USF BUL3320 KATZ EXAM 1
QUESTIONS AND ANSWERS
What is law? - answer- enforceable rules governing relationships among individuals
and between individuals and their societies
Where do we find laws? - answer- constitutions, statutes, regulations, common law
Sources of Law - answer- Constitutional, Statutory, Administrative, Common
Sources of Law: US Constitution - answer- Highest Level of Law
Article VI - This Constitution, and the Laws of the United States which
shall be made in pursuance thereof; and all treaties made, or which
shall be made, under the authority of the United States, shall be the
supreme law of the land; and the judges in every state shall be bound
thereby, anything in the constitution or laws of any state to the
contrary notwithstanding.
•Constitution and Federal Law Supreme Law of the Land
•All laws (Federal and State) Must be Consistent with It
•Judges in States Bound by U.S Constitution and Federal Laws Even if
the State Constitution or State
Laws Are Contrary to It
U.S. Constitution Key Provisions - answer- Establishes Three Branches of the
Federal Government, How
They Operate and Extent of Authority
•Executive - President
•Legislative - Congress
•Judicial - Courts
•Bill of Rights
•Tenth Amendment - States Have Powers No Specifically Granted
to Federal Government
Sources of Law: Federal Statutory Law - answer- Congress Creates Law - United
States Statutes At Large
•Must Pass Both Houses - House of Representatives and Senate
•Signed by President - Becomes Law
Where is federal statutory law and how is it organized? - answer- - U.S. Statutes of
Law is Found in the U.S. Code
•Laws Are Divided by Subject and Assigned a Number.
Example: Title 15 - Commerce and Trade
Example: Title 26 - Internal Revenue Code
Example: Title 11 - Bankruptcy Code
Title 11 U.S. bankruptcy code - answer- a Federal Process by Which a Debtor
Can Petition to Have Certain Debt Discharged and
,Forgiven.
All Sections/Provisions Related to Bankruptcy are in
Title 11 of the U.S. Code.
Each Section is a Federal Statutory Provision
Title 26 in the U.S. Code - answer- a)MARRIED INDIVIDUALS FILING JOINT
RETURNS
AND SURVIVING SPOUSES There is hereby imposed on
the taxable income of—(1)every married individual (as
defined in section 7703) who makes a single return jointly
with his spouse under section 6013, and
(2)every surviving spouse (as defined in section 2(a)),
Section 1 of Internal Revenue Code Is A Federal Statute
Role of the US Attorney? - answer- Role of United States Attorney - 28 U.S.C. § 547
(1) prosecute criminal cases brought by
the federal government; (2) prosecute or defend civil cases where the United States
is a party; and
(3) collect debts owed to the federal government when administrative agencies are
unable to do so.
Role of US Attorney General - answer- Responsible for legal jursidictions, law
enforcement
federal courts jurisdiction - answer- Federal courts have jurisdiction to hear cases
involving laws that may be unconstitutional,
disputes between two states and other certain specialized cases.
What happens when federal statutory law found to be unconstitutional? - answer-
What Happens When Federal Statutory Law Found to Be
Unconstitutional?
Congress Passes a Law Prohibiting the Publication of All Comic Books
Marvel is Prosecuted for Violating Law by Publishing These Comic Books
A Federal Court Would Determine That the Law Is Unconstitutional as Violating Free
Speech
Law Unconstitutional, Unenforceable and Void
state statutory law - answer- Each State Is Autonomous
Has Own Constitution
Enacts Own Statutory Laws
•Pass State House and State Senate
•Signed by the Governor - Becomes
Law
,State Constitution Cannot Violate U.S. Constitution
State Law Cannot Violate State Constitution
State Criminal Laws Enforced by State Attorney General or
Deputy AG in State Court (Not Federal Court)
State Court Cannot Enforce State Law That Violates Either
the U.S. Constitution or the State Constitution
Tenth Amendment - answer- The powers not delegated to the United States by the
constitution, nor prohibited by it to the states, are reserved to the states respectively,
or to the people.
Supremacy Clause - answer- Based on Article VI of
Constitution - U.S Constitution (Federal Law)
is Supreme Law of the Land
Preemption - answer- If State Law Conflicts with
Federal Law - Federal Law Preempts State
Law
Federal Courts - answer- Has Authority to Require States
to Enforce Federal Law
state autonomy - answer- All States Autonomous Yet Business is Conducted
in Multiple States.
Lack of Uniformity Can be an Issue Hampering
Multi-State Commerce.
Uniform Codes Dealing with Various Subjects
Drafted by the National Conference of
Commissioners on Uniform State Laws
Each State Adopts the Applicable Uniform Code
With or Without Modifications As State Legislature
Sees Fit. Not Mandatory.
