MGMT 271 (Doucet) 2025 Update
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Terms in this set (127)
Doctrine of Legislative statutory law prevails if conflict arises with common
Supremacy law
What is the supreme law The Constitution
of the land?
Who has authority to Federal Courts
declare act of congress
unconstitutional?
certain administrative searches for highly regulated
Warrantless Searches
activities
Exclusionary Rule illegally obtained evidence cannot be used
Regulatory Taking government denies owner of economic use of land
Congress can legislate Explicitly
when ___ authorized by
the constitution.
Police Powers When states make laws within a state
congress has constitutional authority to regulate
Commerce Clause
commerce with foreign nations and among states
Why does congress To preserve free trade among states
regulate interstate
commerce?
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, 4/21/25, 8:47 AM MGMT 271 (Doucet) 2025 Update COMPREHENSIVE FREQUENTLY TESTED QUESTIONS and verified answers WITH RAT…
Federal Preemption state law invalid if conflicts with federal law
When can states regulate If not federally preempted
interstate commerce? does not unduly burden interstate commerce
no interpretation needed if language is clear,
Plain Meaning Rule
prevents court from taking sides
States go against pain meaning rule to avoid absurd
Absurdity Doctrine
legal conclusions
Precedent follow previous authoritative decisions
Why follow precedent? For consistency and predictability
Doctrine of Stare Decisis Follow precedent, stand by what has been decided
Administrative Notice to public of proposed agency regulation
Procedures Act (APA) 3 Opportunity to be heard
steps Publication of final regulations
Action is reviewable,
You can challenge
Standing to sue: plaintiff must suffer injury, with
administrative decisions if
causal connection
what 3 requirements are
Exhaustion of administrative remedies: attempt to
met?
settle before taking to court
What are the 3 Negotiation,
Alternative Dispute Mediation,
Resolutions? (ADR) Arbitration
Negotiation Settled between parties/attorneys
Voluntary trained neutral helps reach settlement,
Mediation
does not decide, high success rate
Trained neutral hears and decides dispute,
Arbitration
binding/non-binding, cheaper/faster than litigation
Jurisdiction Power of court to hear/decide case
Subject Matter Court authority to hear cases of specific type
Jurisdiction
Personal Jurisdiction Court authority over defendant
Procedure to determine court jurisdiction over a
Minimum Contacts
person from another state
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