MANAGEMENT 201 EXAM 1,2,3 & 4 WITH DETAILED SOLUTIONS
EXAM I
originalist - ANSWER-Jurists who subscribe to original meaning.
judicial activist - ANSWER-judges who think the constitution is a living document
and should adapt and change within times. (liberal left)
Subject Matter Jurisdiction - ANSWER-the power of a court to hear a case and
decide where they go (ex: federal or state)
Federal Question - ANSWER-a case when federal district courts may exercise
their original jurisdiction to try a lawsuit.
original jurisdiction - ANSWER-the authority of the supreme court to hear cases
for the first time
Diversity Jurisdiction - ANSWER-the power of the federal courts to hear matters
of state law if the opposing parties are from different states and the amount in
controversy exceeds $75,000
,removal - ANSWER-Moving a case from state to federal court
trial record - ANSWER-A transcript of what happened at the trial
bench trial - ANSWER-A trial in which the judge alone hears the case and acts as
jury
trier of fact - ANSWER-fact finding entity (jury)
question of law - ANSWER-Strictly legal issues, such as which evidence to admit,
that are resolved by the judge during a trial.
remand - ANSWER-to send a case from appellate back to trial court for further
action
writ of certiorari - ANSWER-Order by the Supreme Court directing a lower court
to send up the records of a case for review. (4)
jurisprudence - ANSWER-philosophy of law
,U.S. Constitution - ANSWER-A document that embodies the fundamental laws and
principles by which the United States is governed.
Due Process - ANSWER-ensures fundamental fairness and decency in government
actions
Public Law - ANSWER-law that applies to everyone
Private Law - ANSWER-law that is legally binding for parties who agreed to it.
(Contract)
Procedural Law - ANSWER-Laws that must be followed by government
Substantive Law - ANSWER-the actual substance of the law or the merits of the
claim, case, or action
Primary Sources of Law - ANSWER-Actual laws; these include constitutions,
statutes, and judicial opinions.
Secondary Sources of Law - ANSWER-summarize and clarify the primary sources
of law
, Statutory Law - ANSWER-legislative acts declaring, commanding, or prohibiting
something
Common Law - ANSWER-a system of law based on precedent and customs
stare decisis - ANSWER-A Latin phrase meaning "let the decision stand." Most
cases reaching appellate courts are settled on this principle.
precedent - ANSWER-an earlier event or action that is regarded as an example or
guide to be considered in subsequent similar circumstances.
IRAC - ANSWER-Issue, Rule, Analysis, Conclusion
Judicial Review - ANSWER-The power of the courts to declare laws
unconstitutional
strict constructionist - ANSWER-(origanilist) Someone who thinks the constitution
should be interpreted in light of its original meaning
Rule of Four - ANSWER-only 4 justices need to agree for case to be heard
EXAM I
originalist - ANSWER-Jurists who subscribe to original meaning.
judicial activist - ANSWER-judges who think the constitution is a living document
and should adapt and change within times. (liberal left)
Subject Matter Jurisdiction - ANSWER-the power of a court to hear a case and
decide where they go (ex: federal or state)
Federal Question - ANSWER-a case when federal district courts may exercise
their original jurisdiction to try a lawsuit.
original jurisdiction - ANSWER-the authority of the supreme court to hear cases
for the first time
Diversity Jurisdiction - ANSWER-the power of the federal courts to hear matters
of state law if the opposing parties are from different states and the amount in
controversy exceeds $75,000
,removal - ANSWER-Moving a case from state to federal court
trial record - ANSWER-A transcript of what happened at the trial
bench trial - ANSWER-A trial in which the judge alone hears the case and acts as
jury
trier of fact - ANSWER-fact finding entity (jury)
question of law - ANSWER-Strictly legal issues, such as which evidence to admit,
that are resolved by the judge during a trial.
remand - ANSWER-to send a case from appellate back to trial court for further
action
writ of certiorari - ANSWER-Order by the Supreme Court directing a lower court
to send up the records of a case for review. (4)
jurisprudence - ANSWER-philosophy of law
,U.S. Constitution - ANSWER-A document that embodies the fundamental laws and
principles by which the United States is governed.
Due Process - ANSWER-ensures fundamental fairness and decency in government
actions
Public Law - ANSWER-law that applies to everyone
Private Law - ANSWER-law that is legally binding for parties who agreed to it.
(Contract)
Procedural Law - ANSWER-Laws that must be followed by government
Substantive Law - ANSWER-the actual substance of the law or the merits of the
claim, case, or action
Primary Sources of Law - ANSWER-Actual laws; these include constitutions,
statutes, and judicial opinions.
Secondary Sources of Law - ANSWER-summarize and clarify the primary sources
of law
, Statutory Law - ANSWER-legislative acts declaring, commanding, or prohibiting
something
Common Law - ANSWER-a system of law based on precedent and customs
stare decisis - ANSWER-A Latin phrase meaning "let the decision stand." Most
cases reaching appellate courts are settled on this principle.
precedent - ANSWER-an earlier event or action that is regarded as an example or
guide to be considered in subsequent similar circumstances.
IRAC - ANSWER-Issue, Rule, Analysis, Conclusion
Judicial Review - ANSWER-The power of the courts to declare laws
unconstitutional
strict constructionist - ANSWER-(origanilist) Someone who thinks the constitution
should be interpreted in light of its original meaning
Rule of Four - ANSWER-only 4 justices need to agree for case to be heard