Uniform Commercial Code (UCC) - answer- Deals with Commercial
Transactions. All States Have
Adopted All or Part of the
Model UCC.
adopted by different states not necessarily identical
Conflict of Federal and Local Law - answer- Federal Statute:
Anti-Blue Beverage
Discrimination Act -
Prohibits Ban on Sale
of Blue Beverages
State Statute:
All Sales of Blue
Beverages Prohibited
, State Statute - answer- Laws Found in the State Code
• Laws Are Divided by Subject and Assigned a Number.
Local Law and Ordinances - answer- State Laws Tend to Be General
• States Allow Counties, Cities, Etc. to Enact Laws Specific to Those Communities
• Example: Zoning Laws, Traffic Laws, Business Licenses, Etc.
Local Laws Referred to As Ordinances Enacted by Local Governmental Bodies -
County
Commissioners - City Council
Who enforces federal law - answer- Enforced by Governmental Agencies; FBI, IRS,
ICE, ATF, DEA
Securities and exchange statutory laws - answer- Enforced by the Securities and
Exchange Commission
Internal revenue statutory laws - answer- Enforced by the Internal Revenue Service
Administrative law - answer- Regulations Issued by Federal Agencies Are Not
Statutory Law - Because Not Enacted
by Congress
• Written by Administrative Agencies Authorized to Enforce Applicable Statutory Law
• Explain and Elaborate On Statutory Law To Provide Understanding of How Law
Works
• Promulgation of Regulations Authorized by Congress
• Published in the Federal Register
• Although Not Statutory Law, Courts Treat Regulations the Same as Statutory Law
Example of code section (statue) and regulation - answer- Section 61(a) of Internal
Revenue Code
Gross income means all income
from whatever source derived
26 CFR § 1.61-1
Gross income means all income from
whatever source derived . . . Gross
income includes income realized in any
form, whether in money, property or
services. Income may be realized,
therefore, in the form of services, meals,
accommodations, stock or other
property, as well as cash.
Where do legal rights come from? - answer- they come from the creation and
acceptance of a governing body with a system of laws
Common law fills the void of lack of statutory law - answer- Until Recently No State
Statutory Law Regarding Torts or Contracts.
• What are the Elements of a Tort?
• What Damages Is the Injured Party Entitled to Receive?
• What is an Enforceable Contract?
QUESTIONS AND ANSWERS
What is law? - answer- enforceable rules governing relationships among individuals
and between individuals and their societies
Where do we find laws? - answer- constitutions, statutes, regulations, common law
Sources of Law - answer- Constitutional, Statutory, Administrative, Common
Sources of Law: US Constitution - answer- Highest Level of Law
Article VI - This Constitution, and the Laws of the United States which
shall be made in pursuance thereof; and all treaties made, or which
shall be made, under the authority of the United States, shall be the
supreme law of the land; and the judges in every state shall be bound
thereby, anything in the constitution or laws of any state to the
contrary notwithstanding.
•Constitution and Federal Law Supreme Law of the Land
•All laws (Federal and State) Must be Consistent with It
•Judges in States Bound by U.S Constitution and Federal Laws Even if
the State Constitution or State
Laws Are Contrary to It
U.S. Constitution Key Provisions - answer- Establishes Three Branches of the
Federal Government, How
They Operate and Extent of Authority
•Executive - President
•Legislative - Congress
•Judicial - Courts
•Bill of Rights
•Tenth Amendment - States Have Powers No Specifically Granted
to Federal Government
Sources of Law: Federal Statutory Law - answer- Congress Creates Law - United
States Statutes At Large
•Must Pass Both Houses - House of Representatives and Senate
•Signed by President - Becomes Law
Where is federal statutory law and how is it organized? - answer- - U.S. Statutes of
Law is Found in the U.S. Code
•Laws Are Divided by Subject and Assigned a Number.
Example: Title 15 - Commerce and Trade
Example: Title 26 - Internal Revenue Code
Example: Title 11 - Bankruptcy Code
Title 11 U.S. bankruptcy code - answer- a Federal Process by Which a Debtor
Can Petition to Have Certain Debt Discharged and
,Forgiven.
All Sections/Provisions Related to Bankruptcy are in
Title 11 of the U.S. Code.
Each Section is a Federal Statutory Provision
Title 26 in the U.S. Code - answer- a)MARRIED INDIVIDUALS FILING JOINT
RETURNS
AND SURVIVING SPOUSES There is hereby imposed on
the taxable income of—(1)every married individual (as
defined in section 7703) who makes a single return jointly
with his spouse under section 6013, and
(2)every surviving spouse (as defined in section 2(a)),
Section 1 of Internal Revenue Code Is A Federal Statute
Role of the US Attorney? - answer- Role of United States Attorney - 28 U.S.C. § 547
(1) prosecute criminal cases brought by
the federal government; (2) prosecute or defend civil cases where the United States
is a party; and
(3) collect debts owed to the federal government when administrative agencies are
unable to do so.
