ACCT 2700 EVALUATION EXAM QUESTIONS AND
ANSWERS RATED A+
✔✔case of first impression - ✔✔a case without precedent- no other case is similar
enough to base the trial on another case's outcome
✔✔Example of overturning a precedent - ✔✔Roe v. Wade being overturned
- they went outside stare decisis to overturn the precedent of this case
✔✔there is never a guarantee in law
personal biases and history of the judge can come into effect - ✔✔Why can outcomes
of lawsuits not be predicted with certainty?
✔✔49 out of 50 states have
Louisiana is the exception
- follows civil law instead (Napoleonic law) as a result of French tradition - ✔✔Which
states have adopted the common law?
✔✔areas not covered by statutory law or administrative law - ✔✔Where does common
law govern?
✔✔to create amendments to the Constitution that that created a weak national
government and limited federal powers - ✔✔What is the purpose of the Bill of Rights?
✔✔shared power between the national and state governments, gave limited,
enumerated powers, gave all other powers to the states - ✔✔What did the constitution
do?
✔✔police powers - ✔✔powers retained by the states that the national government did
not take over
✔✔privileges and immunities clause - ✔✔A clause that prevents states from
discriminating against non-in-state citizens (able to charge higher rates for out-of-state
college students, outlaw voting of in-state elections)
✔✔full faith and credit clause - ✔✔A clause that requires states to enforce the laws and
court rulings of other states, especially concerning property, contracts, and criminal
proceedings; allows other states to arrest those who have a warrant for their arrest in
another state, and validates marriage licenses signed in another state
✔✔separation of powers - ✔✔a division of powers between the legislative, executive,
and judicial branches to provide a foundation that includes a series of checks and
balances of each branch's power
, ✔✔legislative branch - ✔✔Congress; create and enact laws
✔✔executive branch - ✔✔presidents/agencies; enforce laws
✔✔judicial branch - ✔✔courts; interpret laws
✔✔commerce clause - ✔✔A clause stating that Congress (federal gov) can regulate
interstate and international commerce; today the clause authorizes the national
government to regulate virtually any business enterprise, including intrastate businesses
and internet-based businesses
✔✔supremacy clause+federal preemption - ✔✔applies when the federal government
chooses to legislate in an area of shared powers with the state; a valid federal statute or
regulation will preempt a conflicting state or local statute;
✔✔1st amendment - ✔✔Freedom of speech- commercial speech (by businesses) is not
as protected as individual speech
✔✔4th amendment - ✔✔freedom from unreasonable searches and seizures
✔✔5th amendment - ✔✔right against self incrimination- only available to natural
persons (not corporations; due process- no person shall be deprived of life, liberty, or
property without due process
✔✔14th amendment - ✔✔equal protection (the gov must treat similarly situated
individuals in a similar manner but not equally: strict scrutiny, intermediate scrutiny,
rational basis
✔✔strict scrutiny - ✔✔race, national origin, citizenship
ex: the president must be a U.S.-born citizen to be able to run for the position
✔✔intermediate scrutiny - ✔✔gender, legitimacy
ex: Virginia Military Institute did not pass intermediate scrutiny and was changed from
an all-male institute to a co-ed institute
ex: the draft does pass intermediate scrutiny, so men who are 18+ can be drafted
✔✔rational basis - ✔✔economic or social welfare
ex: social security passed the rational basis test only for older generations
✔✔college admissions case - ✔✔resulted in college admissions no longer being based
on race, but rather an applicant must be treated based on his or her experiences as an
individual
*Sotomayer cited the 14th Amendment's equal protection clause
ANSWERS RATED A+
✔✔case of first impression - ✔✔a case without precedent- no other case is similar
enough to base the trial on another case's outcome
✔✔Example of overturning a precedent - ✔✔Roe v. Wade being overturned
- they went outside stare decisis to overturn the precedent of this case
✔✔there is never a guarantee in law
personal biases and history of the judge can come into effect - ✔✔Why can outcomes
of lawsuits not be predicted with certainty?
✔✔49 out of 50 states have
Louisiana is the exception
- follows civil law instead (Napoleonic law) as a result of French tradition - ✔✔Which
states have adopted the common law?
✔✔areas not covered by statutory law or administrative law - ✔✔Where does common
law govern?
✔✔to create amendments to the Constitution that that created a weak national
government and limited federal powers - ✔✔What is the purpose of the Bill of Rights?
✔✔shared power between the national and state governments, gave limited,
enumerated powers, gave all other powers to the states - ✔✔What did the constitution
do?
✔✔police powers - ✔✔powers retained by the states that the national government did
not take over
✔✔privileges and immunities clause - ✔✔A clause that prevents states from
discriminating against non-in-state citizens (able to charge higher rates for out-of-state
college students, outlaw voting of in-state elections)
✔✔full faith and credit clause - ✔✔A clause that requires states to enforce the laws and
court rulings of other states, especially concerning property, contracts, and criminal
proceedings; allows other states to arrest those who have a warrant for their arrest in
another state, and validates marriage licenses signed in another state
✔✔separation of powers - ✔✔a division of powers between the legislative, executive,
and judicial branches to provide a foundation that includes a series of checks and
balances of each branch's power
, ✔✔legislative branch - ✔✔Congress; create and enact laws
✔✔executive branch - ✔✔presidents/agencies; enforce laws
✔✔judicial branch - ✔✔courts; interpret laws
✔✔commerce clause - ✔✔A clause stating that Congress (federal gov) can regulate
interstate and international commerce; today the clause authorizes the national
government to regulate virtually any business enterprise, including intrastate businesses
and internet-based businesses
✔✔supremacy clause+federal preemption - ✔✔applies when the federal government
chooses to legislate in an area of shared powers with the state; a valid federal statute or
regulation will preempt a conflicting state or local statute;
✔✔1st amendment - ✔✔Freedom of speech- commercial speech (by businesses) is not
as protected as individual speech
✔✔4th amendment - ✔✔freedom from unreasonable searches and seizures
✔✔5th amendment - ✔✔right against self incrimination- only available to natural
persons (not corporations; due process- no person shall be deprived of life, liberty, or
property without due process
✔✔14th amendment - ✔✔equal protection (the gov must treat similarly situated
individuals in a similar manner but not equally: strict scrutiny, intermediate scrutiny,
rational basis
✔✔strict scrutiny - ✔✔race, national origin, citizenship
ex: the president must be a U.S.-born citizen to be able to run for the position
✔✔intermediate scrutiny - ✔✔gender, legitimacy
ex: Virginia Military Institute did not pass intermediate scrutiny and was changed from
an all-male institute to a co-ed institute
ex: the draft does pass intermediate scrutiny, so men who are 18+ can be drafted
✔✔rational basis - ✔✔economic or social welfare
ex: social security passed the rational basis test only for older generations
✔✔college admissions case - ✔✔resulted in college admissions no longer being based
on race, but rather an applicant must be treated based on his or her experiences as an
individual
*Sotomayer cited the 14th Amendment's equal protection clause
