BULE EXAM STUDY GUIDE QUESTIONS WITH COMPLETE
SOLUTIONS
What is law? what is the purpose of law? -- Answer ✔✔ - enforced via legal system
- purpose: standards, accountability, justice, security, protection, punishment
Criminal Law -- Answer ✔✔ The branch of law that defines and punishes wrongful
actions committed against the public.
Cyberlaw -- Answer ✔✔ An informal term used to refer to all laws governing electronic
communications and transactions, conducted via the Internet.
jurisprudence -- Answer ✔✔ the science or philosophy of law
Persuasive Authority -- Answer ✔✔ Any legal authority or source of law that a court
may look to for guidance but need not follow when making its decision.
Procedural Law -- Answer ✔✔ Law that establishes the methods of enforcing the rights
established by substantive law.
stare decisis -- Answer ✔✔ A common law doctrine under which judges are obligated
to follow the precedents established in prior decisions
,Statutory Law -- Answer ✔✔ The body of law enacted by legislative bodies (as opposed
to constitutional law, administrative law, or case law).
Substantive Law -- Answer ✔✔ Law that defines, describes, regulates, and creates legal
rights and obligations.
Substantive Law vs. Procedural Law -- Answer ✔✔ Substantive Law: Defines legal
relationship of people with other people or between them and the state.
Procedural Law: The method and means by which substantive law is made and
administered.
Uniform Law -- Answer ✔✔ A model law developed by the National Conference of
Commissioners on Uniform State Laws for the states to consider enacting into statute.
in both civil and criminal cases the defendant has ________________
________________________ unless they file a counter claim -- Answer ✔✔ in both
civil and criminal cases the defendant has **NO BURDEN OF PROOF** unless they file
a counter claim
true or false
In 90% of appeals the appellate court affirms what happens at trial court? -- Answer ✔✔
true
In 90% of appeals the appellate court affirms what happens at trial court
what does it mean to remand a case? -- Answer ✔✔ kick case back down to trial court
to retry a case again
,From a business owners perspective, what factors might contribute to your decision
whether to participate in litigation? -- Answer ✔✔ - reputation
- time
- outcome (Probability of win/loss)
- lost work time
- money/cost
- public nature of litigation
- unpredictability of legal system
- no precedent if no trial
Alternative Dispute Resolutions -- Answer ✔✔ negotiation:
- informal discussion w/goal of resolving case *W/O 3rd party intervention*. (can be
with or without attorneys)
mediation:
- neutral party (mediator) assists parties in the negotiation
- not popular in business disputes
arbitration:
- neutral third party (arbitrator) renders a legally-binding decision
- many business and employment disputes utilize this method
- decision is final, short time, legally binding, and private
Federal form of Government -- Answer ✔✔ - system where power is shared between
central governing authority (federal) and smaller political units (states)
- national government *has limited enumerated powers* as defined by the Constitution
, Separation of Powers: 3 branches that provide checks and balances -- Answer ✔✔
legislative:
- congress
- creates laws
executive:
- president/agencies
- enforces laws
judicial
- federal courts
- interprets laws
Commerce Clause (Article 1, Section 8) -- Answer ✔✔ - creates congress/legislative
branch
- grants congress power to regulate " commerce among the several states (interstate
commerce) defined in Gibbons v Ogden (1824) as activities that substantially affect
interstate commerce"
commerce clause today:
- national government can regulate most business activities
- why? b/c of GIbbons v Ogden; intrastate commerce affects interstate commerce
Supremacy Clause (Article VI) -- Answer ✔✔ - all federal laws, the Constitution, and
treaties "shall be the supreme law of the land"
- in case of direct conflict between state and federal law, state law is invalid
SOLUTIONS
What is law? what is the purpose of law? -- Answer ✔✔ - enforced via legal system
- purpose: standards, accountability, justice, security, protection, punishment
Criminal Law -- Answer ✔✔ The branch of law that defines and punishes wrongful
actions committed against the public.
Cyberlaw -- Answer ✔✔ An informal term used to refer to all laws governing electronic
communications and transactions, conducted via the Internet.
jurisprudence -- Answer ✔✔ the science or philosophy of law
Persuasive Authority -- Answer ✔✔ Any legal authority or source of law that a court
may look to for guidance but need not follow when making its decision.
Procedural Law -- Answer ✔✔ Law that establishes the methods of enforcing the rights
established by substantive law.
stare decisis -- Answer ✔✔ A common law doctrine under which judges are obligated
to follow the precedents established in prior decisions
,Statutory Law -- Answer ✔✔ The body of law enacted by legislative bodies (as opposed
to constitutional law, administrative law, or case law).
Substantive Law -- Answer ✔✔ Law that defines, describes, regulates, and creates legal
rights and obligations.
Substantive Law vs. Procedural Law -- Answer ✔✔ Substantive Law: Defines legal
relationship of people with other people or between them and the state.
Procedural Law: The method and means by which substantive law is made and
administered.
Uniform Law -- Answer ✔✔ A model law developed by the National Conference of
Commissioners on Uniform State Laws for the states to consider enacting into statute.
in both civil and criminal cases the defendant has ________________
________________________ unless they file a counter claim -- Answer ✔✔ in both
civil and criminal cases the defendant has **NO BURDEN OF PROOF** unless they file
a counter claim
true or false
In 90% of appeals the appellate court affirms what happens at trial court? -- Answer ✔✔
true
In 90% of appeals the appellate court affirms what happens at trial court
what does it mean to remand a case? -- Answer ✔✔ kick case back down to trial court
to retry a case again
,From a business owners perspective, what factors might contribute to your decision
whether to participate in litigation? -- Answer ✔✔ - reputation
- time
- outcome (Probability of win/loss)
- lost work time
- money/cost
- public nature of litigation
- unpredictability of legal system
- no precedent if no trial
Alternative Dispute Resolutions -- Answer ✔✔ negotiation:
- informal discussion w/goal of resolving case *W/O 3rd party intervention*. (can be
with or without attorneys)
mediation:
- neutral party (mediator) assists parties in the negotiation
- not popular in business disputes
arbitration:
- neutral third party (arbitrator) renders a legally-binding decision
- many business and employment disputes utilize this method
- decision is final, short time, legally binding, and private
Federal form of Government -- Answer ✔✔ - system where power is shared between
central governing authority (federal) and smaller political units (states)
- national government *has limited enumerated powers* as defined by the Constitution
, Separation of Powers: 3 branches that provide checks and balances -- Answer ✔✔
legislative:
- congress
- creates laws
executive:
- president/agencies
- enforces laws
judicial
- federal courts
- interprets laws
Commerce Clause (Article 1, Section 8) -- Answer ✔✔ - creates congress/legislative
branch
- grants congress power to regulate " commerce among the several states (interstate
commerce) defined in Gibbons v Ogden (1824) as activities that substantially affect
interstate commerce"
commerce clause today:
- national government can regulate most business activities
- why? b/c of GIbbons v Ogden; intrastate commerce affects interstate commerce
Supremacy Clause (Article VI) -- Answer ✔✔ - all federal laws, the Constitution, and
treaties "shall be the supreme law of the land"
- in case of direct conflict between state and federal law, state law is invalid
