BUL 5810 EXAM 1 WOODYARD QUESTIONS &
ANSWERS
Difference of law and Justice - Answer -Separate and distinct concepts; justice is the
fair, equitable, and impartial treatment of competing interests with due regard for the
common good
Broke criminal law / who will prosecute - Answer -Prove beyond a reasonable doubt
State / Federal Government Prosecutes
Courts of law with money vs equity - Answer -Action of law is money
Action of equity is non-monetary
Know sources of law / who has supreme law Article 6 Clause 2 - Answer -Federal /
State Constitutions
Federal / State executive orders and statues
Regulation Agencies
Supreme Law of the land is the US constitution. Therefore federal legislation is
paramount to state's legislation.
Article 6 is the supremacy clause
Definition of a crime - Answer -Any act or omission that public law prohibits in the
interest of protecting the public
Administrative rules and regulations - Answer -4th branch of government - Judge, Jury,
and Executioner
Used for accommodating complexity of society, economics, and industrial life
Given power by congress - sunset clause for control
Stare decisis - Answer -To stand by decisions - Prior decisions in higher courts hold
Legality / Morality - Answer -Laws provide sanctions, morals do not
Intersect but not completely overlapping
Immanuel Kant - Answer -Deontological - Address the practical problems of
utilitarianism (judge motives and actions, not just actions)
Asserted what he called the categorical imperative
Must posses potential to be made consistently applied for universal law
Respect the autonomy and rationality of all human beings and avoid treating them as an
expedient
Milton Friedman Ethical relativism - Answer -Individuals must judge actions by what
they feel is right or wrong for themselves
, Believed in the categorical imperative. In order for something to be ethical, it must be
able to be applied 100%.
Sarbanes-Oxley - Answer -Made it a crime to defraud any person or to obtain any
money or property fraudulently in connection with any security of a public company
Mail/wire fraud falls into this and includes violation of the Securities and Exchange Act
Process to appoint someone to supreme court - Answer -Nominated by the president
Senate Judiciary votes to send to full senate
Full senate votes for confirmation
Subject Matter Jurisdiction - Answer -Authority of a court to decide a particular kind of
case
Exclusive Federal Jurisdiction: Federal courts have sole jurisdiction over Federal
crimes, bankruptcy, antitrust, patent, trademark, copyright, and other specified cases
In personam jurisdiction - Answer -Jurisdiction of a court over the parties to a lawsuit, in
contrast to jurisdiction of their property
A court obtains this jurisdiction by serving process on the party within the state in which
the court is located or by using the "Long-arm Statute"
Used to expand their jurisdictional reach beyond those persons who may be personally
served within the state.
Article 1 section 8 clause 3 - Answer -Commerce Clause
What congress uses to pass the majority of bills
Specifically regulates interstate trade
Pleading / Default Judgement - Answer -Pleadings are a series of responsive, formal,
written statements in which each side to a lawsuit states its claims and defenses. It's
purpose is to give notice and establish facts.
Default Judgement is one against a defendant who fails to respond to a complaint.
Summary Judgement is a final binding determination on the merits by the judge before
a trial.
What does a jury do? - Answer -Sworn to try the facts of a case and to find according to
the law and the evidence
Alternative Dispute Resolution - Answer -Arbitration: Can compel participation and
provide a binding resolution; Private and speedy with little cost to the participants
Mediation: non binding process where third party acts as intermediary and proposes
solutions
Conciliation: a nonbinding process in which a third party acts as an intermediary
between the disputing parties
Appeals court can do 3 things - Answer -May affirm, reverse, and remand for a new
trial
ANSWERS
Difference of law and Justice - Answer -Separate and distinct concepts; justice is the
fair, equitable, and impartial treatment of competing interests with due regard for the
common good
Broke criminal law / who will prosecute - Answer -Prove beyond a reasonable doubt
State / Federal Government Prosecutes
Courts of law with money vs equity - Answer -Action of law is money
Action of equity is non-monetary
Know sources of law / who has supreme law Article 6 Clause 2 - Answer -Federal /
State Constitutions
Federal / State executive orders and statues
Regulation Agencies
Supreme Law of the land is the US constitution. Therefore federal legislation is
paramount to state's legislation.
Article 6 is the supremacy clause
Definition of a crime - Answer -Any act or omission that public law prohibits in the
interest of protecting the public
Administrative rules and regulations - Answer -4th branch of government - Judge, Jury,
and Executioner
Used for accommodating complexity of society, economics, and industrial life
Given power by congress - sunset clause for control
Stare decisis - Answer -To stand by decisions - Prior decisions in higher courts hold
Legality / Morality - Answer -Laws provide sanctions, morals do not
Intersect but not completely overlapping
Immanuel Kant - Answer -Deontological - Address the practical problems of
utilitarianism (judge motives and actions, not just actions)
Asserted what he called the categorical imperative
Must posses potential to be made consistently applied for universal law
Respect the autonomy and rationality of all human beings and avoid treating them as an
expedient
Milton Friedman Ethical relativism - Answer -Individuals must judge actions by what
they feel is right or wrong for themselves
, Believed in the categorical imperative. In order for something to be ethical, it must be
able to be applied 100%.
Sarbanes-Oxley - Answer -Made it a crime to defraud any person or to obtain any
money or property fraudulently in connection with any security of a public company
Mail/wire fraud falls into this and includes violation of the Securities and Exchange Act
Process to appoint someone to supreme court - Answer -Nominated by the president
Senate Judiciary votes to send to full senate
Full senate votes for confirmation
Subject Matter Jurisdiction - Answer -Authority of a court to decide a particular kind of
case
Exclusive Federal Jurisdiction: Federal courts have sole jurisdiction over Federal
crimes, bankruptcy, antitrust, patent, trademark, copyright, and other specified cases
In personam jurisdiction - Answer -Jurisdiction of a court over the parties to a lawsuit, in
contrast to jurisdiction of their property
A court obtains this jurisdiction by serving process on the party within the state in which
the court is located or by using the "Long-arm Statute"
Used to expand their jurisdictional reach beyond those persons who may be personally
served within the state.
Article 1 section 8 clause 3 - Answer -Commerce Clause
What congress uses to pass the majority of bills
Specifically regulates interstate trade
Pleading / Default Judgement - Answer -Pleadings are a series of responsive, formal,
written statements in which each side to a lawsuit states its claims and defenses. It's
purpose is to give notice and establish facts.
Default Judgement is one against a defendant who fails to respond to a complaint.
Summary Judgement is a final binding determination on the merits by the judge before
a trial.
What does a jury do? - Answer -Sworn to try the facts of a case and to find according to
the law and the evidence
Alternative Dispute Resolution - Answer -Arbitration: Can compel participation and
provide a binding resolution; Private and speedy with little cost to the participants
Mediation: non binding process where third party acts as intermediary and proposes
solutions
Conciliation: a nonbinding process in which a third party acts as an intermediary
between the disputing parties
Appeals court can do 3 things - Answer -May affirm, reverse, and remand for a new
trial
