TAMU MGMT 209 Final || QUESTIONS AND ANSWERS
100% CORRECT.
Two Main Functions of Law correct answers 1. Dispute Resolution
2. Government Regulation
Law correct answers Collection of rules and regulations that govern how we interact with
each other and with the government, and the enforcement thereof, gray areas
What does Enforcement of Law lead to? correct answers Predictability and Stability, want
uniformity
5 Sources of Law correct answers 1. Constitutional Law
2. Congress
3. Executive Creation of Law
4. Courts
5. Administrative Law
Marbury vs. Madison correct answers -case that established Judicial Review
-Marbury appointed judge by Adams, didn't get confirmed by Senate, Jefferson and Madison
tried to appoint their own judges, Marbury sued
-John Marshall said law unconstitutional
-Madison won, anti-federalists happy, but federalists got a stronger national government
since courts can now interpret the constitution
What is the difference between Federal and State Law? correct answers Federal law is the
combination of national and state, also a common term for national law
What is the difference between public and private law? correct answers Public - government
is involved as a litigate, criminal law is always public, format of State vs you or City vs. you
Private law - divorces, adoptions, etc.
What is the difference between civil and criminal law? correct answers Burden of proof, in
civil cases you have to bring proof that you are right, in criminal cases the government has
burden of proof beyond reason of doubt
What is the difference between substance law and procedural law? correct answers
Procedural - how to laws, Miranda rights
What is the difference between equitable and legal? correct answers Legal - remedies always
monetary, more common
Equitable - cases where money doesn't help, for example a medical remedy or a court order
Chapter 2 correct answers
What are the three branches of government as established by the Constitution? correct
answers 1. Executive
2. Judicial
3. Legislative
,*with checks and balances
Articles of Confederation correct answers First declared government, gave state governments
all power with a limited national government
How did the French and Indian War affect the Colonists? correct answers Britain won war,
and made colonies pay for it, farmers lost the British markets (since they were at war), had
Indian border issues, and had borrowed money from banks to live, so banks foreclosed on the
farmers
Shay's Rebellion correct answers In Massachusetts, armers rallied behind Daniel Shay, a
revolutionary war hero, and raided a federal arsenal, they went from foreclosure to
foreclosure and stopped them
Felt that the government was in debt to them since if they were paid, they could pay the
banks
Did Shay's Rebellion Work? correct answers No, the government paid Virginia only, which
didn't have the foreclosure issues, even hired an army to stop him
How many States' votes does it take to change the Articles of Confederation correct answers
All, must be a unanimous vote
First try to improve the Articles of Confederation correct answers Met in Maryland, and only
a handful showed up, so agreed to meet next Spring in Philadelphia
Who showed up to improve the Articles of Confederation, where was it held, and what was it
called? correct answers The Constitutional Convention, held in Philadelphia, everyone but
Rhode Island showed up, RI thought they couldn't do anything without them, they changed
rules to 3/4
Who drafted The Virginia Plan and what did it propose? correct answers James Madison,
brought idea of throwing out the Articles and establishing an entirely new government
wanted a strong national government where the big states dominated, three branches in
national government, states' votes are based on population,later served as backbone to
Constitution
The New Jersey Plan correct answers Countered the Virginia Plan, supported by small states,
weaker national government with Congress unchanged, gave states equal say in government
The Great Compromise (The Connecticut Compromise) correct answers Formation of
modern Congress, used Virginia Plan except one house was based on the population of the
state and the other house gave an equal number of votes per state
Three-Fifth's Compromise correct answers Slaves count as three fifths of a person for
population purposes
Formation of Commerce Clause correct answers South gave up right to trade slaves in twenty
years and also gave up control of international trade to the national government
Federalists correct answers Pro-Constitution and wanted a strong national government
,John Jay, Alexander Hamilton, James Madison
Anti-Federalists correct answers Against the Constitution, wanted more power to states
Thomas Jefferson
Bill of Rights correct answers First ten amendments to Constitution to protect states' rights
Enumerated Power correct answers Constitution lists exactly what Congress can do
Commerce Clause correct answers Congress has the power to regulate commerce (business)
in three positions, international law in business, commerce amongst the several states, and
with Indian Tribes
Gibbons Vs. Ogden correct answers Commerce Clause, New York and New Jersey both gave
the exclusive right to use the Hudson River for steamboat travel and the river runs between,
commerce amongst states is a federal government power
NLRB Vs. Jones & Laughlin Steel Corp (1930's) correct answers The NLRB tried to tell
them what to do (federal), said they can't since they weren't directly involved in interstate
commerce,
Wickard vs. Filburn correct answers grew an illegal crop, but didn't affect anyone, fed his
own animals, came back and said by doing that he didn't buy feed from others and affected
interstate commerce
McLain vs. Real Estate Board of New Orleans, Inc correct answers commerce clause
McCulloch vs. Maryland correct answers Maryland said banks had to use paper issued by
Maryland or else a fine, US had national bank in competition, Maryland tried to fine them,
constitution says Congress has whatever power necessary, said they needed this for
commerce clause, won
Necessary and Proper Clause correct answers -Inherent or Implied Powers Clause, Elastic
Clause
-Constitution says Congress has whatever power is necessary to carry out other clauses
Jim Crow Laws correct answers
Plessy vs. Ferguson correct answers determined separate but equal
Smith vs. Allwright correct answers can't treat people separately but equally
Brown vs. Board of Education correct answers -Kansas, separate but equal, Father sued
school district
-Thurgood Marshall determined Plessy vs. Ferguson unconstitutional
Civil Rights Act of 1964 correct answers can't discriminate in anything based on race, color,
religion, sex, or national origin
-Supreme Court used Commerce Clause to enforce
, Voting Act of 1965 correct answers
Heart of Atlanta Motel vs. correct answers argued they didn't have interstate commerce since
it was one family-owned hotel
Katzenbach (Ollies bbq) correct answers -bbq restaurant in Birmingham, only did business in
AL
-interstate commerce since they avoided out-of-state supplies
US vs. Lopez correct answers 17 years old, caught at high school with gun, didn't use it,
violates state law
-Texas had jail overcrowding, Gun Free School Zones Act, said it was federal offense,
commerce clause, said public high school was a business
-changed way Congress was abusing the Commerce Clause, since he was convicted under it
10th Amendment correct answers all power goes to state that doesn't go to federal
government that isn't prohibited to the state
Hughes vs. Oklahoma correct answers can't illegally import minos from Texas, Hughes took
his to Oklahoma, caught and charged, he won
-Supremacy Clause
Maine vs. Taylor correct answers -Maine has law that can't bring fishing bait in from another
state
-Maine only has fishing, forestry, and tourism
-Protect lobsters, buy approved bait in Maine, they won
Contract Clause correct answers mainly historical
Barren vs. Baltimore correct answers -last big John Marshall case
-Barren had wharf, Baltimore harbor got slit nd was dredged, dirt got in wharf rendering it
obsolete
-said Bill of Rights only limits national government
13th Amendment correct answers freed slaves
14th Amendment correct answers no State can deprive anyone (males) of due process and
equal protection of law
15th Amendment correct answers gave black men the right to vote
Doctrine of Incorporation correct answers
Doctrine of Reverse Incorporation correct answers -makes 14th Amendment apply to the
Federal Government
Chapter 3 correct answers
