MGMT 311 EXAM 1 TAMU EXAMINATION TEST
2026 TESTED QUESTIONS WITH FULL
SOLUTION GRADED A+
◉ Why is it difficult to do civil cases against crimes? Answer: The
defendant must have money to settle civil.
◉ What is the burden of proof in a civil case Answer: preponderance
of the evidence (*more likely than not)*
◉ criminal cases are held when... Answer: a wrong is committed
against *society as a whole*
◉ Explain double jeopardy Answer: Once a person has been tried for
a crime, he cannot be tried again for the same crime
◉ Define Plainiff Answer: a person filing a case against another
(listed first)
◉ Define Defendant Answer: Person being sued or charged with a
crime (listed second)
,◉ What is a trial court Answer: the first court to hear a criminal or
civil case
◉ Cases where a party suing is not asking for damages are referred
to as what? Answer: petitioner & respondent
◉ What is the Court of Appeals? Answer: A court with appellate
jurisdiction that *hears appeals from the decisions of lower courts.*
◉ What is an Appellant? Answer: The party *APPEALING* from one
court to another (petitioner)
◉ What is an Appellee? Answer: The party *OPPOSING* an appeal
from a lower court to an appellate court (respondent) and *WON the
previous trial*
◉ Court of appeals is at an ____________ level Answer: intermediate
◉ What are the High courts Answer: petitioner and respondent
when ruling in *court of appeals is overturned*.
◉ Define Petitioner Answer: the party *appealing *to the high court.
,◉ Define respondent Answer: won at court of appeals level and
defends against petition to Supreme Court
◉ What are the types of opinions issued by reviewing? Answer: 1.
unanimous
2. majority
3. concurring opinion
4. dissenting opinion
◉ Trial court is ___ vs ___. Answer: Plaintiff vs defendant
◉ Court of Appeals is ___ vs ___. Answer: Appellant vs Appellee
◉ High court is ____ vs ____. Answer: Petitioner (files the appeal) vs
Respondent
◉ Define unanimous Answer: ALL members in complete agreement
(STRONG opinion)
◉ Define majority Answer: the greater number
◉ Define concurring opinion Answer: An opinion that agrees with
the majority in a Supreme Court ruling but differs on the reasoning.
, *Same opinion diff reasons *
◉ Define dissenting opinion Answer: An opinion *disagreeing with a
majority* in a Supreme Court ruling and the reasoning behind the
ruling.
◉ Freedom of speech features Answer: - *Verbal & non verbal *
- *our rights vs govt job *to protect citizens
- *time/place/manner* restrictions ALWAYS constitutional
- Restrictive laws must serve *COMPELLING state/govt interests and
narrow.*
◉ Define Constitutional power of the government Answer: Federal
form of government & Regulatory power of the states
◉ What is the Federal Government Answer: Divided powers among
states and national governments (partnership)
◉ What are State Powers Answer: Sovereignty- power to govern
themselves stems from the 10th amendment
2026 TESTED QUESTIONS WITH FULL
SOLUTION GRADED A+
◉ Why is it difficult to do civil cases against crimes? Answer: The
defendant must have money to settle civil.
◉ What is the burden of proof in a civil case Answer: preponderance
of the evidence (*more likely than not)*
◉ criminal cases are held when... Answer: a wrong is committed
against *society as a whole*
◉ Explain double jeopardy Answer: Once a person has been tried for
a crime, he cannot be tried again for the same crime
◉ Define Plainiff Answer: a person filing a case against another
(listed first)
◉ Define Defendant Answer: Person being sued or charged with a
crime (listed second)
,◉ What is a trial court Answer: the first court to hear a criminal or
civil case
◉ Cases where a party suing is not asking for damages are referred
to as what? Answer: petitioner & respondent
◉ What is the Court of Appeals? Answer: A court with appellate
jurisdiction that *hears appeals from the decisions of lower courts.*
◉ What is an Appellant? Answer: The party *APPEALING* from one
court to another (petitioner)
◉ What is an Appellee? Answer: The party *OPPOSING* an appeal
from a lower court to an appellate court (respondent) and *WON the
previous trial*
◉ Court of appeals is at an ____________ level Answer: intermediate
◉ What are the High courts Answer: petitioner and respondent
when ruling in *court of appeals is overturned*.
◉ Define Petitioner Answer: the party *appealing *to the high court.
,◉ Define respondent Answer: won at court of appeals level and
defends against petition to Supreme Court
◉ What are the types of opinions issued by reviewing? Answer: 1.
unanimous
2. majority
3. concurring opinion
4. dissenting opinion
◉ Trial court is ___ vs ___. Answer: Plaintiff vs defendant
◉ Court of Appeals is ___ vs ___. Answer: Appellant vs Appellee
◉ High court is ____ vs ____. Answer: Petitioner (files the appeal) vs
Respondent
◉ Define unanimous Answer: ALL members in complete agreement
(STRONG opinion)
◉ Define majority Answer: the greater number
◉ Define concurring opinion Answer: An opinion that agrees with
the majority in a Supreme Court ruling but differs on the reasoning.
, *Same opinion diff reasons *
◉ Define dissenting opinion Answer: An opinion *disagreeing with a
majority* in a Supreme Court ruling and the reasoning behind the
ruling.
◉ Freedom of speech features Answer: - *Verbal & non verbal *
- *our rights vs govt job *to protect citizens
- *time/place/manner* restrictions ALWAYS constitutional
- Restrictive laws must serve *COMPELLING state/govt interests and
narrow.*
◉ Define Constitutional power of the government Answer: Federal
form of government & Regulatory power of the states
◉ What is the Federal Government Answer: Divided powers among
states and national governments (partnership)
◉ What are State Powers Answer: Sovereignty- power to govern
themselves stems from the 10th amendment
