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BUL 5810 Midterm Exam Questions With Correct Answers
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BUL 5810 Midterm Exam Questions With Correct Answers Supreme Law of the Land - answerThe Constitution Sources of Federal Law - answerUS/state constitutions, federal/state statutes, common law, case law, and administrative law Expansion of Administrative Rules and Regulations - answerLegislativ...

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  • September 4, 2024
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©THEBRIGHTSTARS 2024


BUL 5810 Midterm Exam Questions
With Correct Answers


Supreme Law of the Land - answer✔✔The Constitution

Sources of Federal Law - answer✔✔US/state constitutions, federal/state statutes, common law,
case law, and administrative law

Expansion of Administrative Rules and Regulations - answer✔✔Legislative Rules: substantive
rules issued by an administrative agency under the authority delegated to it by the legislature


Interpretative Rules: statements issued by an administrative agency indicating how it construes a
certain statute


Procedural Rules: issued by the agency to establish its method of operation and rules of conduct

Moral Responsibility of Corporations - answer✔✔Because a corporation is a statutorily-created
entity, it is not clear whether it should be held morally responsible as an individual would

Ultilitarianism - answer✔✔The idea that the goal of society should be "the greatest happiness for
the greatest number" of its citizens. More specifically:


Act util.: Assess each separate act according to whether it maximizes pleasure over pain.


Rule util.: Support rules that, on balance, produce greatest pleasure for society.

Deontology - answer✔✔Actions must be judged by their motives and means as well as their
results

Ethical Relativism - answer✔✔Actions must be judged by what individuals subjectively feel is
right or wrong for themselves; both parties to a disagreement regarding a moral question are
correct, because morality is relative

, ©THEBRIGHTSTARS 2024

Immanuel Kant - answer✔✔For an act to be moral, it must (1) possess the potential to become a
consistently-applied law and (2) must respect human beings without treating them as simply a
means to an end

Legality vs. Ethical - answer✔✔Legal standards are based on written law, while ethical
standards are based on human rights and wrongs. Legal standards are written by gov't officials,
while ethical standards are written by societal norms

Business Ethics - answer✔✔What is good or moral in business transactions; regulated by (1)
competition (2) self-regulation (3) gov't regulation

ADR (Alternative Dispute Resolution) - answer✔✔Arbitration: Disputants select neutral third
party to make binding decision


Mediation: Neutral third party, but no definitive decision


Negotiation: Resolution without use of other parties

Jurisdiction - answer✔✔The official power to make legal decisions and judgments.

In Personam Jurisdiction - answer✔✔Court jurisdiction over the "person" involved in a legal
action; personal jurisdiction.

Subject Matter Jurisdiction - answer✔✔The power of a court to hear a particular type of case

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)

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