©BRIGHTSTARS EXAM SOLUTIONS
11/14/2024 12:19 PM
BMGT 380, Exam 1 Questions With Verified
Answers
Sources of Law - answer✔Constitutional, Statutory, Administrative, Common
Constitutional Law - answer✔law that involves the interpretation and application of the U.S.
Constitution and state constitutions
Statutory Law - answer✔Law passed by the U.S. Congress or state legislatures,
statues - answer✔Laws enacted by the legislative branch of a government (federal)
ordinances - answer✔a piece of legislation enacted by a municipal authority (local)
Common Law - answer✔judge-made law grounded in tradition and previous judicial decisions,
instead of in written law - torts
administrative law - answer✔the body of law that regulates the operation and procedures of
government agencies.
priority law - federal defeats state law - answer✔true
priority law - constitutions defeat all other laws - answer✔true
priority law - statutes defeat all other laws that depend on legislative delegation - answer✔true
priority law - statutes (and laws derived from them by delegates) defeat common law rules -
answer✔true
classifications of law - answer✔civil and criminal
Law of Equity - answer✔A system of deciding cases in which judges use their wisdom and
experience to determine the fairest course of action for not only the parties involved but also
society as a whole. makes sure people don't take advantage of laws
criminal law - answer✔crime against the govt., punishment is prison
civil law - answer✔crime against another person, punishment is paying money
1|Page
, ©BRIGHTSTARS EXAM SOLUTIONS
11/14/2024 12:19 PM
fines vs. damage - answer✔criminal is a fine. civil is damages
Substantive law - answer✔creates, defines, and regulates legal rights and duties
liable vs. guilty - answer✔civil cases you're liable. criminal cases you're guilty
public law - answer✔the law of relationships between individuals and the government.
private law - answer✔regulates disputes between private individuals or groups
functions of law - answer✔Peacekeeping, checking government power and promoting personal
freedom and facilitating planning and realizations of reasonable expectations
legal reasoning - answer✔The process of reasoning by which a judge harmonizes his or her
decision with the judicial decisions of previous cases.
Types of legal argument - answer✔Textualism, Originalism, Precedent, Tradition, Policy
text - answer✔legal text, only the text, subjectivity
intent - answer✔what the text meant to those who enacted it, reference about intent of those
who created the text, popular will
precedent - answer✔judicial opinions, cases, stability
tradition - answer✔community customs, historical beliefs and behavior, social cohesion
policy - answer✔interpret the law according to the purpose of the law. purpose(s), any fact
worthy of judicial notice, flexibility
stare decisis - answer✔stand by the decision
similar - answer✔facts
same cases - answer✔varies (policy)
trial --> int. court of appeal --> supreme court - answer✔true
Briefing a case - answer✔facts, procedural history, issues (question form), holding (answers for
the issues), reasons, result
Persuasive Authority - answer✔Any legal authority or source of law that a court may look to for
guidance but need not follow when making its decision.
affirm - answer✔An act by one court to agree with and confirm a lower court's decision
2|Page
11/14/2024 12:19 PM
BMGT 380, Exam 1 Questions With Verified
Answers
Sources of Law - answer✔Constitutional, Statutory, Administrative, Common
Constitutional Law - answer✔law that involves the interpretation and application of the U.S.
Constitution and state constitutions
Statutory Law - answer✔Law passed by the U.S. Congress or state legislatures,
statues - answer✔Laws enacted by the legislative branch of a government (federal)
ordinances - answer✔a piece of legislation enacted by a municipal authority (local)
Common Law - answer✔judge-made law grounded in tradition and previous judicial decisions,
instead of in written law - torts
administrative law - answer✔the body of law that regulates the operation and procedures of
government agencies.
priority law - federal defeats state law - answer✔true
priority law - constitutions defeat all other laws - answer✔true
priority law - statutes defeat all other laws that depend on legislative delegation - answer✔true
priority law - statutes (and laws derived from them by delegates) defeat common law rules -
answer✔true
classifications of law - answer✔civil and criminal
Law of Equity - answer✔A system of deciding cases in which judges use their wisdom and
experience to determine the fairest course of action for not only the parties involved but also
society as a whole. makes sure people don't take advantage of laws
criminal law - answer✔crime against the govt., punishment is prison
civil law - answer✔crime against another person, punishment is paying money
1|Page
, ©BRIGHTSTARS EXAM SOLUTIONS
11/14/2024 12:19 PM
fines vs. damage - answer✔criminal is a fine. civil is damages
Substantive law - answer✔creates, defines, and regulates legal rights and duties
liable vs. guilty - answer✔civil cases you're liable. criminal cases you're guilty
public law - answer✔the law of relationships between individuals and the government.
private law - answer✔regulates disputes between private individuals or groups
functions of law - answer✔Peacekeeping, checking government power and promoting personal
freedom and facilitating planning and realizations of reasonable expectations
legal reasoning - answer✔The process of reasoning by which a judge harmonizes his or her
decision with the judicial decisions of previous cases.
Types of legal argument - answer✔Textualism, Originalism, Precedent, Tradition, Policy
text - answer✔legal text, only the text, subjectivity
intent - answer✔what the text meant to those who enacted it, reference about intent of those
who created the text, popular will
precedent - answer✔judicial opinions, cases, stability
tradition - answer✔community customs, historical beliefs and behavior, social cohesion
policy - answer✔interpret the law according to the purpose of the law. purpose(s), any fact
worthy of judicial notice, flexibility
stare decisis - answer✔stand by the decision
similar - answer✔facts
same cases - answer✔varies (policy)
trial --> int. court of appeal --> supreme court - answer✔true
Briefing a case - answer✔facts, procedural history, issues (question form), holding (answers for
the issues), reasons, result
Persuasive Authority - answer✔Any legal authority or source of law that a court may look to for
guidance but need not follow when making its decision.
affirm - answer✔An act by one court to agree with and confirm a lower court's decision
2|Page
