BLAW 2301 (BCOR 2301) Law Midterm Exam With Complete
Solutions
1. Chapter 01 Chapter 01
2. Law Collection of rules that govern societies relations; they reflect values and beliefs
which are enforceable
3. Liability Responsibility for a debt/obligation
4. Primary VS Sec- Primary: Establishes law and it's creation
ondary Law Secondary: Source that summarizes/analyzes law
5. Four Sources of 1. Constitution
(Primary) Ameri- 2. Statutory
can Law 3. Administrative
4. Case/Common Doctrine
6. U.S. Constitution is True; no it's supreme law of the land and any law that conflicts will be deemed
supreme law of unconstitutional
the land (T/F); Can
it be taken-over by
another source of
law?
7. Each state has it's Yes
own constitution?
When is it supreme Doesn't conflict with US or Federal constitution and applies within the states
law of the state? borders
8. 3 Types of Consti- 1. US
tutional Laws 2. Federal
3. State
9. Local form of Ordinance
Statutory Law
, BLAW 2301 (BCOR 2301) Law Midterm Exam With Complete
Solutions
10. Important Federal Commerce Clause
Constitutional Law
in Business?
11. Commerce Clause Create standardization with commerce between states
12. Can the commerce No, only commerce between states
clause apply to
commerce within
the state
13. Statutory Law is Legislative
enacted by what
body?
14. If a statutory law All 50 states and can't conflict with US Constitution
is passed by con-
gress, who does
it apply to? Can
it conflict with the
constitution?
15. State Statute Only applies to state and can't conflict with state constitution or US constitution
or federal constitution
16. Ordinance Applies to town it was applied in and can't conflict with US constitution
17. Uniform Law Com- Independent organization to address standardization by making uniform laws
mission (Nation- (model statutes)
al Conference of
Commissioners)
18. No; it's only a model
, BLAW 2301 (BCOR 2301) Law Midterm Exam With Complete
Solutions
Do states need to
adopt the model
statute?
19. When does a Mod- When the state's legislature passes it
el Statute become
a state statute? Note: It can be partially adopted
20. Administrative Rules, Orders and Decisions created by administrative agencies at any level
Law (Federal, State or Local) to carry out
21. How are agencies Created by legislatures to do certain tasks through enabling legislation
created?
22. Enabling Legisla- Specifies the agency's name, composition, purpose and powers
tion
23. 3 Powers Agencies 1. Rule Making
CAN get 2. Enforcement/Investigation
3. Adjudication - Conduct mini-trial by Admin Judge
24. Rule Making Amend/Create A Regulation
25. Enforcement/In- Subpoena Powers and Enforces it's own rules
vestigation
26. Adjudication Conduct mini-trial by Admin Judge
27. Two Agency Rules 1. Legislative Rules
2. Interpretive Rules
28. Legislative Agency Rule with same weight as a congressionally enacted statute
Rule
Solutions
1. Chapter 01 Chapter 01
2. Law Collection of rules that govern societies relations; they reflect values and beliefs
which are enforceable
3. Liability Responsibility for a debt/obligation
4. Primary VS Sec- Primary: Establishes law and it's creation
ondary Law Secondary: Source that summarizes/analyzes law
5. Four Sources of 1. Constitution
(Primary) Ameri- 2. Statutory
can Law 3. Administrative
4. Case/Common Doctrine
6. U.S. Constitution is True; no it's supreme law of the land and any law that conflicts will be deemed
supreme law of unconstitutional
the land (T/F); Can
it be taken-over by
another source of
law?
7. Each state has it's Yes
own constitution?
When is it supreme Doesn't conflict with US or Federal constitution and applies within the states
law of the state? borders
8. 3 Types of Consti- 1. US
tutional Laws 2. Federal
3. State
9. Local form of Ordinance
Statutory Law
, BLAW 2301 (BCOR 2301) Law Midterm Exam With Complete
Solutions
10. Important Federal Commerce Clause
Constitutional Law
in Business?
11. Commerce Clause Create standardization with commerce between states
12. Can the commerce No, only commerce between states
clause apply to
commerce within
the state
13. Statutory Law is Legislative
enacted by what
body?
14. If a statutory law All 50 states and can't conflict with US Constitution
is passed by con-
gress, who does
it apply to? Can
it conflict with the
constitution?
15. State Statute Only applies to state and can't conflict with state constitution or US constitution
or federal constitution
16. Ordinance Applies to town it was applied in and can't conflict with US constitution
17. Uniform Law Com- Independent organization to address standardization by making uniform laws
mission (Nation- (model statutes)
al Conference of
Commissioners)
18. No; it's only a model
, BLAW 2301 (BCOR 2301) Law Midterm Exam With Complete
Solutions
Do states need to
adopt the model
statute?
19. When does a Mod- When the state's legislature passes it
el Statute become
a state statute? Note: It can be partially adopted
20. Administrative Rules, Orders and Decisions created by administrative agencies at any level
Law (Federal, State or Local) to carry out
21. How are agencies Created by legislatures to do certain tasks through enabling legislation
created?
22. Enabling Legisla- Specifies the agency's name, composition, purpose and powers
tion
23. 3 Powers Agencies 1. Rule Making
CAN get 2. Enforcement/Investigation
3. Adjudication - Conduct mini-trial by Admin Judge
24. Rule Making Amend/Create A Regulation
25. Enforcement/In- Subpoena Powers and Enforces it's own rules
vestigation
26. Adjudication Conduct mini-trial by Admin Judge
27. Two Agency Rules 1. Legislative Rules
2. Interpretive Rules
28. Legislative Agency Rule with same weight as a congressionally enacted statute
Rule
