LEB323 Midterm Exam Questions
and Answers All Correct
Aids or devices used by courts to interpret a statute - Answer-1. Dictionary
2. Textual context rather than the statute as a whole
3. Legislative history of a particular statute
4. Circumstantial context
5. Precedent - prior judicial interpretations of the same statute or similar language in
another statute
Three Categories of Provision of US Constitution - Answer-Basic organization into three
branches of govt
Delineates authority of fed govt in contrast to states by granting specific powers to each
branch
Protects basic right of individuals and businesses by placing limitations on fed/state govt
power
Judicial Review - Answer-review by the US Supreme Court of the constitutional validity
of a legislative act.
Delegation of Powers - Answer--Congress may expressly delegate legislative power to
the other two branches
-These are valid as long as congress:
- Indicates basic policy objectives
-Provides some degree of guidance to how power will be exercised
Authority of Federal and State Governments: - Answer-Delegated/Enumerated Powers -
powers specifically given to the fed government in the constitution
Reserved powers - the rest of the powers that reside with the states
State Police Power - Answer-Regulate public safety, health, welfare and morals; allow
States to regulate business (state governments can tax businesses and spend money
for the general welfare). As part of their sovereign powers - Regulate intrastate business
activity, includes the authority to enact laws that regulate the conduct of business.
Federal Power - Commerce Clause - Answer-Federal power to regulate commerce is
very broad and states also have a good about of regulatory power over commerce
Has caused a lot of friction
FEDERAL REGULATION OF INTERSTATE COMMERCE - Answer-Commerce Clause
- Article I section 8 of Constitution: congress has power to regulate commerce
, Until late 1930s the Supreme Court interpreted Congress authority narrowly saying it
could regulate commerce if:
Crossed state lines
Involved interstate commerce like rivers or railroads
Gifts of Personal Property requirements - Answer-1. Donor must have present intent to
transfer ownership
2. Donor must deliver possession to the donee
Constructive delivery (symbolic delivery) - Answer-1. Impracticality: If it is impractical or
inconvenient to deliver actual physical possession, constructive delivery is allowed
Ex: if the item being given is a car, delivery of the car keys to the donee is sufficient.
2. Intangibles: Constructive delivery is permissible for a gift of intangible personal
property
Ex: Bonds, promissory notes, corporate stock certificates, insurance policies, and
savings account books.
Invalidating gifts: fiduciary relationship
Joint Bank Accounts - Answer-There has to be a presumption of intent on part of one
party to make gift to the wife if the husband dies.
Inter Vivos - Answer-ordinary gift between two living persons
Causa Mortis - Answer-gift between living persons but it is made by donor in
contemplation of his or her death from some existing affliction or impending peril
Different from a will because it just needs intent and delivery
Special rules to Causa mortis - Answer-Gift is auto revoked if the DONEE dies before
the DONOR
Gift is auto revoked if the DONOR does NOT died from the current illness or peril
Ownership of Wild Game - Answer-Includes wild animals, fish, birds
belongs to first person who takes possession with intent of ownership (occupation)
unless person is trespasser
Wild game taken by a trespasser belongs to the owner or the tenant of the land.
abandonded property - Answer-found under circumstances indicating either that it was
left by someone who did not want it any more, or was left so long ago that the former
owner almost certainly was no longer living
-First person taking possession becomes owner
Lost property - Answer-discovered under circumstances indicating that it was not placed
there voluntarily by the owner
Ex: Wallet that fell out of someone's pocket onto the street
Finder entitled to possession unless he or she was a trespasser
and Answers All Correct
Aids or devices used by courts to interpret a statute - Answer-1. Dictionary
2. Textual context rather than the statute as a whole
3. Legislative history of a particular statute
4. Circumstantial context
5. Precedent - prior judicial interpretations of the same statute or similar language in
another statute
Three Categories of Provision of US Constitution - Answer-Basic organization into three
branches of govt
Delineates authority of fed govt in contrast to states by granting specific powers to each
branch
Protects basic right of individuals and businesses by placing limitations on fed/state govt
power
Judicial Review - Answer-review by the US Supreme Court of the constitutional validity
of a legislative act.
Delegation of Powers - Answer--Congress may expressly delegate legislative power to
the other two branches
-These are valid as long as congress:
- Indicates basic policy objectives
-Provides some degree of guidance to how power will be exercised
Authority of Federal and State Governments: - Answer-Delegated/Enumerated Powers -
powers specifically given to the fed government in the constitution
Reserved powers - the rest of the powers that reside with the states
State Police Power - Answer-Regulate public safety, health, welfare and morals; allow
States to regulate business (state governments can tax businesses and spend money
for the general welfare). As part of their sovereign powers - Regulate intrastate business
activity, includes the authority to enact laws that regulate the conduct of business.
Federal Power - Commerce Clause - Answer-Federal power to regulate commerce is
very broad and states also have a good about of regulatory power over commerce
Has caused a lot of friction
FEDERAL REGULATION OF INTERSTATE COMMERCE - Answer-Commerce Clause
- Article I section 8 of Constitution: congress has power to regulate commerce
, Until late 1930s the Supreme Court interpreted Congress authority narrowly saying it
could regulate commerce if:
Crossed state lines
Involved interstate commerce like rivers or railroads
Gifts of Personal Property requirements - Answer-1. Donor must have present intent to
transfer ownership
2. Donor must deliver possession to the donee
Constructive delivery (symbolic delivery) - Answer-1. Impracticality: If it is impractical or
inconvenient to deliver actual physical possession, constructive delivery is allowed
Ex: if the item being given is a car, delivery of the car keys to the donee is sufficient.
2. Intangibles: Constructive delivery is permissible for a gift of intangible personal
property
Ex: Bonds, promissory notes, corporate stock certificates, insurance policies, and
savings account books.
Invalidating gifts: fiduciary relationship
Joint Bank Accounts - Answer-There has to be a presumption of intent on part of one
party to make gift to the wife if the husband dies.
Inter Vivos - Answer-ordinary gift between two living persons
Causa Mortis - Answer-gift between living persons but it is made by donor in
contemplation of his or her death from some existing affliction or impending peril
Different from a will because it just needs intent and delivery
Special rules to Causa mortis - Answer-Gift is auto revoked if the DONEE dies before
the DONOR
Gift is auto revoked if the DONOR does NOT died from the current illness or peril
Ownership of Wild Game - Answer-Includes wild animals, fish, birds
belongs to first person who takes possession with intent of ownership (occupation)
unless person is trespasser
Wild game taken by a trespasser belongs to the owner or the tenant of the land.
abandonded property - Answer-found under circumstances indicating either that it was
left by someone who did not want it any more, or was left so long ago that the former
owner almost certainly was no longer living
-First person taking possession becomes owner
Lost property - Answer-discovered under circumstances indicating that it was not placed
there voluntarily by the owner
Ex: Wallet that fell out of someone's pocket onto the street
Finder entitled to possession unless he or she was a trespasser
