BLAW 3310 Exam 1 UPDATED ACTUAL
Questions and CORRECT Answers
Law - CORRECT ANSWER - enforceable rules of conduct set forth by a government to be
followed by the citizens of the society
Stability - CORRECT ANSWER - the legal system helps define acceptable behavior. The law
limits activities that hurt the public interest. The law can also require or encourage business
practices that further social or political goals
Predictability - CORRECT ANSWER - law provides predictability and uniformity
Social Change - CORRECT ANSWER - the legal system provides a way to bring about
changes in "acceptable" behavior
-Plessy v. Ferguson (1896): state racial segregation for public facilities legal under "separate buy
equal"
-Brown v. Board of Education (1954): state laws establishing racial segregation in public school
is unconstitutional
Conflict Resolution - CORRECT ANSWER - a critical function of the law is dispute
resolution
-Court system (formal process)
Constitution - CORRECT ANSWER - the fundamental law of a nation; written document (not
always written) establishing the powers of government and its basic structure
U.S. Constitution - CORRECT ANSWER - sets framework, powers and limits of federal
government (3 branches of government)
Legislative Branch - CORRECT ANSWER - Congress (House and Senate); makes the laws
,Executive Branch - CORRECT ANSWER - President and his cabinet; implements the laws
(executive orders)
Judicial Branch - CORRECT ANSWER - Supreme Court; interpret the laws
Statutes - CORRECT ANSWER - rules made by legislative bodies; written by legislative,
signed into by executive; typically commands or prohibits something, or declares policy (affects
business behavior)
Administrative Agencies - CORRECT ANSWER - a governmental bureau established by
Congress (or the President) to execute certain functions of Congress
Common Law - CORRECT ANSWER - law made and applied by judges as they resolve
disputes among private parties; foundation of agency (employment), contact, property, and tort
law
Legal Precedent - CORRECT ANSWER - to settle disputes that are similar to past disputes,
judges look for guidance by studying decisions form earlier recorded cases
Stare Decisis - CORRECT ANSWER - "to stand on decided cases"; the use of precedent by
courts
Criminal Law - CORRECT ANSWER - concern legal wrongs or crimes committed against
the state (Felony or Misdemeanor)
Felony - CORRECT ANSWER - serious class crime punishable by imprisonment of more
than a year
Misdemeanor - CORRECT ANSWER - lesser class crime punishable by a fine and/or
imprisonment of less than a year (not in state or federal penitentiaries)
, Beyond a Reasonable Doubt - CORRECT ANSWER - in criminal law, the general rule that
for a judge to find a defendant guilty, there can be no significant doubt that the defendant
violated a criminal statute (higher standard of proof); jail time
Civil Law - CORRECT ANSWER - concerns the rights and responsibilities that exist among
members of society or between individuals and the government in non-criminal matters
Preponderance of the Evidence - CORRECT ANSWER - in civil trials, the burden of
persuasion to win a verdict requires that the plaintiff prove its claim by having the majority
(51%) or bulk of the evidence on its side (lesser burden of proof); monetary fines
OJ Simpson Murder Case - CORRECT ANSWER - example of beyond a reasonable doubt
(not guilty) and preponderance of the evidence (guilty)
Federal Judges - CORRECT ANSWER - nominated by the President and confirmed by a
majority vote in the U.S. Senate; lifetime appointment; only removed by impeachment
State Judges - CORRECT ANSWER - elected, appointed or chosen by a method that mixes
the two; serves for a fixed term and forced to re-run
Doctrine of Judicial Immunity - CORRECT ANSWER - a judge is immune from suit for
damages for judiciary acts
Original Jurisdiction - CORRECT ANSWER - power of the court to take a lawsuit at its
beginning, try it, and pass judgment upon the law and facts ; disputes first brought and tried
Appellate Jurisdiction - CORRECT ANSWER - power of a court to revise or correct the
proceedings in a case already acted upon by a lower court or administrative agency
Federal Court System - CORRECT ANSWER - Federal District Courts - Federal Appellate
Courts - U.S. Supreme Court; Bankruptcy Court
