BLAW 3391 Exam 1 – Questions With Fully Explained
Solutions
The Law in Our World Correct Answer - 1. Movies and TV influence our
opinions of the law
2. Justice and Law are hallmarks of a free society in today's world
3. No one person can possibly know the entire body of law
Applications of the Law (3) Correct Answer - 1. Personal
2. Business
3. Government
Plantiff Correct Answer - the party who begins a lawsuit by filing a
complaint in the appropriate court (offense)
Defendant Correct Answer - the party against whom a lawsuit is brought
and from who, recovery is sought or who is charged with a violation of the law
(defense)
Classification of Laws (3) Correct Answer - 1. Substantive v. Procedural
2. Civil v. Criminal
3. National v International
Substantive Law Correct Answer - laws that define, describe, regulate,
and create legal rights and obligations
Procedural Law Correct Answer - laws that establish methods for
enforcing and protecting rights
Civil Law Correct Answer - the study of the rights and obligations of
individuals and includes the law of property, contracts, and torts (assault)
Criminal Law Correct Answer - concerned with the acts against society
an the regulation of criminal activity
Constitutional Law Correct Answer - the study of the federal
Constitution, its interpretation by the federal courts and its relationship to
existing laws
,International Law Correct Answer - concerned with conduct of nations
in their relations with other nations
Sources of Law (4) Correct Answer - 1. Constitutional Law
2. Statutory Law
3. Administrative Law
4. Case Law
Constitutional Law Correct Answer - Federal and State Constitutions
- Executive Orders
- Treaties
Executive Orders Correct Answer - legally binding directive from the
President (Ex. in 1957 when Eisenhower ordered federal troops to enforce the
Supreme Court's ruling to desegregate the school system)
Treaties Correct Answer - written agreement between 2 or more
countries. Becomes legally binding when they are approved by 2/3 of the
Senate
Statutory Law Correct Answer - the field of law involving statutes, which
are laws passed by Congress or by state legislature
- Ordinance
Ordinance Correct Answer - law passed by a local government, such as a
city council, part of statutory law
Administrative Law Correct Answer - is the body of rules, regulations
and decisions created by administrative agencies
What is the Uniform Commercial Code? Correct Answer - 1. We started
as a farming nation with little to no commerce between the states
2. Conflicts arose as trade between states increased
3. When business was conducted with customers in many states the seller had
to know the laws in each state
4. The UCC was the solution to the problem
5. It was prepared in 1952 and over 15 years, and all 50 states have adopted
the UCC as part of their state law
,Uniform Commercial Code (UCC) Correct Answer - a set of laws that
govern various commercial transactions and that are designed to bring
uniformity to the laws of the states
Case Law Correct Answer - the effects of court decisions that involve the
same or similar facts
- the English system is known as the common law and still influences legal
decisions in the US today
Precedent Correct Answer - a court decision on which later courts rely
in similar cases. Decisions made by the US Supreme Court must be followed.
by other courts
- Stare Decisis
Stare Decisis (precedent) Correct Answer - to stand on decided cases
Reporter Correct Answer - court decisions published in books
- every court has their own reporter
Case Citation Correct Answer - names of parties, volume number, name
of the reporter, beginning page number
Schools of Jurisprudence Correct Answer - 1. Natural Law
2. Legal Positivism
3. Historic School: Tradition
4. Legal Realism
Schools of Jurisprudence (definition) Correct Answer - Various theories
concerning how societies develop, maintain, and change laws governing
individual behavior.
Critical Thinking in Business Law Correct Answer - 1. Critical thinking is
active. it requires us to "do" something.
2. Every time you read a case we will be focusing on the link between a court's
reasons and its conclusions
How to follow a case Correct Answer - 1. Find the facts
2. Look for the issue
, 3. Identify the judge's reasons and conclusion
4. Locate in the decision the rules of law that govern the judge's reasoning
5. Apply critical thinking to the reasoning
Jurisdiction Correct Answer - The authority of a court to hear and decide
a case
- a court must have several types of jurisdiction to decide any particular case
Original Jurisdiction Correct Answer - 1. The first court that can hear a
case
2. State System - County & District Courts
3. Federal System - District Courts
- Try to prove up the facts
Appellate Jurisdiction Correct Answer - 1. Power to review previous
decisions
2. There are no trials at this level
3. Questions of law instead of questions of fact
- Argue how the law was applied incorrectly and how it should have been
applied
In Personam Jurisdiction Correct Answer - jurisdiction over the person
- extends only over a certain geographic location
- include long arm statutes
- in rem jurisdiction & quasi in em jurisdiction (property)
Long Arm Statute Correct Answer - A state statute that permits a state to
exercise jurisdiction over nonresident defendants.
