Kelley School of Business - L201 Exam 1|
Questions With 100% Solved Answers.
The Supreme Court is mainly an ____ court. - AnswerAppellate (meaning it only
questions the law of the federal court of appeals and the highest state courts).
Separation of Powers - AnswerThe U.S. Constitution established Congress and
allows it to make laws in certain areas, the president to enforce the laws, and a federal
judiciary to interpret them.
Federalism - AnswerGives states power to make laws in certain areas
Statutes - Answerlaws created by elected representatives in Congress or a state
legislation, their interpretation and application are often difficult.
Uniform Acts - Answermodel statutes drafted by private bodies of scholars and
lawyers.
Common Law - Answer1) law made and applied by judges (precedents)
2) typically only used at state level, although sometimes federal courts apply it
3) "Stare Decisis" or "let the decision stand"
Administrative Agencies... - Answerobtain the ability to make law through a delegation
of power from legislature. Their decisions are legally binding but appeals to the
legislation are sometimes allowed
treaties - Answer"supreme law of the land" made by president and other governments
and must be approved by 2/3 of senate
Rules of Supremacy? - Answer1) U.S Constitution > State Constitution
2) Constitutions > Other Laws
3) Statutes > Legislative Delegation
4) Statutes > Common Law
4) Federal Statute > State Statute (This is known as the SUPREMACY CLAUSE)
Substantive Law - Answersets the rights and duties of people as they act in society.
Procedural Law - Answercontrols the behavior of government bodies as they establish
and enforce rules of substantive law
, 4 schools of jurisprudence and description of each - Answer1) Legal Positivism- sees
legal validity and moral validity as separate... laws should be enforced and obeyed, just
or not
2) Natural Law- good law=just, bad law=not just
3) American Legal Realism- what really affects peoples lives is true law
4) Sociological (Public Policy)- what would people want to happen?
Judicial Review - Answerquestions constitutionality of laws (established during
Marbury vs Madison)
How do judges determine the plain meaning of statutes? - AnswerThey use the
dictionary
6 functions of law? - Answer1) peacekeeping
2) checking gmt. power and promoting personal freedom
3) facilitating planning and the realization of reasonable expectations
4) promoting economic growth via free comp.
5) promoting social justice
6) protecting the environment
Maxims - Answergeneral rules of thumb employed in statutory interpretation
Subject Matter Jurisdiction - Answera court's power to decide the type of dispute
involved in the case (ex: criminal courts cant hear civil matters, small claims courts can't
hear $500,000)
In Personam Jurisdiction - Answerbased on the residence, location, or activities of the
defendant. a state has in personam jurisdiction over a defendant who is a citizen or
resident of the state, who are within state border when the process is served, or who
consent to the court's authority (i.e. entering the state to defend the plaintiff's claim).
In Rem Jurisdiction - AnswerCourt jurisdiction over a defendant's property (ex: fighting
over property in Indiana, Indiana would hear the case)
Venue Requirements that are satisfied - AnswerA court must have this for a case to
be legally binding. This questions where the case will be held. (ex: if there's a school
shooter at IU, they will try to get the case moved to another state to get a fair trial)
Concurrent Jurisdiction - Answerwhen both state and federal courts have jurisdiction
over the case.
>When concurrent jurisdiction exists and plaintiff files for state court, defendant has the
option to "remove" the case to a federal court.
The U.S Supreme Court - Answer-highest court of the land
Questions With 100% Solved Answers.
The Supreme Court is mainly an ____ court. - AnswerAppellate (meaning it only
questions the law of the federal court of appeals and the highest state courts).
Separation of Powers - AnswerThe U.S. Constitution established Congress and
allows it to make laws in certain areas, the president to enforce the laws, and a federal
judiciary to interpret them.
Federalism - AnswerGives states power to make laws in certain areas
Statutes - Answerlaws created by elected representatives in Congress or a state
legislation, their interpretation and application are often difficult.
Uniform Acts - Answermodel statutes drafted by private bodies of scholars and
lawyers.
Common Law - Answer1) law made and applied by judges (precedents)
2) typically only used at state level, although sometimes federal courts apply it
3) "Stare Decisis" or "let the decision stand"
Administrative Agencies... - Answerobtain the ability to make law through a delegation
of power from legislature. Their decisions are legally binding but appeals to the
legislation are sometimes allowed
treaties - Answer"supreme law of the land" made by president and other governments
and must be approved by 2/3 of senate
Rules of Supremacy? - Answer1) U.S Constitution > State Constitution
2) Constitutions > Other Laws
3) Statutes > Legislative Delegation
4) Statutes > Common Law
4) Federal Statute > State Statute (This is known as the SUPREMACY CLAUSE)
Substantive Law - Answersets the rights and duties of people as they act in society.
Procedural Law - Answercontrols the behavior of government bodies as they establish
and enforce rules of substantive law
, 4 schools of jurisprudence and description of each - Answer1) Legal Positivism- sees
legal validity and moral validity as separate... laws should be enforced and obeyed, just
or not
2) Natural Law- good law=just, bad law=not just
3) American Legal Realism- what really affects peoples lives is true law
4) Sociological (Public Policy)- what would people want to happen?
Judicial Review - Answerquestions constitutionality of laws (established during
Marbury vs Madison)
How do judges determine the plain meaning of statutes? - AnswerThey use the
dictionary
6 functions of law? - Answer1) peacekeeping
2) checking gmt. power and promoting personal freedom
3) facilitating planning and the realization of reasonable expectations
4) promoting economic growth via free comp.
5) promoting social justice
6) protecting the environment
Maxims - Answergeneral rules of thumb employed in statutory interpretation
Subject Matter Jurisdiction - Answera court's power to decide the type of dispute
involved in the case (ex: criminal courts cant hear civil matters, small claims courts can't
hear $500,000)
In Personam Jurisdiction - Answerbased on the residence, location, or activities of the
defendant. a state has in personam jurisdiction over a defendant who is a citizen or
resident of the state, who are within state border when the process is served, or who
consent to the court's authority (i.e. entering the state to defend the plaintiff's claim).
In Rem Jurisdiction - AnswerCourt jurisdiction over a defendant's property (ex: fighting
over property in Indiana, Indiana would hear the case)
Venue Requirements that are satisfied - AnswerA court must have this for a case to
be legally binding. This questions where the case will be held. (ex: if there's a school
shooter at IU, they will try to get the case moved to another state to get a fair trial)
Concurrent Jurisdiction - Answerwhen both state and federal courts have jurisdiction
over the case.
>When concurrent jurisdiction exists and plaintiff files for state court, defendant has the
option to "remove" the case to a federal court.
The U.S Supreme Court - Answer-highest court of the land
