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BUL 4310 MIDTERM EXAM
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BUL 4310 MIDTERM EXAM
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BUL 4310 MIDTERM EXAM NEWEST 2024 ACTUALEXAM COMPLETE 250 QUESTIONS AND CORRECT
DETAILED ANSWERS (VERIFIED ANSWERS) |ALREADY
GRADED A+
Brown v. Board of Education - ANSWER: The Court concluded that separate
educational facilities for whites and blacks, which it had previously upheld as
constitutional, were inherently unequal. The Supreme Court's departure from
precedent in this case received a tremendous amount of publicity as people began to
realize the ramifications of this change in the law.
Is globalization new? - ANSWER: Globalization is not a new concept. Traders traveled
vast distances in ancient times to buy commodities that were rare and expensive for
sale in their homelands. The Industrial Revolution brought advances in
transportation and communication in the 19th century that eased trade across
borders.
How many constitutions are there in the US? - ANSWER: 1 ; there's 27 amendments
(professor mentioned 51 because each state has one)
What is the purpose of Law? - ANSWER: Law exists to secure civil harmony, the
common good, the protection of rights, and the enjoyment of freedom in society.
The Natural Law School - ANSWER: The oldest school of legal thought (existed since
300 B.C.E.), based on the belief that the legal system should reflect universal
("higher") moral and ethical principles that are inherent in human nature.
• According to the natural law theory: A higher, or universal, law applies to all
human beings.
• If each written law does not reflect the principles inherent in natural law, then it
loses its legitimacy and need not be obeyed.
• The notion that people have "natural rights" stems from the natural law tradition.
The Positivist School - ANSWER: A school of legal thought centered on the
assumption
that there is no law higher than the laws created by a national government.
• Laws must be obeyed, even if they are unjust, to prevent anarchy.
• A judge who takes this view will probably be more inclined to defer to an
existing law than would a judge who adheres to the natural law tradition.
The Historical School - ANSWER: A school of legal thought that looks to the past to
determine what the principles of contemporary law should be.
• The historical school emphasizes the evolutionary process of law by
concentrating on the origin and history of the legal system.
• The legal doctrines that have withstood the passage of time—those that have
worked in the past—are deemed best suited for shaping present laws.
, • Hence, law derives its legitimacy and authority from adhering to the standards that
historical development has shown to be workable.
Legal Realism - ANSWER: A school of legal thought that holds that the law is only one
factor to be considered when deciding cases and that social and economic
circumstances should also be taken into account.
• Legal realists believe that the law can never be applied with total uniformity.
• Because judges have different personalities, value systems, and intellects, different
judges will bring different reasoning processes to the same case.
• Legal realism strongly influenced the growth of what is sometimes called the
sociological school.
• Sociological school - A school of legal thought that views the law as a tool for
promoting justice in society.
• Jurists who adhere to this philosophy of law are more likely to depart from past
decisions than are jurists who adhere to other schools of legal thought.
Who is the most prominent American writer on natural law theory of the 20th
century? - ANSWER: Martin Luther King Jr.
What did Marbury v. Madison stand for? - ANSWER: The United States Supreme
Court explicitly established the power
of judicial review in the 1803 case.
• In that decision, the Court stated: "It is emphatically the province [authority] and
duty of the Judicial Department to say what the law is. ... If two laws conflict with
each other, the courts must decide on the operation of each. ... [I]f both [a] law and
the Constitution apply to a particular case, ... the Court must determine which of
these conflicting rules governs the case."
• The power of judicial review is exercised by both federal and
state courts.
What country does the Common Law come from? - ANSWER: England
Are there any limits on what the US Congress can do? - ANSWER: Article I, Section 9,
of the U.S. Constitution, provides that, Congress cannot convict a person without a
trial nor prosecute someone for a crime committed before that action even became
a crime. Congress cannot directly tax the people unless those taxes are proportion
with the populations of their respective states (see the 16th Amendment).
Yes, the limits to what the US Congress can do are set forth in the constitution.
What are the rights set forth in the First Amendments to the US Constitution? -
ANSWER: Congress make no law respecting an establishment of religion or
prohibiting its free exercise. It protects freedom of speech, the press, assembly, and
the right to petition the Government for a redress of grievances.
What is the Supreme law of the United States? - ANSWER: U.S. Constitution
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