BUL 5810 Midterm exam 1 with Questions and 100% Correct Answers
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Course
BUL 5810
Institution
BUL 5810
Reverse/Remand/Affirm - Answer A court of appeals hears cases that have first
appeared in a state or federal trial court. All three terms are decisions made by
reviewing courts of appeals. Remand = sending a case down to a lower court with a
command on how to act upon it
Confirmation of Supreme...
BUL 5810 Midterm exam 1 with Questions and
100% Correct Answers
Reverse/Remand/Affirm - Answer A court of appeals hears cases that have first
appeared in a state or federal trial court. All three terms are decisions made by
reviewing courts of appeals. Remand = sending a case down to a lower court with a
command on how to act upon it
Confirmation of Supreme Court Justices - Answer Nominated by President ->
Recommended by 50% or more of Sen. Judiciary Committee -> Confirmed by majority of
Senate, with VP as tiebreaker
Commerce Clause - Answer The clause in the Constitution (Article I, Section 8, Clause 1)
that gives Congress the power to regulate all business activities that cross state lines or
affect more than one state or other nations.
Defamation of Public Figures - Answer Public figures cannot recover for defamation
unless they can prove that the defendant acted with actual malice (knew the statement
was false or recklessly disregarded the possibility it might be false).
Types: Libel (written) and Slander (spoken)
Bill of Rights - Answer Its purpose is essentially to list specific prohibitions on
governmental power
Due Process (5th and 14th Amendments) - Answer No person shall be deprived of life,
liberty, or property without due process of law
, Substantive Due Process - Answer Constitutional requirement that governments act
reasonably and that the substance of the laws themselves be fair and reasonable; limits
what a government may do.
Procedural Due Process - Answer Procedural laws that protect the rights of individuals
who must deal with the legal system
Executive Agencies vs. Independent Agencies - Answer Executive agencies report
directly to the President and the heads of those agencies are members of the Pres.
Cabinet - e.g. Defense, Interior, State, etc.
Independent agencies are created by Congress and the Pres. has less power in getting
rid of heads of those agencies
Checks and Balances - Answer A system that allows each branch of government to limit
the powers of the other branches in order to prevent abuse of power
Federal Register - Answer A publication of the U.S. government that prints executive
orders, rules, and new/proposed regulations.
Powers of Administrative Agencies - Answer Adopt legislative rules and regulations,
conduct investigations to see if rules have been violated, and hold hearings like courts -
but only with administrative law judge, no trial by jury.
Powers are limited (checked) by judicial review, legislative control (Congress controls
their budget), and exec. branch control (Pres. can appoint members of the agency)
Duty of Care - Answer The duty of all persons, as established by tort law, to exercise a
reasonable amount of care in their dealings with others. Failure to exercise due care,
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