Management Exam 1 Tamu MGMT-209 || GRADED A+
Law correct answers Law is a group of rules and regulations that line out how governments
treat their people and the ability to enforce it.
Regulatory Role of Law correct answers directs and standardizes activities that would
otherwise be considered purely private interactions of individuals
Executive Law Powers correct answers Executive Orders, Appoint Executive Officials and
Judges
Judicial Law Powers correct answers Common Law (Judge Made/Case Law), Interpret Law,
Judicial Review
Federal vs. State Law correct answers -Federal law is created at the national level and affects
the entire nation
-State law is the law of each separate U.S. state and applies only to that state
-State law can NOT conflict with federal law
Private vs Public Law correct answers law between individuals vs. law between individuals
& govt.
Civil and Criminal Law correct answers The two types of legal cases; the first involving the
disputes between two parties, the second involving broken laws, the second one is always
versus the government
Substantive vs. Procedural Law correct answers - *Substantive law* is the "what" that
defines, regulates, and creates legal rights.
- *Procedural law* is "how" to enforce your rights, how the process of enforcing the law
goes, and establishes penalties or remedies.
Equitable and Legal Remedies correct answers Civil, legal remedies are monetary relief.
Equitable are 1. specific performance 2. Injunctive relief
Constitution correct answers Written document that divides power between national and state
government. Gives National gov power to regulate business and created after the Articles of
Confederation messed up
enumerated powers correct answers Powers given to the national government alone
Gibbons v. Ogden correct answers Regulating interstate commerce is a power reserved to the
federal government
NLRB v. Jones and Laughlin Steel Corp. correct answers expanded the scope of the
Commerce Clause granting Congress the power to exercise control over intrastate commerce
as long the intrastate activities, considered in the aggregate, have a close and substantial
relationship to interstate commerce.
Wickard v. Filburn correct answers Interstate commerce case; Farmer growing too much
wheat is taxed because it affects interstate commerce
, McLain v. Real Estate Board of New Orleans, Inc. correct answers interstate commerce can
be purely local if it "substantially affects interstate commerce"
McCulloch v. Maryland correct answers Maryland was trying to tax the national bank and
Supreme Court ruled that federal law was stronger than the state law
United States v. Lopez correct answers 1995 - The Commerce Clause of the Constitution
does not give Congress the power to prohibit mere possession of a gun near a school, because
gun possession by itself is not an economic activity that affects interstate commerce even
indirectly. State control local issues
Surpemacy Clause correct answers States that the constitution is the highest law there is,
shown in Hughes vs Oklahoma and Maine vs Taylor
Doctrines of Incorporation correct answers 14th amendment causes bill of rights to apply to
the states regardless of what they put in place
Reverse Incorporation correct answers refers to Supreme Court's application of equal
protection standards reading an equal protection component of the due process law of the 5th
amendment; they apply it to national govt. and the 14th amendment applies it to states - so
therefore no government is exempt from equal protection
Due Process Clause correct answers 14th amendment clause stating that no state may deprive
a person of life, liberty, or property without due process of law
Equal Protection Clause correct answers 14th amendment clause that prohibits states from
denying equal protection under the law, and has been used to combat discrimination
Blue Laws correct answers laws designed to restrict personal behavior in accord with a strict
code of morality (no alcohol on Sundays)
Amendments to Know correct answers -4th "Search and Seizure"
-5th "Self Incrimination" (Miranda Rights, Due Process)
-14th "Equal Protection", Three Prong Test
Litigation correct answers To take legal action
Types of Judicial Court Systems correct answers -Criminal
-Civil/Administrative (No court Appointed Attorney or 5th amendment, plantiff brings to
Defendant)
-Civil Court System
--Trial Court (Conventional TV Court)
--Appellate Court (C'mon guys I should get to do this trial again, time and with only judges)
Texas Court System correct answers Complex compared to other states. Put into 4 tiers,
starting with Municipal Courts and Ending with the Supreme Court of Texas/Court of
Criminal Appeals
Law correct answers Law is a group of rules and regulations that line out how governments
treat their people and the ability to enforce it.
