VERIFIED ANSWERS (UPDATED TO PASS)
Since it seems to be a hot topic lately (for some reason), what are the grounds upon which a U.S.
president can be impeached? Correct answer-Treason, bribery, or other high crimes and
misdemeanors.
The U.S. Constitution contains a list setting forth the kinds of matters about which the U.S. Congress
can make laws. One of these clauses gives Congress the broadest power to address all sorts of issues,
from wetlands to wheat. Which clause is it? Correct answer-To regulate commerce with foreign
nations, and among the several states, and with the Indian tribes
If a power is not given to the United States and is not prohibited to a state, who can exercise that
power? Where is that authority found? You have to get both the "who" and the citation right.
Correct answer-The power rests with either the states and/or the people (Amendment X).
There's been lots of talk lately about a Balanced Budget Amendment to the Constitution. What
would it take to enact such an amendment? Correct answer-The amendment must be proposed in
either the U.S. House or Senate, passed by a two-thirds majority in both houses, and then ratified by
three-fourths of the States.
What is a contract? Correct answer-An agreement between two or more parties consisting of a
promise or set of promises which the law will enforce.
You enter a contract with the local implement dealer to lease a tractor and hay baler for one year.
Which article of the Uniform Commercial Code governs your contract? Correct answer-Article 2A
You enter a contract with your neighbor to lease 640 acres of crop ground for one year. Would your
lease be governed by Article 2 or Article 2A of the Uniform Commercial Code? Correct answer-
Neither - the lease wouldn't be governed by the UCC at all
What is the definition of "the law?" Correct answer-A body of rules that can be enforced by the
authority of a government (federal, state, and local)
What are the principal means by which the government enforces legal obligations? Correct
answer-The Declaration of Independence and the Constitution
1. How do you summarize the grant of authority to the government to enact, and then enforce, the
law? Correct answer-Police Power- The court has the power to punish any contempt in order to
protect the rights of the parties and the interest of the public by assuring that the administration of
justice shall not be thwarted.
Constitutional Law: Correct answer-The fundamental law of a government establishing the
government, defining its organization, and prescribing the limits and exercise of its powers.
Represents the highest form of law.
How is constitutional law created? Correct answer-Has a single occurrence- establishment through
a constitutional convention?
How is constitutional law modified? Correct answer-Process of amendment. Federal proposal takes
2/3 majority of both house and senate (or proposal by 2/3 of the states), and ratification by 2/3 of
, the states. Oklahoma takes proposal by majority of both houses and approval by majority of people
at election; canalso be proposed by initiative petition signed by 15% of voters in last general election.
How can you participate in the modification of constitutional law? Correct answer-Pretty difficult.
Can use power of initiative at state level. Can have a role in modification of the interpretation
through judicial action.
Statutory Law Correct answer-The codified laws passed by a government's legislative body
How is statutory law created? Correct answer-Bill is proposed by legislator in one house (and at
federal level, revenue bills must originate in the house). Bill must be approved by both houses of
legislature. Bills must then be signed by chief executive or vetoed. 2/3 majority of both houses
required to override veto.
How is statutory law modified? Correct answer-Unlike constitutional law, statutory law is modified
all the time. Process of modification is the same as process of creation.
How can you participate in modification of statutory law? Correct answer-Working with your
legislator. At federal level, only legislators can propose bills. However, in Oklahoma, citizens have
power of initiative and referendum..." but the people reserve to themselves the power to propose
laws and amendments to the constitution and to enact or reject the same at the polls independent
of legislature"
Administrative Law Correct answer-The body of agency-made law consisting of administrative
rules, regulations, and enforceable policies.
How is administrative law created? Correct answer-Regulations are created by delegation of the
legislative power to the administrative agencies. Procedure for creating regulation is governed by the
Administrative Procedure Act.
- Publish notice of the proposed action in an official publication (Federal Register, Oklahoma
Register).
- Public comments must be taken for at least 30 days (and there must be a response to all of them).
- A public hearing regarding the proposed rule is held.
- Agency makes final rule decision.
- Final rule must be published in Register.
- Rule must be signed by governor and can be overruled by legislature.
How is administrative law modified? Correct answer-Essentially, the same process as it is created.
Agency policies can also affect interpretation of regulations.
How can you participate in the modification of administrative law? Correct answer-Directly
participate by comments on rules. Suggest rules. Get on a council/commission board.
Common Law or Case Law Correct answer-A body of law that is bases on custom and general
principles and embodies in case law and that serves as precedent or is applies to situations not
covered by statute. The interpretation of constitutional, statutory and administrative law by the
courts. Soooo, put it all together and it is the body of law that is derived from judicial precedent.
How is common law/case law created? Correct answer-Arises from the interpretation of legal
principles (from other forms of law or extrapolation from other case law) by courts to the specific
situation before the court.