Kelley School of Business - L201 Exam 1 Questions and Answers Already Passed
The Supreme Court is mainly an ____ court. - Answers Appellate (meaning it only questions the
law of the federal court of appeals and the highest state courts).
Separation of Powers - Answers The U.S. Constitution established Congress and allows it to
make laws in certain areas, the president to enforce the laws, and a federal judiciary to interpret
them.
Federalism - Answers Gives states power to make laws in certain areas
Statutes - Answers laws created by elected representatives in Congress or a state legislation,
their interpretation and application are often difficult.
Uniform Acts - Answers model statutes drafted by private bodies of scholars and lawyers.
Common Law - Answers 1) law made and applied by judges (precedents)
2) typically only used at state level, although sometimes federal courts apply it
3) "Stare Decisis" or "let the decision stand"
Administrative Agencies... - Answers obtain the ability to make law through a delegation of
power from legislature. Their decisions are legally binding but appeals to the legislation are
sometimes allowed
treaties - Answers "supreme law of the land" made by president and other governments and
must be approved by 2/3 of senate
Rules of Supremacy? - Answers 1) U.S Constitution > State Constitution
2) Constitutions > Other Laws
3) Statutes > Legislative Delegation
4) Statutes > Common Law
4) Federal Statute > State Statute (This is known as the SUPREMACY CLAUSE)
Substantive Law - Answers sets the rights and duties of people as they act in society.
Procedural Law - Answers controls the behavior of government bodies as they establish and
enforce rules of substantive law
4 schools of jurisprudence and description of each - Answers 1) Legal Positivism- sees legal
validity and moral validity as separate... laws should be enforced and obeyed, just or not
2) Natural Law- good law=just, bad law=not just
, 3) American Legal Realism- what really affects peoples lives is true law
4) Sociological (Public Policy)- what would people want to happen?
Judicial Review - Answers questions constitutionality of laws (established during Marbury vs
Madison)
How do judges determine the plain meaning of statutes? - Answers They use the dictionary
6 functions of law? - Answers 1) peacekeeping
2) checking gmt. power and promoting personal freedom
3) facilitating planning and the realization of reasonable expectations
4) promoting economic growth via free comp.
5) promoting social justice
6) protecting the environment
Maxims - Answers general rules of thumb employed in statutory interpretation
Subject Matter Jurisdiction - Answers a court's power to decide the type of dispute involved in
the case (ex: criminal courts cant hear civil matters, small claims courts can't hear $500,000)
In Personam Jurisdiction - Answers based on the residence, location, or activities of the
defendant. a state has in personam jurisdiction over a defendant who is a citizen or resident of
the state, who are within state border when the process is served, or who consent to the court's
authority (i.e. entering the state to defend the plaintiff's claim).
In Rem Jurisdiction - Answers Court jurisdiction over a defendant's property (ex: fighting over
property in Indiana, Indiana would hear the case)
Venue Requirements that are satisfied - Answers A court must have this for a case to be legally
binding. This questions where the case will be held. (ex: if there's a school shooter at IU, they
will try to get the case moved to another state to get a fair trial)
Concurrent Jurisdiction - Answers when both state and federal courts have jurisdiction over the
case.
>When concurrent jurisdiction exists and plaintiff files for state court, defendant has the option
to "remove" the case to a federal court.
The U.S Supreme Court - Answers -highest court of the land
The Supreme Court is mainly an ____ court. - Answers Appellate (meaning it only questions the
law of the federal court of appeals and the highest state courts).
Separation of Powers - Answers The U.S. Constitution established Congress and allows it to
make laws in certain areas, the president to enforce the laws, and a federal judiciary to interpret
them.
Federalism - Answers Gives states power to make laws in certain areas
Statutes - Answers laws created by elected representatives in Congress or a state legislation,
their interpretation and application are often difficult.
Uniform Acts - Answers model statutes drafted by private bodies of scholars and lawyers.
Common Law - Answers 1) law made and applied by judges (precedents)
2) typically only used at state level, although sometimes federal courts apply it
3) "Stare Decisis" or "let the decision stand"
Administrative Agencies... - Answers obtain the ability to make law through a delegation of
power from legislature. Their decisions are legally binding but appeals to the legislation are
sometimes allowed
treaties - Answers "supreme law of the land" made by president and other governments and
must be approved by 2/3 of senate
Rules of Supremacy? - Answers 1) U.S Constitution > State Constitution
2) Constitutions > Other Laws
3) Statutes > Legislative Delegation
4) Statutes > Common Law
4) Federal Statute > State Statute (This is known as the SUPREMACY CLAUSE)
Substantive Law - Answers sets the rights and duties of people as they act in society.
Procedural Law - Answers controls the behavior of government bodies as they establish and
enforce rules of substantive law
4 schools of jurisprudence and description of each - Answers 1) Legal Positivism- sees legal
validity and moral validity as separate... laws should be enforced and obeyed, just or not
2) Natural Law- good law=just, bad law=not just
, 3) American Legal Realism- what really affects peoples lives is true law
4) Sociological (Public Policy)- what would people want to happen?
Judicial Review - Answers questions constitutionality of laws (established during Marbury vs
Madison)
How do judges determine the plain meaning of statutes? - Answers They use the dictionary
6 functions of law? - Answers 1) peacekeeping
2) checking gmt. power and promoting personal freedom
3) facilitating planning and the realization of reasonable expectations
4) promoting economic growth via free comp.
5) promoting social justice
6) protecting the environment
Maxims - Answers general rules of thumb employed in statutory interpretation
Subject Matter Jurisdiction - Answers a court's power to decide the type of dispute involved in
the case (ex: criminal courts cant hear civil matters, small claims courts can't hear $500,000)
In Personam Jurisdiction - Answers based on the residence, location, or activities of the
defendant. a state has in personam jurisdiction over a defendant who is a citizen or resident of
the state, who are within state border when the process is served, or who consent to the court's
authority (i.e. entering the state to defend the plaintiff's claim).
In Rem Jurisdiction - Answers Court jurisdiction over a defendant's property (ex: fighting over
property in Indiana, Indiana would hear the case)
Venue Requirements that are satisfied - Answers A court must have this for a case to be legally
binding. This questions where the case will be held. (ex: if there's a school shooter at IU, they
will try to get the case moved to another state to get a fair trial)
Concurrent Jurisdiction - Answers when both state and federal courts have jurisdiction over the
case.
>When concurrent jurisdiction exists and plaintiff files for state court, defendant has the option
to "remove" the case to a federal court.
The U.S Supreme Court - Answers -highest court of the land