Regulatory Role of Law correct answers directs and standardizes activities that would
otherwise be considered purely private interactions of individuals
Executive Law Powers correct answers Executive Orders, Appoint Executive Officials and
Judges
Judicial Law Powers correct answers Common Law (Judge Made/Case Law), Interpret Law,
Judicial Review
Federal vs. State Law correct answers -Federal law is created at the national level and affects
the entire nation
-State law is the law of each separate U.S. state and applies only to that state
-State law can NOT conflict with federal law
Private vs Public Law correct answers law between individuals vs. law between individuals
& govt.
Civil and Criminal Law correct answers The two types of legal cases; the first involving the
disputes between two parties, the second involving broken laws, the second one is always
versus the government
Substantive vs. Procedural Law correct answers - *Substantive law* is the "what" that
defines, regulates, and creates legal rights.
- *Procedural law* is "how" to enforce your rights, how the process of enforcing the law
goes, and establishes penalties or remedies.
Equitable and Legal Remedies correct answers Civil, legal remedies are monetary relief.
Equitable are 1. specific performance 2. Injunctive relief
Constitution correct answers Written document that divides power between national and state
government. Gives National gov power to regulate business and created after the Articles of
Confederation messed up
enumerated powers correct answers Powers given to the national government alone
Gibbons v. Ogden correct answers Regulating interstate commerce is a power reserved to the
federal government
NLRB v. Jones and Laughlin Steel Corp. correct answers expanded the scope of the
Commerce Clause granting Congress the power to exercise control over intrastate commerce
as long the intrastate activities, considered in the aggregate, have a close and substantial
relationship to interstate commerce.
Wickard v. Filburn correct answers Interstate commerce case; Farmer growing too much
wheat is taxed because it affects interstate commerce
, McLain v. Real Estate Board of New Orleans, Inc. correct answers interstate commerce can
be purely local if it "substantially affects interstate commerce"
McCulloch v. Maryland correct answers Maryland was trying to tax the national bank and
Supreme Court ruled that federal law was stronger than the state law
United States v. Lopez correct answers 1995 - The Commerce Clause of the Constitution
does not give Congress the power to prohibit mere possession of a gun near a school, because
gun possession by itself is not an economic activity that affects interstate commerce even
indirectly. State control local issues
Surpemacy Clause correct answers States that the constitution is the highest law there is,
shown in Hughes vs Oklahoma and Maine vs Taylor
Doctrines of Incorporation correct answers 14th amendment causes bill of rights to apply to
the states regardless of what they put in place
Reverse Incorporation correct answers refers to Supreme Court's application of equal
protection standards reading an equal protection component of the due process law of the 5th
amendment; they apply it to national govt. and the 14th amendment applies it to states - so
therefore no government is exempt from equal protection
Due Process Clause correct answers 14th amendment clause stating that no state may deprive
a person of life, liberty, or property without due process of law
Equal Protection Clause correct answers 14th amendment clause that prohibits states from
denying equal protection under the law, and has been used to combat discrimination
Blue Laws correct answers laws designed to restrict personal behavior in accord with a strict
code of morality (no alcohol on Sundays)
Amendments to Know correct answers -4th "Search and Seizure"
-5th "Self Incrimination" (Miranda Rights, Due Process)
-14th "Equal Protection", Three Prong Test
Litigation correct answers To take legal action
Types of Judicial Court Systems correct answers -Criminal
-Civil/Administrative (No court Appointed Attorney or 5th amendment, plantiff brings to
Defendant)
-Civil Court System
--Trial Court (Conventional TV Court)
--Appellate Court (C'mon guys I should get to do this trial again, time and with only judges)
Texas Court System correct answers Complex compared to other states. Put into 4 tiers,
starting with Municipal Courts and Ending with the Supreme Court of Texas/Court of
Criminal Appeals
