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BUL 3310 Intro to Law: Exam 1 with Complete Solutions
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BUL 3310 Intro to Law: Exam 1 with Complete Solutions
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BUL 3310 Intro to Law: Exam 1 withComplete Solutions
Hierarchy of Laws Correct Ans-Federal law trumps state law. U.S. Constitution is highest;
then federal statutes; then state constitutions; then state laws.
U.S. and State Constitutions Correct Ans-Basis of the legal system and our supreme law. The
U.S. Constitution is the "supreme law of the land" per Article VI, Section II of the Constitution
(Supremacy Clause). Constitutions define the powers and functions of the branches of
government.
Federal Laws cannot... Correct Ans-violate the U.S. Constitution
All state law must conform to... Correct Ans-the U.S. as well as the state constitution
Doctrine of Separation of Powers Correct Ans-Legislative, executive, and judicial branches of
government function independently of one another and each branch serves as a check on the
other.
Doctrine of Judicial Review Correct Ans-(Marbury v. Madison - 1803): Conferred the power
on the courts to declare laws and executive actions unconstitutional.
Legislation creates most of our _____. Correct Ans-laws
, What are some legislative bodies? Correct Ans-U.S. Congress, State Legislature, City
Councils, etc.
statute Correct Ans-Law passed by the U.S. Congress or a state legislature.
ordinance Correct Ans-Law passed by a city, county, or other local governmental entity.
code Correct Ans-A collection of statutes passed by a legislative body on a particular subject.
Statutory Interpretation Rules Correct Ans--Examine Legislative History
-Utilize Rules of Construction
-Plain Meaning Rule
-Lex Specialis Derogat Legi Generali - "The specific prevails over the general"
Statutory Interpretation Rules: Utilize Rules of Construction Correct Ans-1. Criminal statutes
and taxing laws should be narrowly construed.
2. Remedial statutes are to be liberally construed so the statute is effective in correcting the
condition to be remedied.
Statutory Interpretation Rules: Plain Meaning Rule Correct Ans-Absent a contrary statutory
definition, words must be given their plain, ordinary meaning.
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