BUL 3130 MIDTERM EXAM QUESTIONS WITH VERIFIED SOLUTIONS LATEST UPDATE 2026

BUL 3130 MIDTERM EXAM QUESTIONS WITH VERIFIED SOLUTIONS LATEST UPDATE 2026 Definition of the "law" - Answers That which must be obeyed and followed by citizens, subject to sanctions or legal consequences; a body of rules of action or conduct prescribed by controlling authority and having binding legal force. General functions of the law include: - Answers Keeping the peace Shaping moral standards Promoting Social Justice Maintaining the Status Quo Facilitating orderly change Facilitating Planning Providing a basis for compromise Maximizing Individual freedom The US legal system is one of the most comprehensive fair and socialistic systems of law ever developed and enforced. - Answers False The US system of the law evolves and changes alone with the norms of society, technology and the growth and expansion of ________ in the US and the world. - Answers Commerce Expansion of commerce can cause new laws to emerge Plessy v. Ferguson - Answers Court case that was overturned in the case of Brown v. Board of Education. The case of Brown vs. Board of Education dealt with ________ - Answers Separate but equal educational opportunities. English common law was law developed by judges who issued their opinions when deciding cases. - Answers True Federal Statutes are the supreme law of the land - Answers False Constitution of the United States of America - Answers The supreme law of the land. Executive orders are passed by the state and federal legislatures. - Answers False Executive orders are passed by the executive branch The doctrine of stare decisis - Answers Is based on common law tradition, works with case law decided by judges, creates consistency through the use of precedents. The concept of flexibility in the law - Answers U.S. law evolves and changes along with the norms of society, technology, and the growth and expansion of commerce in the United States and the world. Valid federal laws take precedence over any conflicting state or local laws. - Answers True Federal pre-emption doctrine IRAC is a method used to examine legal cases - Answers True Issues Rule of law Analysis of rationale Conclusion; legal There are two major court systems in the United States the federal court and the bankruptcy courts. - Answers False 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 from the US District Courts - Answers True US Supreme Court justices are appointed by the president and then affirmed every four years by a vote of the general population. - Answers 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. - Answers 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 - Answers 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 _________. - Answers person The landmark case of International Shoe sets the legal standards for - Answers establishes the minimum contacts standard and proper application of the long arm statute. The case of Zippo Manufacturing is important as it establishes - Answers 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. - Answers 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 - Answers 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 - Answers Law enacted by local government bodies, such as cities and municipalities, counties, school districts, and water districts. Judicial decision/opinion - Answers 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 - Answers 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 - Answers 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 - Answers It hears appeals from intermediate appellate state courts ad certain trial courts. No new evidence or testimony is heard. Called the state supreme court. Where does the authority for the federal court system derive from? - Answers Article III of the U.S. Constitution provides that the federal government's judicial power is vested in one "Supreme Court." United States District Court - Answers The federal court system's trial courts of general jurisdiction. Petition for certiorari - Answers A petition asking the Supreme Court to hear a case Unanimous Supreme Court decision - Answers If all the justices voting agree as to the outcome and reasoning used to decide a case. Majority decision - Answers If a majority of the justices agree as to the outcome and reasoning used to decided a case. Plurality decision - Answers If a majority of the justices agree as to the outcome of the case but not as to the reasoning for reaching the outcome. When does a justice write a concurring opinion? - Answers When a justice agrees with the outcome of a case but not the reason proffered by other justices. He writes a concurring opinion that sets forth his or her reasons for deciding the case. What is a dissenting opinion - Answers Is when a justice does not agree with a decision, this opinion sets forth the reasons for his or her dissent. What is the effect of a tie decision in the Supreme Court? - Answers The lower court decision is affirmed. Such votes are not precedent for later cases. Federal Courts have exclusive jurisdiction to hear cases involving? - Answers federal crimes, antitrust, bankruptcy, patent and copyright, suits against the United States, and most admiralty cases. In a diversity of citizenship case, what is the minimum dollar amount at stake? - Answers 75,000 Jurisdiction of Federal Courts - Answers federal question, diversity of citizenship Federal question - Answers Cases arising under the U.S. Constitution, treaties, and federal statutes and regulations. There is no-dollar amount limit for federal question cases that can be brought in federal court. Diversity of citizenship - Answers Cases between citizens of different states or between a citizen of a state and a citizen or subject of a foreign country. Federal courts must apply the appropriate state law in such cases. the controversy must exceed the dollar limit of $75,000 for the federal court to hear the case. Standing to sue - Answers Having some stake in the outcome of a lawsuit. in personam jurisdiction - Answers jurisdiction over the parties to a lawsuit