manifestly absurd or unjust
Even later legislation cannot modify the results of future cases were precedent has been established
Prior Court Decisions from courts of Appeal in the same jurisdiction are considered precedent and
generally must be followed
Prior Court decisions covering the same facts are precedential can never be decided in any other way.
Answer:
Prior Court Decisions from courts of Appeal in the same jurisdiction are considered precedent and
generally must be followed
,Question:
6. Which of the following is not true
We use the terms law and equity when describing the appropriate measure of judicial action intended to
compensate an injured party in a civil lawsuit
A plaintiff is not required to plead the remedy they seek from the court and generally relies on the court to
establish the appropriate remedy
• Remedies "at law" generally take the form of money damages
Equitable Remedies or Relief generally include injunction, restitution, specific performance and other
appropriate remedies.
Answer:
A plaintiff is not required to plead the remedy they seek from the court and generally relies on the court to
establish the appropriate remedy
Question:
7. The Role of Legal Counsel in the business decision-making process is
Assist clients to understand their legal rights and consequences of their actions in a business environment.
To impede business transactions by making managers second guess their decisions
To gum up the works
To Cause unnecessary budgetary leakage through over-billing
Answer:
Assist clients to understand their legal rights and consequences of their actions in a business environment.
Question:
8. Courts routinely question and overturn administrative-agency decisions involving how and when an
agency enforces a regulation T/F?
Answer:
False
Question:
9. Equitable remedies are available to compensate inured parties in both civil and criminal lawsuits T/F?
Answer:
False
Question:
10. According to the text, which of the following does the system of law in the United States provide for?
Good Faith Dealings between Merchants and Consumers Consistency Equality All of the Above
Answer:
All of the above
Question:
11. Which of the following is true regarding federal powers under the US Constitution They are limited an
inherent They are unlimited and inherent They are unlimited and granted They are limited and Granted
Answer:
They are limited and Granted
, Question:
12. Judicial review is best represented by which of the following hypotheticals?
Laura, a federal appellate court judge, is researching the language of a statute to determine if it is
unconstitutional
Sanford, a member of the U.S House of Representatives, is currently reviewing legislation that would
create a new federal court in Washington, D.C
All of the answer choices represent the application of judicial review
Alisha, an attorney for a civil litigant, is asking the judge to review the legal documents that her opponent
wants to submit as evidence because Alisha believes they should be inadmissible
Answer:
Laura, a federal appellate court judge, is researching the language of a statute to determine if it is
unconstitutional
Question:
13. Act Now!, an organization devoted to voting rights, applied for a permit to protest the closing of
polling places in poor neighborhoods. Genevieve, the head of the organization, wanted the protest to be on
the lawn of the county courthouse. The county denied the permit on grounds that it would prevent people
from accessing the courthouse. If Act Now! challenges this action in court, it will be reviewed by the judge
using
rational basis scrutiny None is required under the facts Strict Scrutiny Intermediate Scrutiny
Answer:
Intermediate Scrutiny
Question:
14. The Supremacy Clause holds that
state law and federal law are coequal under states' rights theory federal law and state law can coexist while
in conflict federal law trumps state law if there is a conflict state law trumps federal law if there is a
conflict
Answer:
federal law trumps state law if there is a conflict
Question:
15. The state of Massachusetts passed a law requiring all commercial trucks driving on Massachusetts
highways to install special pollution scrubbers on their exhausts. These devices cost $1,500 per truck and
any truck entering the state must have the scrubber installed or the driver is subject to a large fine.
Massachusetts has justified this regulation on grounds of air quality health for residents and alleviation of
global warming. This Massachusetts law
is invalid because, although on its face it's an intrastate law, this statute will have a significant economic
effect on interstate commerce, causing an undue burden
is valid because it applies only to Massachusetts roads and such a law is entirely intrastate
is invalid because this law is intended to regulate interstate commerce, an enumerated federal power.
is valid because Massachusetts's right to protect its citizens under its police powers will override any
outside challenges to this law
Answer:
is invalid because, although on its face it's an intrastate law, this statute will have a significant economic
effect on interstate commerce, causing an undue burden
