Law Exam 1 UPDATED QUESTIONS AND
CORRECT ANSWERS
What are Higher Education institutions governed by? - CORRECT ANSWER Internal and
External law
How are internal laws sourced? - CORRECT ANSWER Institutional rules and regulations
Institutional contracts
Academic Custom and usage
Federalism - CORRECT ANSWER Division of power between Federal and State Government
Separation of Power - CORRECT ANSWER Allocation of power between the Executive,
Legislative, and Judicial branches
A student at a public university in Arkansas challenges a free speech violation. Which court's
decisions provide controlling precedent? - CORRECT ANSWER The United States Supreme
Court, because the case involves federal constitutional law
Supremacy Clause - CORRECT ANSWER The US Constitution provides that federal law and
federal court are supreme over state law and state court interpretations
Loco Parentis - CORRECT ANSWER In place of the parent
Who is in the Executive Branch? - CORRECT ANSWER President
Who is in the Legislative Branch? - CORRECT ANSWER Congress (House of Representatives
and Senate)
Who is in the judicial branch? - CORRECT ANSWER Supreme Court
, How does Loco Parentis apply to institutions on higher education during the 19th and early century? -
CORRECT ANSWER Institutions acted in place of the parent
Sovereign Immunity - CORRECT ANSWER Protects that institutional from being sued in the
same state. Instrumentality of the State. Only for Public institutions
What takes the place of the court system for institutions? - CORRECT ANSWER Arkansas
State Commission
Negligence - CORRECT ANSWER Failure to behave with the level of care of someone of
ordinary would have exercise under the same circumstances
Four elements of negligence - CORRECT ANSWER Duty, Breach of Duty, Causation,
Damages caused
How are External laws sourced? - CORRECT ANSWER Federal/State Constitution,
Federal/State Statues, Administrative Rules and Regulations, Common Law, International Law
Why are private institution not fully subject to the U.S. Constitution? - CORRECT
ANSWER They are not Government institutions
What does the Constitution enacted to protect us from? - CORRECT ANSWER The
Government
What does the 1st Amendment protect? - CORRECT ANSWER Religion, Assembly, Press,
Petition, Speech
Where does private institutions get their rights from? - CORRECT ANSWER Internal rules and
regulations, contracts, statues, common law, state constitution. Anything but Federal constitution
Establishment Clause - CORRECT ANSWER Public institutions must remain a neutral stance
regarding religious beliefs
CORRECT ANSWERS
What are Higher Education institutions governed by? - CORRECT ANSWER Internal and
External law
How are internal laws sourced? - CORRECT ANSWER Institutional rules and regulations
Institutional contracts
Academic Custom and usage
Federalism - CORRECT ANSWER Division of power between Federal and State Government
Separation of Power - CORRECT ANSWER Allocation of power between the Executive,
Legislative, and Judicial branches
A student at a public university in Arkansas challenges a free speech violation. Which court's
decisions provide controlling precedent? - CORRECT ANSWER The United States Supreme
Court, because the case involves federal constitutional law
Supremacy Clause - CORRECT ANSWER The US Constitution provides that federal law and
federal court are supreme over state law and state court interpretations
Loco Parentis - CORRECT ANSWER In place of the parent
Who is in the Executive Branch? - CORRECT ANSWER President
Who is in the Legislative Branch? - CORRECT ANSWER Congress (House of Representatives
and Senate)
Who is in the judicial branch? - CORRECT ANSWER Supreme Court
, How does Loco Parentis apply to institutions on higher education during the 19th and early century? -
CORRECT ANSWER Institutions acted in place of the parent
Sovereign Immunity - CORRECT ANSWER Protects that institutional from being sued in the
same state. Instrumentality of the State. Only for Public institutions
What takes the place of the court system for institutions? - CORRECT ANSWER Arkansas
State Commission
Negligence - CORRECT ANSWER Failure to behave with the level of care of someone of
ordinary would have exercise under the same circumstances
Four elements of negligence - CORRECT ANSWER Duty, Breach of Duty, Causation,
Damages caused
How are External laws sourced? - CORRECT ANSWER Federal/State Constitution,
Federal/State Statues, Administrative Rules and Regulations, Common Law, International Law
Why are private institution not fully subject to the U.S. Constitution? - CORRECT
ANSWER They are not Government institutions
What does the Constitution enacted to protect us from? - CORRECT ANSWER The
Government
What does the 1st Amendment protect? - CORRECT ANSWER Religion, Assembly, Press,
Petition, Speech
Where does private institutions get their rights from? - CORRECT ANSWER Internal rules and
regulations, contracts, statues, common law, state constitution. Anything but Federal constitution
Establishment Clause - CORRECT ANSWER Public institutions must remain a neutral stance
regarding religious beliefs
