Business Law Baylor- Martha Agee – Final Exam
2025-2026
Questions and Correct Answers Graded A+
What are the functions of law - answer--to resolve disputes, protect property,
preserve the state (government)
Substantive law - answer--creates, defines, and regulates legal rights and duties
Procedural law (process) - answer--sets forth rules of enforcing those rights that
are created by the substantive laws
Public law - answer--laws that deal with the government's rights and powers and
it relationship to individuals or groups
Private law - answer--part of substantive law governing individuals and legal
entities (such as corporations) in their relationship with one another
Civil law (private) - answer--defendant must be proved guilty with the
preponderance of the evidence
Criminal law (public) - answer--defendant must be proved guilty beyond
reasonable doubt
Judicial review - answer--Allows the court to determine the constitutionality of
laws
,stare decisis - answer--"let the decision stand"
equitable remedies - answer--Injunctions, precision, restitution, and any other
relief which the court deems proper
restatement of law - answer--summaries of the common law; covers many areas;
it is persuasive but not binding on courts
Legislative law - answer--Law created by lawmaking bodies such as Congress and
state assemblies. Also called statutory law.
Uniform laws - answer--state statutes that have been passed to promote
uniformity in some areas of the law. EX: UCC
Administrative law - answer--Branch of public law, governs powers and procedures
of governmental entities. Law is created by administrative agencies in forms of
rules, regulations and order
Case citation - answer--Name of plaintiff and defendant, volume and page of
reporter, and year of decision
Court system order - answer--(District) Trial courts -> Courts of Appeals ->
Supreme court
Inferior courts - answer--Municipal, justice of the peace, small claims
, Special Courts - answer--US court of claims, US bankruptcy court, US Tax court.
Usually have exclusive federal jurisdiction for particular type of case
Subject matter Jurisdiction - answer--"will the case be tried in federal or state
court?"
Jurisdiction over parties - answer--"will the judgement of the court be binding on
the parties?"
3 kinds of SMJ - answer--Exclusive Federal jurisdiction, Concurrent jurisdiction,
Exclusive State jurisdiction
Exclusive Federal Jurisdiction - answer--if ONLY a federal court can decide
controversy, then have EXCLUSIVE federal jurisdiction
Concurrent Jurisdiction - answer--if EITHER state court or federal can decide case,
then have CONCURRENT jurisdiction. 2 situations of concurrent jurisdiction
Federal question (concurrent) - answer--the dispute arises under the US
constitution, federal statutes that do NOT require exclusive federal jurisdiction, or
treaties. Ex: First Amendment violation (freedom of speech); Title VII
discrimination law
Diversity of citizenship (concurrent) - answer--Normally occurs when plaintiff &
defendant are citizens of different states; to avoid "home court" advantage
2025-2026
Questions and Correct Answers Graded A+
What are the functions of law - answer--to resolve disputes, protect property,
preserve the state (government)
Substantive law - answer--creates, defines, and regulates legal rights and duties
Procedural law (process) - answer--sets forth rules of enforcing those rights that
are created by the substantive laws
Public law - answer--laws that deal with the government's rights and powers and
it relationship to individuals or groups
Private law - answer--part of substantive law governing individuals and legal
entities (such as corporations) in their relationship with one another
Civil law (private) - answer--defendant must be proved guilty with the
preponderance of the evidence
Criminal law (public) - answer--defendant must be proved guilty beyond
reasonable doubt
Judicial review - answer--Allows the court to determine the constitutionality of
laws
,stare decisis - answer--"let the decision stand"
equitable remedies - answer--Injunctions, precision, restitution, and any other
relief which the court deems proper
restatement of law - answer--summaries of the common law; covers many areas;
it is persuasive but not binding on courts
Legislative law - answer--Law created by lawmaking bodies such as Congress and
state assemblies. Also called statutory law.
Uniform laws - answer--state statutes that have been passed to promote
uniformity in some areas of the law. EX: UCC
Administrative law - answer--Branch of public law, governs powers and procedures
of governmental entities. Law is created by administrative agencies in forms of
rules, regulations and order
Case citation - answer--Name of plaintiff and defendant, volume and page of
reporter, and year of decision
Court system order - answer--(District) Trial courts -> Courts of Appeals ->
Supreme court
Inferior courts - answer--Municipal, justice of the peace, small claims
, Special Courts - answer--US court of claims, US bankruptcy court, US Tax court.
Usually have exclusive federal jurisdiction for particular type of case
Subject matter Jurisdiction - answer--"will the case be tried in federal or state
court?"
Jurisdiction over parties - answer--"will the judgement of the court be binding on
the parties?"
3 kinds of SMJ - answer--Exclusive Federal jurisdiction, Concurrent jurisdiction,
Exclusive State jurisdiction
Exclusive Federal Jurisdiction - answer--if ONLY a federal court can decide
controversy, then have EXCLUSIVE federal jurisdiction
Concurrent Jurisdiction - answer--if EITHER state court or federal can decide case,
then have CONCURRENT jurisdiction. 2 situations of concurrent jurisdiction
Federal question (concurrent) - answer--the dispute arises under the US
constitution, federal statutes that do NOT require exclusive federal jurisdiction, or
treaties. Ex: First Amendment violation (freedom of speech); Title VII
discrimination law
Diversity of citizenship (concurrent) - answer--Normally occurs when plaintiff &
defendant are citizens of different states; to avoid "home court" advantage