Where are corporations subject to in personam jurisdiction? Correct
Answer - 1. Where it is incorporated
2. Has it's principal office
3. Where it does business (minimum contacts)
In Rem Jurisdiction Correct Answer - Court jurisdiction over a
defendant's property
In Personam Jurisdiction (Cyberspace" Correct Answer - - the 'sliding-
scale" standard
Solutions
The Law in Our World Correct Answer - 1. Movies and TV influence our
opinions of the law
2. Justice and Law are hallmarks of a free society in today's world
3. No one person can possibly know the entire body of law
Applications of the Law (3) Correct Answer - 1. Personal
2. Business
3. Government
Plantiff Correct Answer - the party who begins a lawsuit by filing a
complaint in the appropriate court (offense)
Defendant Correct Answer - the party against whom a lawsuit is brought
and from who, recovery is sought or who is charged with a violation of the law
(defense)
Classification of Laws (3) Correct Answer - 1. Substantive v. Procedural
2. Civil v. Criminal
3. National v International
Substantive Law Correct Answer - laws that define, describe, regulate,
and create legal rights and obligations
Procedural Law Correct Answer - laws that establish methods for
enforcing and protecting rights
Civil Law Correct Answer - the study of the rights and obligations of
individuals and includes the law of property, contracts, and torts (assault)
Criminal Law Correct Answer - concerned with the acts against society
an the regulation of criminal activity
Constitutional Law Correct Answer - the study of the federal
Constitution, its interpretation by the federal courts and its relationship to
existing laws
,International Law Correct Answer - concerned with conduct of nations
in their relations with other nations
Sources of Law (4) Correct Answer - 1. Constitutional Law
2. Statutory Law
3. Administrative Law
4. Case Law
Constitutional Law Correct Answer - Federal and State Constitutions
- Executive Orders
- Treaties
Executive Orders Correct Answer - legally binding directive from the
President (Ex. in 1957 when Eisenhower ordered federal troops to enforce the
Supreme Court's ruling to desegregate the school system)
Treaties Correct Answer - written agreement between 2 or more
countries. Becomes legally binding when they are approved by 2/3 of the
Senate
Statutory Law Correct Answer - the field of law involving statutes, which
are laws passed by Congress or by state legislature
- Ordinance
Ordinance Correct Answer - law passed by a local government, such as a
city council, part of statutory law
Administrative Law Correct Answer - is the body of rules, regulations
and decisions created by administrative agencies
What is the Uniform Commercial Code? Correct Answer - 1. We started
as a farming nation with little to no commerce between the states
2. Conflicts arose as trade between states increased
3. When business was conducted with customers in many states the seller had
to know the laws in each state
4. The UCC was the solution to the problem
5. It was prepared in 1952 and over 15 years, and all 50 states have adopted
the UCC as part of their state law
,Uniform Commercial Code (UCC) Correct Answer - a set of laws that
govern various commercial transactions and that are designed to bring
uniformity to the laws of the states
Case Law Correct Answer - the effects of court decisions that involve the
same or similar facts
- the English system is known as the common law and still influences legal
decisions in the US today
Precedent Correct Answer - a court decision on which later courts rely
in similar cases. Decisions made by the US Supreme Court must be followed.
by other courts
- Stare Decisis
Stare Decisis (precedent) Correct Answer - to stand on decided cases
Reporter Correct Answer - court decisions published in books
- every court has their own reporter
Case Citation Correct Answer - names of parties, volume number, name
of the reporter, beginning page number
Schools of Jurisprudence Correct Answer - 1. Natural Law
2. Legal Positivism
3. Historic School: Tradition
4. Legal Realism
Schools of Jurisprudence (definition) Correct Answer - Various theories
concerning how societies develop, maintain, and change laws governing
individual behavior.
Critical Thinking in Business Law Correct Answer - 1. Critical thinking is
active. it requires us to "do" something.
2. Every time you read a case we will be focusing on the link between a court's
reasons and its conclusions
How to follow a case Correct Answer - 1. Find the facts
2. Look for the issue
, 3. Identify the judge's reasons and conclusion
4. Locate in the decision the rules of law that govern the judge's reasoning
5. Apply critical thinking to the reasoning
Jurisdiction Correct Answer - The authority of a court to hear and decide
a case
- a court must have several types of jurisdiction to decide any particular case
Original Jurisdiction Correct Answer - 1. The first court that can hear a
case
2. State System - County & District Courts
3. Federal System - District Courts
- Try to prove up the facts
Appellate Jurisdiction Correct Answer - 1. Power to review previous
decisions
2. There are no trials at this level
3. Questions of law instead of questions of fact
- Argue how the law was applied incorrectly and how it should have been
applied
In Personam Jurisdiction Correct Answer - jurisdiction over the person
- extends only over a certain geographic location
- include long arm statutes
- in rem jurisdiction & quasi in em jurisdiction (property)
Long Arm Statute Correct Answer - A state statute that permits a state to
exercise jurisdiction over nonresident defendants.
Where are corporations subject to in personam jurisdiction? Correct
Answer - 1. Where it is incorporated
2. Has it's principal office
3. Where it does business (minimum contacts)
In Rem Jurisdiction Correct Answer - Court jurisdiction over a
defendant's property
In Personam Jurisdiction (Cyberspace" Correct Answer - - the 'sliding-
scale" standard
