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Exam (elaborations)

MGMT 209 TAMU Exam 1 || 100% CORRECT ANSWERS.

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Civil Law correct answers Designed to compensate individuals for wrongs suffered, purpose is reimbursement, comes from both common and statutory law Common Law correct answers Judges create much of the law in the US by interpreting the law and applying the law be determining the facts. Leads to predictability and uniformity. Constitutional Law correct answers The most important source of law. This comes from the US constitution. The supreme law of the land. Criminal Law correct answers Designed to protect society from activities that upset social order by preventing crime. Purpose is to punish and no remedies. Exclusively statutory law. Dispute Resolution Role correct answers Settles difference between two or more parties (people or business). Expensive and time consuming. Equitable Remedy correct answers Purpose was to avoid unjust results from strictly following common law. Usually a court order to do or not do something. Equity correct answers A particular set of remedies and procedures. Originated in England. Federal Law correct answers Includes law from: constitution, congress, president, federal regulatory agencies. Federalism correct answers Form of government that divides power between national and state governments. Judicial Activism correct answers Change legislative intent, "that's not what you meant" Judicial Review correct answers The constitution does not give the power nor prohibit the interpretation of the constitution. The power of the courts to declare an act of Congress or the President unconstitutional Judicially Passive correct answers Interpreting the intent of the drafters and usually following their intent. Law correct answers The collection of rules and regulations that determines how the government will treat its citizens and how the citizens will treat the government as well as other citizens AND the enforcement thereof Legal Remedies correct answers Monetary damages. Payment of money. More common than equitable damages. Legislative Intent correct answers Majority Rule correct answers Most states have the same laws

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MGMT 209 TAMU Exam 1 || 100% CORRECT
ANSWERS.
Civil Law correct answers Designed to compensate individuals for wrongs suffered, purpose
is reimbursement, comes from both common and statutory law

Common Law correct answers Judges create much of the law in the US by interpreting the
law and applying the law be determining the facts. Leads to predictability and uniformity.

Constitutional Law correct answers The most important source of law. This comes from the
US constitution. The supreme law of the land.

Criminal Law correct answers Designed to protect society from activities that upset social
order by preventing crime. Purpose is to punish and no remedies. Exclusively statutory law.

Dispute Resolution Role correct answers Settles difference between two or more parties
(people or business). Expensive and time consuming.

Equitable Remedy correct answers Purpose was to avoid unjust results from strictly following
common law. Usually a court order to do or not do something.

Equity correct answers A particular set of remedies and procedures. Originated in England.

Federal Law correct answers Includes law from: constitution, congress, president, federal
regulatory agencies.

Federalism correct answers Form of government that divides power between national and
state governments.

Judicial Activism correct answers Change legislative intent, "that's not what you meant"

Judicial Review correct answers The constitution does not give the power nor prohibit the
interpretation of the constitution. The power of the courts to declare an act of Congress or the
President unconstitutional

Judicially Passive correct answers Interpreting the intent of the drafters and usually following
their intent.

Law correct answers The collection of rules and regulations that determines how the
government will treat its citizens and how the citizens will treat the government as well as
other citizens AND the enforcement thereof

Legal Remedies correct answers Monetary damages. Payment of money. More common than
equitable damages.

Legislative Intent correct answers

Majority Rule correct answers Most states have the same laws

,Minority Rule correct answers Few, random states have their own laws

Police Powers correct answers 10th amendment, power of a state to place restraints on
personal freedom and property rights of persons for the protection of public safety, health,
and morals, or the promotion of the public convenience and general prosperity.

Precedent correct answers The established answer to that set of facts. By following the Stare
Decisis, this is set.

Private Law correct answers Between individuals; government is not involved (divorce, suing
over contract). This has nothing to do with the publicity that the case generates.

Procedural Law correct answers The step-by-step means to enforce rights established by
substantive law. Step-by-step process of what happens after you commit a crime.

Public Law correct answers The government is involved

Regulatory Role correct answers Governmental interference with private business (city, state,
federal). Directs and standardizes business activity to improve society.

Stare Decisis correct answers The previously decided cases should be followed unless there is
a good, legal reason to change the previous decision. "If it ain't broke don't fix it"

State Law correct answers Vast majority of litigation. Court system varies from state to state.
Each state has their own constitution, legislature, and court. Each state can also create
Administrative Laws. Police Powers are reserved to the states.

Statutory Law correct answers Also called legislative law. Written law. Congress passes laws
and each house and the president must pass the law.

Substantive Law correct answers Defines rights and duties. The meat or heart of the law.

Marbury vs. Madison correct answers Supreme Court assumed the power of judicial review.

Texas vs. Johnson correct answers Texas flab burning law was unconstitutional for being too
restrictive on the 1st amendment rights.

Anti-Federalists correct answers Opposed the proposed Constitution

Checks and Balances correct answers Power of each branch is limited

Executive Order correct answers Law by president to control the policies of the Executive
Branch. i.e. Affirmative Action and Don't Ask, Don't Tell

Federalist Papers correct answers A collection of articles used as a guide, by the courts, in
interpreting the Constitution. The most influential support in favor of the Constitution.

Federalists correct answers Supported the Constitution

Interstate Commerce correct answers Between states

, Intrastate Commerce correct answers Within a state

Jim Crow Laws correct answers Series of laws to keep former slaves as second class citizens.
Mostly in the south but not always

Rational Basis Test correct answers A law is assumed to be constitutional if there is no
fundamental liberty interest or is rationally related to a legitimate governmental purpose

Separation of Powers correct answers Having 3 branches of government to control the use of
powers granted by the states to the federal government

Shay's Rebellion correct answers Daniel Shay, Massachusetts farmer led farmers to stop
foreclosures by raiding federal arsenal (weapons) and attacked courthouses.

Example of Equitable Remedy correct answers A court order to stop someone from cutting
down timber on property

Example of Legal Remedies correct answers If someone cut down timber on some else land,
they would have to pay.

What can pass laws? correct answers The federal government, state government, and other
legislative bodies.

Businesses will always have a partnership correct answers True, with the government

Law is grey because correct answers It means different things to different people

President's control of the executive-branch agencies and bureaus correct answers Oversees
their spending and appoints leaders

T/F Trade agreements do not need the senate's approval correct answers True, but needs
senate approval for negotiation of treaties with foreign governments

Judiciary Courts correct answers Interpret the law and determine facts if there is not jury

Common Law is also called correct answers Judge-made law

Administrative Law correct answers Law created by the regulatory agencies

Business Regulation correct answers The power to regulate business to protect the public
health and safety and to promote for public welfare can be federal, state, or municipal

Municipal correct answers Deals with business hours, proper use of property, and garbage
disposal

State law includes law from correct answers Municipal ordinances, state legislators, state
regulatory agencies, and sometimes county governments.

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