Questions and CORRECT Answers
Law - CORRECT ANSWER - enforceable rules of conduct set forth by a government to be
followed by the citizens of the society
Stability - CORRECT ANSWER - the legal system helps define acceptable behavior. The law
limits activities that hurt the public interest. The law can also require or encourage business
practices that further social or political goals
Predictability - CORRECT ANSWER - law provides predictability and uniformity
Social Change - CORRECT ANSWER - the legal system provides a way to bring about
changes in "acceptable" behavior
-Plessy v. Ferguson (1896): state racial segregation for public facilities legal under "separate buy
equal"
-Brown v. Board of Education (1954): state laws establishing racial segregation in public school
is unconstitutional
Conflict Resolution - CORRECT ANSWER - a critical function of the law is dispute
resolution
-Court system (formal process)
Constitution - CORRECT ANSWER - the fundamental law of a nation; written document (not
always written) establishing the powers of government and its basic structure
U.S. Constitution - CORRECT ANSWER - sets framework, powers and limits of federal
government (3 branches of government)
Legislative Branch - CORRECT ANSWER - Congress (House and Senate); makes the laws
,Executive Branch - CORRECT ANSWER - President and his cabinet; implements the laws
(executive orders)
Judicial Branch - CORRECT ANSWER - Supreme Court; interpret the laws
Statutes - CORRECT ANSWER - rules made by legislative bodies; written by legislative,
signed into by executive; typically commands or prohibits something, or declares policy (affects
business behavior)
Administrative Agencies - CORRECT ANSWER - a governmental bureau established by
Congress (or the President) to execute certain functions of Congress
Common Law - CORRECT ANSWER - law made and applied by judges as they resolve
disputes among private parties; foundation of agency (employment), contact, property, and tort
law
Legal Precedent - CORRECT ANSWER - to settle disputes that are similar to past disputes,
judges look for guidance by studying decisions form earlier recorded cases
Stare Decisis - CORRECT ANSWER - "to stand on decided cases"; the use of precedent by
courts
Criminal Law - CORRECT ANSWER - concern legal wrongs or crimes committed against
the state (Felony or Misdemeanor)
Felony - CORRECT ANSWER - serious class crime punishable by imprisonment of more
than a year
Misdemeanor - CORRECT ANSWER - lesser class crime punishable by a fine and/or
imprisonment of less than a year (not in state or federal penitentiaries)
, Beyond a Reasonable Doubt - CORRECT ANSWER - in criminal law, the general rule that
for a judge to find a defendant guilty, there can be no significant doubt that the defendant
violated a criminal statute (higher standard of proof); jail time
Civil Law - CORRECT ANSWER - concerns the rights and responsibilities that exist among
members of society or between individuals and the government in non-criminal matters
Preponderance of the Evidence - CORRECT ANSWER - in civil trials, the burden of
persuasion to win a verdict requires that the plaintiff prove its claim by having the majority
(51%) or bulk of the evidence on its side (lesser burden of proof); monetary fines
OJ Simpson Murder Case - CORRECT ANSWER - example of beyond a reasonable doubt
(not guilty) and preponderance of the evidence (guilty)
Federal Judges - CORRECT ANSWER - nominated by the President and confirmed by a
majority vote in the U.S. Senate; lifetime appointment; only removed by impeachment
State Judges - CORRECT ANSWER - elected, appointed or chosen by a method that mixes
the two; serves for a fixed term and forced to re-run
Doctrine of Judicial Immunity - CORRECT ANSWER - a judge is immune from suit for
damages for judiciary acts
Original Jurisdiction - CORRECT ANSWER - power of the court to take a lawsuit at its
beginning, try it, and pass judgment upon the law and facts ; disputes first brought and tried
Appellate Jurisdiction - CORRECT ANSWER - power of a court to revise or correct the
proceedings in a case already acted upon by a lower court or administrative agency
Federal Court System - CORRECT ANSWER - Federal District Courts - Federal Appellate
Courts - U.S. Supreme Court; Bankruptcy Court
