BUL 5810 COMPREHENSIVE EXAM UPDATED
QUESTIONS AND ANSWERS GRADED A+
✔✔Due Process (5th and 14th Amendments) - ✔✔No person shall be deprived of life,
liberty, or property without due process of law
✔✔Substantive Due Process - ✔✔Constitutional requirement that governments act
reasonably and that the substance of the laws themselves be fair and reasonable; limits
what a government may do.
✔✔Procedural Due Process - ✔✔Procedural laws that protect the rights of individuals
who must deal with the legal system
✔✔Executive Agencies vs. Independent Agencies - ✔✔Executive agencies report
directly to the President and the heads of those agencies are members of the Pres.
Cabinet - e.g. Defense, Interior, State, etc.
Independent agencies are created by Congress and the Pres. has less power in getting
rid of heads of those agencies
✔✔Checks and Balances - ✔✔A system that allows each branch of government to limit
the powers of the other branches in order to prevent abuse of power
✔✔Federal Register - ✔✔A publication of the U.S. government that prints executive
orders, rules, and new/proposed regulations.
✔✔Powers of Administrative Agencies - ✔✔Adopt legislative rules and regulations,
conduct investigations to see if rules have been violated, and hold hearings like courts -
but only with administrative law judge, no trial by jury.
Powers are limited (checked) by judicial review, legislative control (Congress controls
their budget), and exec. branch control (Pres. can appoint members of the agency)
✔✔Duty of Care - ✔✔The duty of all persons, as established by tort law, to exercise a
reasonable amount of care in their dealings with others. Failure to exercise due care,
which is normally determined by the reasonable person standard, constitutes the tort of
negligence.
✔✔Unreasonable Searches and Seizures - ✔✔Obtaining evidence in a haphazard or
random manner, a practice prohibited by the Fourth Amendment. Probable cause
and/or a search warrant are required for a legal and proper search for/seizure of
incriminating evidence.
✔✔Criminal Defenses - ✔✔Legally recognized justification for illegal actions, or
acceptance that individuals were not legally responsible for their actions.
, Duress: Coercion by threat.
Mistake of Fact: Honest belief that an act is not criminal.
Entrapment: Inducement by a law enforcement official to commit a crime.
✔✔Assault and Battery - ✔✔Assault includes a threat or attempt to injure, and battery
includes the unlawful touching of another person without consent
✔✔Crimes Against Business - ✔✔Larceny (stealing property), embezzlement, robbery
(larceny with force), burglary (larceny while victim is absent), extortion, bribery, forgery,
etc.
✔✔Tort Causes of Action - ✔✔A set of facts sufficient to justify a right to sue to obtain
money, property, or the enforcement of a right against another party
✔✔Tort Law - ✔✔Law that deals with harm to a person or a person's property.
✔✔Contributory Negligence - ✔✔A theory in tort law under which a complaining party's
own negligence contributed to or caused his or her injuries.
✔✔Comparative Negligence - ✔✔A theory in tort law under which the liability for injuries
resulting from negligent acts is shared by all parties who were negligent (including the
injured party), on the basis of each person's proportionate negligence.
✔✔Five Elements of Negligence - ✔✔Duty of Care: standard of conduct
Breach of Duty: defendant failed to exercise reasonable care
Factual Cause: the harm the plaintiff sustained was a direct cause of the defendant's
breach of duty
Harm: the harm must be substantial and reasonable.
Scope of Liability: the harm sustained must be in consistency with the legal system.
Example: You can't sue a banana vendor if you slip on a banana peel a mile away from
his store.
✔✔Strict Liability - ✔✔The legal responsibility for damage or injury even if you are not
negligent. Imposed for any activity that (1) creates a foreseeable risk of harm and (2) is
not one of common usage
✔✔Reasonable Standard of Care - ✔✔The degree of care that a reasonable person
would exercise under all the circumstances
QUESTIONS AND ANSWERS GRADED A+
✔✔Due Process (5th and 14th Amendments) - ✔✔No person shall be deprived of life,
liberty, or property without due process of law
✔✔Substantive Due Process - ✔✔Constitutional requirement that governments act
reasonably and that the substance of the laws themselves be fair and reasonable; limits
what a government may do.
✔✔Procedural Due Process - ✔✔Procedural laws that protect the rights of individuals
who must deal with the legal system
✔✔Executive Agencies vs. Independent Agencies - ✔✔Executive agencies report
directly to the President and the heads of those agencies are members of the Pres.
Cabinet - e.g. Defense, Interior, State, etc.
Independent agencies are created by Congress and the Pres. has less power in getting
rid of heads of those agencies
✔✔Checks and Balances - ✔✔A system that allows each branch of government to limit
the powers of the other branches in order to prevent abuse of power
✔✔Federal Register - ✔✔A publication of the U.S. government that prints executive
orders, rules, and new/proposed regulations.
✔✔Powers of Administrative Agencies - ✔✔Adopt legislative rules and regulations,
conduct investigations to see if rules have been violated, and hold hearings like courts -
but only with administrative law judge, no trial by jury.
Powers are limited (checked) by judicial review, legislative control (Congress controls
their budget), and exec. branch control (Pres. can appoint members of the agency)
✔✔Duty of Care - ✔✔The duty of all persons, as established by tort law, to exercise a
reasonable amount of care in their dealings with others. Failure to exercise due care,
which is normally determined by the reasonable person standard, constitutes the tort of
negligence.
✔✔Unreasonable Searches and Seizures - ✔✔Obtaining evidence in a haphazard or
random manner, a practice prohibited by the Fourth Amendment. Probable cause
and/or a search warrant are required for a legal and proper search for/seizure of
incriminating evidence.
✔✔Criminal Defenses - ✔✔Legally recognized justification for illegal actions, or
acceptance that individuals were not legally responsible for their actions.
, Duress: Coercion by threat.
Mistake of Fact: Honest belief that an act is not criminal.
Entrapment: Inducement by a law enforcement official to commit a crime.
✔✔Assault and Battery - ✔✔Assault includes a threat or attempt to injure, and battery
includes the unlawful touching of another person without consent
✔✔Crimes Against Business - ✔✔Larceny (stealing property), embezzlement, robbery
(larceny with force), burglary (larceny while victim is absent), extortion, bribery, forgery,
etc.
✔✔Tort Causes of Action - ✔✔A set of facts sufficient to justify a right to sue to obtain
money, property, or the enforcement of a right against another party
✔✔Tort Law - ✔✔Law that deals with harm to a person or a person's property.
✔✔Contributory Negligence - ✔✔A theory in tort law under which a complaining party's
own negligence contributed to or caused his or her injuries.
✔✔Comparative Negligence - ✔✔A theory in tort law under which the liability for injuries
resulting from negligent acts is shared by all parties who were negligent (including the
injured party), on the basis of each person's proportionate negligence.
✔✔Five Elements of Negligence - ✔✔Duty of Care: standard of conduct
Breach of Duty: defendant failed to exercise reasonable care
Factual Cause: the harm the plaintiff sustained was a direct cause of the defendant's
breach of duty
Harm: the harm must be substantial and reasonable.
Scope of Liability: the harm sustained must be in consistency with the legal system.
Example: You can't sue a banana vendor if you slip on a banana peel a mile away from
his store.
✔✔Strict Liability - ✔✔The legal responsibility for damage or injury even if you are not
negligent. Imposed for any activity that (1) creates a foreseeable risk of harm and (2) is
not one of common usage
✔✔Reasonable Standard of Care - ✔✔The degree of care that a reasonable person
would exercise under all the circumstances
