BUL - 2241 Midterm Study Guide Exam With
Complete Solutions
The holding in the case of Brown vs Board of Education dealt with
_______________________ - ANSWER Separate but equal educational
opportunities. (Page 5- the justices ruled that the doctrine of separate but equal
had no place in our education system)
English common law was law developed by judges who issued their opinions
when deciding cases T/F - ANSWER True (Page 9- the principles announced in
these cases became precedents)
The Federal Statutes are the supreme law of the land T/F - ANSWER False (Page
11- The Constitution is the Supreme Law of the land)
Executive orders are passed by the state and federal legislatures T/F - ANSWER
False (Page 13 Executive orders are passed by the executive branch- governors
and the President)
The doctrine of stare decisis - ANSWER is based on common law tradition,
works with case law decided by judges, and creates consistency through the
use of precedents.
Valid federal laws take precedence over any conflicting state or local laws T/F -
ANSWER True (page 15- federal pre-emption doctrine)
Federal Preemption - ANSWER a principle asserting the supremacy of federal
legislation over state legislation when both pertain to the same matter
Congress is empowered by the Commerce Clause of the Constitution to enact
federal statutes to regulate foreign, but not interstate, commerce. T/F - ANSWER
False (Congress is empowered by the Commerce Clause to regulate foreign and
interstate commerce.)
Commerce Clause - ANSWER Clause stating that Congress can regulate
interstate and international commerce.
There are two major court systems in the United States the federal court and the
bankruptcy courts T/F - ANSWER False (Page 37- the two major courts are the
federal court and the state courts in the 50 different states)
, US District Courts are trial courts and the US courts of Appeals hear appeals
from the US District Courts - ANSWER True
US Supreme Court justices are appointed by the president and then affirmed
every 4 years by a vote of the general population T/F - ANSWER False (Page 44-
they are appointed by the president and confirmed by the Senate)
Courts of Limited Jurisdiction include - ANSWER US Tax Court, US Bankruptcy
Court, and Court of International Trade
A federal question case arises under the US Constitution, treaties, or federal
statutes and regulations - ANSWER True (Page 47- jurisdiction of the federal
courts)
Jurisdiction of Federal Courts - ANSWER *Cases involving federal law
*Cases involving treaties U.S. has ratified
*Cases involving interpretation of the U.S. Constitution
Offensive speech and obscene speech are the same. T/F - ANSWER False
Obscene Speech is protected. - ANSWER False
The Horne case deals with - ANSWER Governmental takings. At the time it was
about Corn
Which of the following is a standard of constitutional review? - ANSWER Rational
Basis Test, Intermediate Scrutiny, and Intense Scrutiny
rational basis test - ANSWER The lowest-level standard used by the Supreme
Court to determine whether a law is compatible with the Constitution. A law
subject to this standard is assumed to be constitutional as long as its goals are
clearly linked to its means.
Intermediate Scrutiny Test - ANSWER The middle level of scrutiny the courts use
when determining whether unequal treatment is justified by the effect of a law;
this is the standard used for gender-based discrimination cases and for many
cases based on sexual orientation.
OSHA - the Occupational Health and Safety Administration is an example of a
state administrative agency T/F - ANSWER False (page 56- OSHA is a federal
administrative agency)
Businesses that are organized in the United States are subject to its laws, but
not to the laws of other countries in which they do business. T/F - ANSWER False
Complete Solutions
The holding in the case of Brown vs Board of Education dealt with
_______________________ - ANSWER Separate but equal educational
opportunities. (Page 5- the justices ruled that the doctrine of separate but equal
had no place in our education system)
English common law was law developed by judges who issued their opinions
when deciding cases T/F - ANSWER True (Page 9- the principles announced in
these cases became precedents)
The Federal Statutes are the supreme law of the land T/F - ANSWER False (Page
11- The Constitution is the Supreme Law of the land)
Executive orders are passed by the state and federal legislatures T/F - ANSWER
False (Page 13 Executive orders are passed by the executive branch- governors
and the President)
The doctrine of stare decisis - ANSWER is based on common law tradition,
works with case law decided by judges, and creates consistency through the
use of precedents.
Valid federal laws take precedence over any conflicting state or local laws T/F -
ANSWER True (page 15- federal pre-emption doctrine)
Federal Preemption - ANSWER a principle asserting the supremacy of federal
legislation over state legislation when both pertain to the same matter
Congress is empowered by the Commerce Clause of the Constitution to enact
federal statutes to regulate foreign, but not interstate, commerce. T/F - ANSWER
False (Congress is empowered by the Commerce Clause to regulate foreign and
interstate commerce.)
Commerce Clause - ANSWER Clause stating that Congress can regulate
interstate and international commerce.
There are two major court systems in the United States the federal court and the
bankruptcy courts T/F - ANSWER False (Page 37- the two major courts are the
federal court and the state courts in the 50 different states)
, US District Courts are trial courts and the US courts of Appeals hear appeals
from the US District Courts - ANSWER True
US Supreme Court justices are appointed by the president and then affirmed
every 4 years by a vote of the general population T/F - ANSWER False (Page 44-
they are appointed by the president and confirmed by the Senate)
Courts of Limited Jurisdiction include - ANSWER US Tax Court, US Bankruptcy
Court, and Court of International Trade
A federal question case arises under the US Constitution, treaties, or federal
statutes and regulations - ANSWER True (Page 47- jurisdiction of the federal
courts)
Jurisdiction of Federal Courts - ANSWER *Cases involving federal law
*Cases involving treaties U.S. has ratified
*Cases involving interpretation of the U.S. Constitution
Offensive speech and obscene speech are the same. T/F - ANSWER False
Obscene Speech is protected. - ANSWER False
The Horne case deals with - ANSWER Governmental takings. At the time it was
about Corn
Which of the following is a standard of constitutional review? - ANSWER Rational
Basis Test, Intermediate Scrutiny, and Intense Scrutiny
rational basis test - ANSWER The lowest-level standard used by the Supreme
Court to determine whether a law is compatible with the Constitution. A law
subject to this standard is assumed to be constitutional as long as its goals are
clearly linked to its means.
Intermediate Scrutiny Test - ANSWER The middle level of scrutiny the courts use
when determining whether unequal treatment is justified by the effect of a law;
this is the standard used for gender-based discrimination cases and for many
cases based on sexual orientation.
OSHA - the Occupational Health and Safety Administration is an example of a
state administrative agency T/F - ANSWER False (page 56- OSHA is a federal
administrative agency)
Businesses that are organized in the United States are subject to its laws, but
not to the laws of other countries in which they do business. T/F - ANSWER False
