BLAW 3310 Exam 1 Questions With Verified
Answers.
Benefits of the law: - answerprovides some predictability and uniformity to the boundaries of
acceptable conduct in a society
Key functions of the law: - answer1. Influence the behavior of the members of a society
2. Resolve disputes within soc...
Benefits of the law: - answer✔provides some predictability and uniformity to the boundaries of
acceptable conduct in a society
Key functions of the law: - answer✔1. Influence the behavior of the members of a society
2. Resolve disputes within society
3. Maintain important social values
4. Provide a method for assisting social change
The ___ ___ provides a way to bring about changes in "acceptable" behavior. - answer✔legal
system
Where do we get our law from? - answer✔The U.S. Constitution
Judicial Review: - answer✔is the doctrine under which legislative and executive actions are
subject to review by the judiciary. A court with judicial review power may invalidate laws and
decisions that are incompatible with a higher authority, such as the terms of a written
constitution.
What does Judicial Review accomplish? - answer✔Acts as a check on the legislative and
executive branches
The use of ___ in deciding current cases is a doctrine called ___ ___, meaning "to stand on
decided cases." - answer✔precedent; stare decisis
Under stare decisis, judges are expected to ___ ___ established rules of law. - answer✔stand by
In Davis v. Baugh Industrial Contractors, the traditional common law rule prevented a party who
accepted a completed construction project from later suing the contractor for flaws in
construction that caused injury to others. In reviewing such a case, the Washington state high
court held that... - answer✔...the rule was not sensible in modern times and would be dropped.
Substantive law includes common law and statutory law that ___ and ___ legal rights and
regulate behavior. - answer✔define; establish
Examples of substantive law: - answer✔antitrust law, contract law, criminal law, environmental
law, labor law, securities law
Procedural law determines how substantive law is ___ through the ___ by determining how a
lawsuit begins, what documents need to be filed, which court can hear the case, how the trial
proceeds, and so on. - answer✔enforced; courts
Ethics, integrity, and morality concern ___ adopted standards of conduct. - answer✔voluntarily
The law contains rules that are not moral or ethical but are ___ upon people. - answer✔imposed
Federal judges are nominated by the ___ and confirmed by a majority vote in the U.S. ___. -
answer✔president; Senate
Federal judges have a ___ appointment. - answer✔lifetime
Under the doctrine of judicial immunity, a judge is absolutely ___ from suit for ___ for judicial
acts. - answer✔immune; damages
Federal courts have the judicial power to hear cases involving a ___ ___. - answer✔federal
question
When federal jurisdiction is based on the parties involved, most litigation is generated by cases
(1) in which the ___ ___ is a party to the suit or (2) involving citizens of different ___. -
answer✔United States; states
A ______ statute is a state law that permits a state's courts to reach beyond the state's boundaries
for jurisdiction over nonresident defendants. - answer✔long-arm
According to the Supreme Court, a state's long arm statutes must identify certain ___ ___
between the corporation and the state where the suit is being filed to qualify as transacting
business. - answer✔minimum contacts
In Rem jurisdiction: - answer✔In lawsuits based on a dispute over property, a court in the state
where the property is located has jurisdiction to resolve claims against that property—whether
the property owner is there or not.
When both systems (federal & state) have the power to hear a case, ___ jurisdiction exists. -
answer✔concurrent
Both systems may have jurisdiction when either of the following is the case: - answer✔1. There
is diversity of citizenship and the amount in controversy exceeds $75,000.
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