Role of US Attorney General - answer- Responsible for legal jursidictions, law
enforcement
federal courts jurisdiction - answer- Federal courts have jurisdiction to hear cases
involving laws that may be unconstitutional,
disputes between two states and other certain specialized cases.
What happens when federal statutory law found to be unconstitutional? - answer-
What Happens When Federal Statutory Law Found to Be
Unconstitutional?
Congress Passes a Law Prohibiting the Publication of All Comic Books
Marvel is Prosecuted for Violating Law by Publishing These Comic Books
A Federal Court Would Determine That the Law Is Unconstitutional as Violating Free
Speech
Law Unconstitutional, Unenforceable and Void
state statutory law - answer- Each State Is Autonomous
Has Own Constitution
Enacts Own Statutory Laws
•Pass State House and State Senate
•Signed by the Governor - Becomes
Law
,State Constitution Cannot Violate U.S. Constitution
State Law Cannot Violate State Constitution
State Criminal Laws Enforced by State Attorney General or
Deputy AG in State Court (Not Federal Court)
State Court Cannot Enforce State Law That Violates Either
the U.S. Constitution or the State Constitution
Tenth Amendment - answer- The powers not delegated to the United States by the
constitution, nor prohibited by it to the states, are reserved to the states respectively,
or to the people.
Supremacy Clause - answer- Based on Article VI of
Constitution - U.S Constitution (Federal Law)
is Supreme Law of the Land
Preemption - answer- If State Law Conflicts with
Federal Law - Federal Law Preempts State
Law
Federal Courts - answer- Has Authority to Require States
to Enforce Federal Law
state autonomy - answer- All States Autonomous Yet Business is Conducted
in Multiple States.
Lack of Uniformity Can be an Issue Hampering
Multi-State Commerce.
Uniform Codes Dealing with Various Subjects
Drafted by the National Conference of
Commissioners on Uniform State Laws
Each State Adopts the Applicable Uniform Code
With or Without Modifications As State Legislature
Sees Fit. Not Mandatory.
Uniform Commercial Code (UCC) - answer- Deals with Commercial
Transactions. All States Have
Adopted All or Part of the
Model UCC.
adopted by different states not necessarily identical
Conflict of Federal and Local Law - answer- Federal Statute:
Anti-Blue Beverage
Discrimination Act -
Prohibits Ban on Sale
of Blue Beverages
State Statute:
All Sales of Blue
Beverages Prohibited
, State Statute - answer- Laws Found in the State Code
• Laws Are Divided by Subject and Assigned a Number.
Local Law and Ordinances - answer- State Laws Tend to Be General
• States Allow Counties, Cities, Etc. to Enact Laws Specific to Those Communities
• Example: Zoning Laws, Traffic Laws, Business Licenses, Etc.
Local Laws Referred to As Ordinances Enacted by Local Governmental Bodies -
County
Commissioners - City Council
Who enforces federal law - answer- Enforced by Governmental Agencies; FBI, IRS,
ICE, ATF, DEA
Securities and exchange statutory laws - answer- Enforced by the Securities and
Exchange Commission
Internal revenue statutory laws - answer- Enforced by the Internal Revenue Service
Administrative law - answer- Regulations Issued by Federal Agencies Are Not
Statutory Law - Because Not Enacted
by Congress
• Written by Administrative Agencies Authorized to Enforce Applicable Statutory Law
• Explain and Elaborate On Statutory Law To Provide Understanding of How Law
Works
• Promulgation of Regulations Authorized by Congress
• Published in the Federal Register
• Although Not Statutory Law, Courts Treat Regulations the Same as Statutory Law
Example of code section (statue) and regulation - answer- Section 61(a) of Internal
Revenue Code
Gross income means all income
from whatever source derived
26 CFR § 1.61-1
Gross income means all income from
whatever source derived . . . Gross
income includes income realized in any
form, whether in money, property or
services. Income may be realized,
therefore, in the form of services, meals,
accommodations, stock or other
property, as well as cash.
Where do legal rights come from? - answer- they come from the creation and
acceptance of a governing body with a system of laws
Common law fills the void of lack of statutory law - answer- Until Recently No State
Statutory Law Regarding Torts or Contracts.
• What are the Elements of a Tort?
• What Damages Is the Injured Party Entitled to Receive?
• What is an Enforceable Contract?
