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Exam (elaborations)

BUL 3130 Exam 1 || A+ Verified Solutions.

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  • BUL 3130

Jurisprudence correct answers the science and philosophy of law, defines several schools of thought that are used to describe various approaches to the appropriate function of law and how legal doctrines should be developed and applied. Ordinance correct answers - Written laws at the local level...

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  • September 2, 2024
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  • BUL 3130
  • BUL 3130
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BUL 3130 Exam 1 || A+ Verified Solutions.
Jurisprudence correct answers the science and philosophy of law, defines several schools of
thought that are used to describe various approaches to the appropriate function of law and how
legal doctrines should be developed and applied.

Ordinance correct answers - Written laws at the local level

- Generally regulate issues such as zoning or imposehealth and safety regulations

Regulation correct answers Also know as Administrative Law (Source of law that regulates the
exercise of authority by government agencies).

Statute correct answers - written laws that are passed by the federal or a state legislature and then
either approved or rejected by the executive branch.

Common Law correct answers Law made by the courts.

Equitable Remedies correct answers - a judicial order requiring a party to cease a certain activity,
or perhaps to take a specific action.
- generally includes an injunction or restraining order.

Case Precedent correct answers - Applying the law made in previous appellate court opinions to
current cases with similar facts; binding on the trial courts.

- Applies to all lower courts, such as a trial court

Secondary Sources of Law correct answers - have no independent authority, nor are they legally
binding.

- Restatements of the Law, a collection of uniform legal principles focused in a particular area of
traditional state law.

- Various sets of model state statutes drafted by legal experts as a model for state legislatures to
adopt in their individual jurisdictions.

Rank the laws from most to least supreme correct answers 1. U.S. Constitution

2. Federal Statues & International Agreements (treaty)

3. Federal Administrative Law

4. Federal Common Law

5. State Constitution

, 6. State Statutory Law

7. State Administrative Law

8. State Common Law (set by states appellate courts)

Primary Sources of Law correct answers Constitutional Law
Statutory Law
Common Law
Administrative Law

Three Branches of the Federal Government correct answers - legislative branch
- executive branch
- judicial branch

Judicial Review correct answers the notion that federal courts have the right to invalidate state or
federal laws that are inconsistent with the U.S. Constitution in some way.

Three Categories of Scrutiny correct answers - rational basis category
- intermediate-level scrutiny
- strict scrutiny

Rational Basis Category (Scrutiny) correct answers The government need only show:

1.that its action advanced a legitimate government objective (such as public welfare, health, or
safety)

2.that the action was somehow related to the government's objective.

Intermediate-Level Scrutiny correct answers Courts will uphold government actions as
constitutional so long as the government can prove:

1.that its action advanced an important government objective (a higher level than the "legitimate"
criterionused in the rational basis test)

2.that the action is substantially related to the government's objective.

Strict Scrutiny correct answers Courts will uphold the law only if:

1.the government's objective is compelling

2.the means chosen by the government to advance that objective are necessary to achieve that
compelling end

3.no less restrictive alternatives exist.

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