AGEC 3713 OKSTATE EXAM 1 WITH
100% CORRECT ANSWERS
What happens when state laws conflict with the U.S. Constitution, statutes, and
treaties? - Answer-power goes constitution to federal to state
What are the principles that judges try to follow in deciding cases (and given a choice,
do most judges like to create their own rules? Why or why not?) - Answer-Stare decisis
- they try to avoid creating their own rules because they don't want to be the judge that
changes the interpretations of laws all the time
What are the elements required to have "standing" to bring a lawsuit on your own
claim? - Answer-a. Actual/imminent violation of a legally protected right
b. Connection between the injury and conduct about which you are complaining
c. Injury can be fixed by favorable judicial decision
What is the process for participating in someone else's lawsuit via amicus curiae? -
Answer-Friend of the court - You do the research on why it should be interpreted a
certain way
How long do you have to comment on a rule once it is published? - Answer-About 30
days
What is the importance of the Uniform Commercial Code (UCC)? - Answer-A set of
"uniform laws" adopted by virtually all the states to harmonize the law applying to the
most common types of transactions
Which kind of property ownership is the most complete, i.e. has the fewest "strings?" -
Answer-a. Fee simple absolute - have the control now and forever
What words are used to create a fee simple absolute estate? What is the presumption
of Oklahoma law if you don't specify what kind of estate was intended? - Answer-a. "To
[grantee] and his heirs"
b. Presumption is a fee simple absolute estate
How can a life estate be transferred at death - or can it be transferred at death? -
Answer-a. Established by the grantor who the first person will be and after first person
dies it transfers to the next
b. Given to person A and A dies and then a remainderman gets it so they can give it
away in their will
, If we don't specify the interests of tenants in common or joint tenants, what do we
assume about their interests? - Answer-a. It is tenancy in common, share revenues and
expenses in proportion to the ownership
"The Law" - Answer-a. The law is the regime that orders human activities and relations
through systematic application of the force of politically organized society, or through
social pressure, backed by force, in such a society; the legal system
4. What are the principal means by which the government enforces legal obligations? -
Answer-a. The People
5. How do you summarize the grant of authority to the government to enact, and then
enforce, the law? - Answer-a. The legal system is founded on the concept that the
people have the right to govern themselves
b. American people have consented to the establishment of a government to maintain
order.
c. The American people also gave the government the power to enforce its laws
How can you participate in the modification of Constitutional Law? - Answer-a. can use
power of initiative at state level
b. interpretation through judicial action
How can you participate in Stat. Law? - Answer-through working with your legislator.
How can you participate in Admin. Law? - Answer-by comments on rules, suggest rules
and get on a council/commission board.
13. What is the Constitution's most important grant of legislative authority to Congress?
- Answer-legislatures
Define Constitutional - Answer-Represents the highest form of law
How was the Constitutional law created? - Answer-Has a single occurrence -
establishment through a constitutional convention
How is the constitutional law modified? - Answer-Federal: 2/3 majority of both House
and Senate and ratification by ¾ of states. Oklahoma: Proposal by majority of both
houses and approval by majority of people at election
Define Statutory law - Answer-Codified laws passed by a government's legislative body
How was Statutory law created - Answer-Bill proposed by legislator in one house,
approved by both houses, and signed by chief executive or vetoed
How can statutory law be modified? - Answer-Essentially the same as creation
100% CORRECT ANSWERS
What happens when state laws conflict with the U.S. Constitution, statutes, and
treaties? - Answer-power goes constitution to federal to state
What are the principles that judges try to follow in deciding cases (and given a choice,
do most judges like to create their own rules? Why or why not?) - Answer-Stare decisis
- they try to avoid creating their own rules because they don't want to be the judge that
changes the interpretations of laws all the time
What are the elements required to have "standing" to bring a lawsuit on your own
claim? - Answer-a. Actual/imminent violation of a legally protected right
b. Connection between the injury and conduct about which you are complaining
c. Injury can be fixed by favorable judicial decision
What is the process for participating in someone else's lawsuit via amicus curiae? -
Answer-Friend of the court - You do the research on why it should be interpreted a
certain way
How long do you have to comment on a rule once it is published? - Answer-About 30
days
What is the importance of the Uniform Commercial Code (UCC)? - Answer-A set of
"uniform laws" adopted by virtually all the states to harmonize the law applying to the
most common types of transactions
Which kind of property ownership is the most complete, i.e. has the fewest "strings?" -
Answer-a. Fee simple absolute - have the control now and forever
What words are used to create a fee simple absolute estate? What is the presumption
of Oklahoma law if you don't specify what kind of estate was intended? - Answer-a. "To
[grantee] and his heirs"
b. Presumption is a fee simple absolute estate
How can a life estate be transferred at death - or can it be transferred at death? -
Answer-a. Established by the grantor who the first person will be and after first person
dies it transfers to the next
b. Given to person A and A dies and then a remainderman gets it so they can give it
away in their will
, If we don't specify the interests of tenants in common or joint tenants, what do we
assume about their interests? - Answer-a. It is tenancy in common, share revenues and
expenses in proportion to the ownership
"The Law" - Answer-a. The law is the regime that orders human activities and relations
through systematic application of the force of politically organized society, or through
social pressure, backed by force, in such a society; the legal system
4. What are the principal means by which the government enforces legal obligations? -
Answer-a. The People
5. How do you summarize the grant of authority to the government to enact, and then
enforce, the law? - Answer-a. The legal system is founded on the concept that the
people have the right to govern themselves
b. American people have consented to the establishment of a government to maintain
order.
c. The American people also gave the government the power to enforce its laws
How can you participate in the modification of Constitutional Law? - Answer-a. can use
power of initiative at state level
b. interpretation through judicial action
How can you participate in Stat. Law? - Answer-through working with your legislator.
How can you participate in Admin. Law? - Answer-by comments on rules, suggest rules
and get on a council/commission board.
13. What is the Constitution's most important grant of legislative authority to Congress?
- Answer-legislatures
Define Constitutional - Answer-Represents the highest form of law
How was the Constitutional law created? - Answer-Has a single occurrence -
establishment through a constitutional convention
How is the constitutional law modified? - Answer-Federal: 2/3 majority of both House
and Senate and ratification by ¾ of states. Oklahoma: Proposal by majority of both
houses and approval by majority of people at election
Define Statutory law - Answer-Codified laws passed by a government's legislative body
How was Statutory law created - Answer-Bill proposed by legislator in one house,
approved by both houses, and signed by chief executive or vetoed
How can statutory law be modified? - Answer-Essentially the same as creation
