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©BRAINBARTER 2024/2025 BLAW 3310 Exam 1 Questions With Verified Answers. Law - answerenforceable rules of conduct set forth by a government to be followed by the citizens of the society Stability - answerthe legal system helps define acceptable behavior. The law limits activities that hurt t...

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  • September 29, 2024
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  • 2024/2025
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©BRAINBARTER 2024/2025




BLAW 3310 Exam 1 Questions With Verified
Answers.

Law - answer✔enforceable rules of conduct set forth by a government to be followed by the
citizens of the society

Stability - answer✔the legal system helps define acceptable behavior. The law limits activities
that hurt the public interest. The law can also require or encourage business practices that further
social or political goals

Predictability - answer✔law provides predictability and uniformity

Social Change - answer✔the legal system provides a way to bring about changes in "acceptable"
behavior
-Plessy v. Ferguson (1896): state racial segregation for public facilities legal under "separate buy
equal"
-Brown v. Board of Education (1954): state laws establishing racial segregation in public school
is unconstitutional

Conflict Resolution - answer✔a critical function of the law is dispute resolution
-Court system (formal process)

Constitution - answer✔the fundamental law of a nation; written document (not always written)
establishing the powers of government and its basic structure

U.S. Constitution - answer✔sets framework, powers and limits of federal government (3
branches of government)

Legislative Branch - answer✔Congress (House and Senate); makes the laws

Executive Branch - answer✔President and his cabinet; implements the laws (executive orders)

Judicial Branch - answer✔Supreme Court; interpret the laws

Statutes - answer✔rules made by legislative bodies; written by legislative, signed into by
executive; typically commands or prohibits something, or declares policy (affects business
behavior)

, ©BRAINBARTER 2024/2025


Administrative Agencies - answer✔a governmental bureau established by Congress (or the
President) to execute certain functions of Congress

Common Law - answer✔law made and applied by judges as they resolve disputes among private
parties; foundation of agency (employment), contact, property, and tort law

Legal Precedent - answer✔to settle disputes that are similar to past disputes, judges look for
guidance by studying decisions form earlier recorded cases

Stare Decisis - answer✔"to stand on decided cases"; the use of precedent by courts

Criminal Law - answer✔concern legal wrongs or crimes committed against the state (Felony or
Misdemeanor)

Felony - answer✔serious class crime punishable by imprisonment of more than a year

Misdemeanor - answer✔lesser class crime punishable by a fine and/or imprisonment of less than
a year (not in state or federal penitentiaries)

Beyond a Reasonable Doubt - answer✔in criminal law, the general rule that for a judge to find a
defendant guilty, there can be no significant doubt that the defendant violated a criminal statute
(higher standard of proof); jail time

Civil Law - answer✔concerns the rights and responsibilities that exist among members of society
or between individuals and the government in non-criminal matters

Preponderance of the Evidence - answer✔in civil trials, the burden of persuasion to win a verdict
requires that the plaintiff prove its claim by having the majority (51%) or bulk of the evidence on
its side (lesser burden of proof); monetary fines

OJ Simpson Murder Case - answer✔example of beyond a reasonable doubt (not guilty) and
preponderance of the evidence (guilty)

Federal Judges - answer✔nominated by the President and confirmed by a majority vote in the
U.S. Senate; lifetime appointment; only removed by impeachment

State Judges - answer✔elected, appointed or chosen by a method that mixes the two; serves for a
fixed term and forced to re-run

Doctrine of Judicial Immunity - answer✔a judge is immune from suit for damages for judiciary
acts

Original Jurisdiction - answer✔power of the court to take a lawsuit at its beginning, try it, and
pass judgment upon the law and facts ; disputes first brought and tried

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