BUL5810 Exam #1 Woodyard
Difference of law and Justice - answer Separate and distinct concepts; justice is the fair,
equitable, and impartial treatment of competing interests with due regard for the
common good
Broke criminal law / who will prosecute - answer Prove beyond a reasonable doubt
State / Federal Government Prosecutes
Courts of law with money vs equity - answer Action of law is money
Action of equity is non-monetary
Know sources of law / who has supreme law Article 6 Clause 2 - answer Federal / State
Constitutions
Federal / State executive orders and statues
Regulation Agencies
Supreme Law of the land is the US constitution. Therefore federal legislation is
paramount to state's legislation.
Article 6 is the supremacy clause
Definition of a crime - answerAny act or omission that public law prohibits in the interest
of protecting the public
Administrative rules and regulations - answer4th branch of government - Judge, Jury,
and Executioner
Used for accommodating complexity of society, economics, and industrial life
Given power by congress - sunset clause for control
Stare decisis - answerTo stand by decisions - Prior decisions in higher courts hold
Legality / Morality - answerLaws provide sanctions, morals do not
Intersect but not completely overlapping
Immanuel Kant - answerDeontological - Address the practical problems of utilitarianism
(judge motives and actions, not just actions)
Asserted what he called the categorical imperative
Must posses potential to be made consistently applied for universal law
Respect the autonomy and rationality of all human beings and avoid treating them as an
expedient
Milton Friedman Ethical relativism - answerIndividuals must judge actions by what they
feel is right or wrong for themselves
, Believed in the categorical imperative. In order for something to be ethical, it must be
able to be applied 100%.
Sarbanes-Oxley - answerMade it a crime to defraud any person or to obtain any money
or property fraudulently in connection with any security of a public company
Mail/wire fraud falls into this and includes violation of the Securities and Exchange Act
Process to appoint someone to supreme court - answerNominated by the president
Senate Judiciary votes to send to full senate
Full senate votes for confirmation
Subject Matter Jurisdiction - answerAuthority of a court to decide a particular kind of
case
Exclusive Federal Jurisdiction: Federal courts have sole jurisdiction over Federal
crimes, bankruptcy, antitrust, patent, trademark, copyright, and other specified cases
In personam jurisdiction - answerJurisdiction of a court over the parties to a lawsuit, in
contrast to jurisdiction of their property
A court obtains this jurisdiction by serving process on the party within the state in which
the court is located or by using the "Long-arm Statute"
Used to expand their jurisdictional reach beyond those persons who may be personally
served within the state.
Article 1 section 8 clause 3 - answerCommerce Clause
What congress uses to pass the majority of bills
Specifically regulates interstate trade
Pleading / Default Judgement - answerPleadings are a series of responsive, formal,
written statements in which each side to a lawsuit states its claims and defenses. It's
purpose is to give notice and establish facts.
Default Judgement is one against a defendant who fails to respond to a complaint.
Summary Judgement is a final binding determination on the merits by the judge before
a trial.
What does a jury do? - answerSworn to try the facts of a case and to find according to
the law and the evidence
Alternative Dispute Resolution - answerArbitration: Can compel participation and
provide a binding resolution; Private and speedy with little cost to the participants
Mediation: non binding process where third party acts as intermediary and proposes
solutions
Conciliation: a nonbinding process in which a third party acts as an intermediary
between the disputing parties
Appeals court can do 3 things - answerMay affirm, reverse, and remand for a new trial
Difference of law and Justice - answer Separate and distinct concepts; justice is the fair,
equitable, and impartial treatment of competing interests with due regard for the
common good
Broke criminal law / who will prosecute - answer Prove beyond a reasonable doubt
State / Federal Government Prosecutes
Courts of law with money vs equity - answer Action of law is money
Action of equity is non-monetary
Know sources of law / who has supreme law Article 6 Clause 2 - answer Federal / State
Constitutions
Federal / State executive orders and statues
Regulation Agencies
Supreme Law of the land is the US constitution. Therefore federal legislation is
paramount to state's legislation.
Article 6 is the supremacy clause
Definition of a crime - answerAny act or omission that public law prohibits in the interest
of protecting the public
Administrative rules and regulations - answer4th branch of government - Judge, Jury,
and Executioner
Used for accommodating complexity of society, economics, and industrial life
Given power by congress - sunset clause for control
Stare decisis - answerTo stand by decisions - Prior decisions in higher courts hold
Legality / Morality - answerLaws provide sanctions, morals do not
Intersect but not completely overlapping
Immanuel Kant - answerDeontological - Address the practical problems of utilitarianism
(judge motives and actions, not just actions)
Asserted what he called the categorical imperative
Must posses potential to be made consistently applied for universal law
Respect the autonomy and rationality of all human beings and avoid treating them as an
expedient
Milton Friedman Ethical relativism - answerIndividuals must judge actions by what they
feel is right or wrong for themselves
, Believed in the categorical imperative. In order for something to be ethical, it must be
able to be applied 100%.
Sarbanes-Oxley - answerMade it a crime to defraud any person or to obtain any money
or property fraudulently in connection with any security of a public company
Mail/wire fraud falls into this and includes violation of the Securities and Exchange Act
Process to appoint someone to supreme court - answerNominated by the president
Senate Judiciary votes to send to full senate
Full senate votes for confirmation
Subject Matter Jurisdiction - answerAuthority of a court to decide a particular kind of
case
Exclusive Federal Jurisdiction: Federal courts have sole jurisdiction over Federal
crimes, bankruptcy, antitrust, patent, trademark, copyright, and other specified cases
In personam jurisdiction - answerJurisdiction of a court over the parties to a lawsuit, in
contrast to jurisdiction of their property
A court obtains this jurisdiction by serving process on the party within the state in which
the court is located or by using the "Long-arm Statute"
Used to expand their jurisdictional reach beyond those persons who may be personally
served within the state.
Article 1 section 8 clause 3 - answerCommerce Clause
What congress uses to pass the majority of bills
Specifically regulates interstate trade
Pleading / Default Judgement - answerPleadings are a series of responsive, formal,
written statements in which each side to a lawsuit states its claims and defenses. It's
purpose is to give notice and establish facts.
Default Judgement is one against a defendant who fails to respond to a complaint.
Summary Judgement is a final binding determination on the merits by the judge before
a trial.
What does a jury do? - answerSworn to try the facts of a case and to find according to
the law and the evidence
Alternative Dispute Resolution - answerArbitration: Can compel participation and
provide a binding resolution; Private and speedy with little cost to the participants
Mediation: non binding process where third party acts as intermediary and proposes
solutions
Conciliation: a nonbinding process in which a third party acts as an intermediary
between the disputing parties
Appeals court can do 3 things - answerMay affirm, reverse, and remand for a new trial
