MGMT 311 Hailey (non-honors) - Exam 1
Questions With Correct Answers
Law consists of - CORRECT ANSWER✔✔-enforceable rules governing relationships
| | | | | | | |
among individuals and between individuals and their society
| | | | | | | |
Four Sources of Law - CORRECT ANSWER✔✔--Constitutions
| | | | | |
-Statutes (Acts) |
-Administrative Rules/Regs |
-Common Law |
Constitutions - CORRECT ANSWER✔✔-establish organization, powers, and limits
| | | | | | | |
of governments
|
Statutory Law (Acts) - CORRECT ANSWER✔✔-Law passed by the U.S. Congress or
| | | | | | | | | | | |
state legislatures
|
-Federal statutes: apply to everyone nationwide
| | | | |
-State statutes: apply only to people within borders of the state
| | | | | | | | | |
-Found in federal and state code of laws (divided by subject)
| | | | | | | | | |
(Ex: Civil Rights Act)
| | |
-Cannot violate constitutional law
| | |
,Administrative Law - CORRECT ANSWER✔✔--can have local, state, or federal
| | | | | | | | | |
agencies
Common Law - CORRECT ANSWER✔✔--created by interpreting the other 3 types
| | | | | | | | | |
-case law
|
-judge made law
| |
Doctrine of Stare Decisis - CORRECT ANSWER✔✔-"to stand on decided cases"
| | | | | | | | | |
-other thing William the Conqueror created
| | | | |
-use of precedent (similar past cases) that judges are obligated to follow if
| | | | | | | | | | | | |
established by a higher court in their jurisdiction
| | | | | | |
Functions of Stare Decisis - CORRECT ANSWER✔✔--Accomplishes court efficiency
| | | | | | | |
-Creates a more just and uniform system
| | | | | |
-Makes the law stable and predictable
| | | | |
-Allows us to use lessons from the past
| | | | | | |
Binding Precedent - CORRECT ANSWER✔✔-Must follow
| | | | |
Persuasive Precedent - CORRECT ANSWER✔✔-Use other similar cases from other
| | | | | | | | | |
jurisdictions to settle precedences | | |
Departures from Precedent - CORRECT ANSWER✔✔--Ruling is incorrect in the
| | | | | | | | | |
precedent
,-Outdated or interpretation has changed
| | | |
ex. Brown v. Board of Education overruled Plessy v. Ferguson
| | | | | | | | |
Cases of First Impression - CORRECT ANSWER✔✔-There is no legal precedent on
| | | | | | | | | | | |
which to base a decision, can look at other jurisdictions but are not binding
| | | | | | | | | | | | |
Factors used when court is faced w/ case of first impression or when conflicting
| | | | | | | | | | | | | |
precedents exist - CORRECT ANSWER✔✔-1. Persuasive precedent
| | | | | |
2. Legal principals and policies underlying previous court decisions and current
| | | | | | | | | | |
statutes
3. Fairness
|
4. Social values and customs
| | | |
5. Public policy
| |
6. Social science data
| | |
Most common law classification systems - CORRECT ANSWER✔✔-- Substantive
| | | | | | | | |
vs. Procedural
|
- Public vs. Private (who the parties are in the case)
| | | | | | | | | |
- Civil vs. Criminal
| | |
Substantive - CORRECT ANSWER✔✔--define and describe your rights
| | | | | | |
-refer to subject areas of law
| | | | |
Procedural - CORRECT ANSWER✔✔--how you pursue enforcing your rights under
| | | | | | | | | |
substantive law |
, ex. Miranda Rights
| |
Public - CORRECT ANSWER✔✔-involve the government
| | | | |
Private - CORRECT ANSWER✔✔-don't involve the government
| | | | | |
Civil - CORRECT ANSWER✔✔-involve the rights b/w people or b/w people and
| | | | | | | | | | | |
their government in non-criminal matters
| | | |
Criminal - CORRECT ANSWER✔✔-involve wrongs committed against the public as
| | | | | | | | | |
a whole
|
Remedies in Equity - CORRECT ANSWER✔✔-Only available if legal remedies are
| | | | | | | | | | |
inadequate, when case cannot be solved with money| | | | | | |
In Personam Jurisdiction - CORRECT ANSWER✔✔--jurisdiction over the person
| | | | | | | |
-individuals reside in the state they live in| | | | | | |
-businesses reside in the state where they're created and where they do most of
| | | | | | | | | | | | | |
their business |
Long Arm Jurisdiction - CORRECT ANSWER✔✔--non-residents
| | | | |
-must have "minimum contacts" with the state
| | | | | |
ex. for individuals: they injure someone within the state, they breach or form a
| | | | | | | | | | | | | |
contract within the state, or they come to the state regularly to do business
| | | | | | | | | | | | |
Questions With Correct Answers
Law consists of - CORRECT ANSWER✔✔-enforceable rules governing relationships
| | | | | | | |
among individuals and between individuals and their society
| | | | | | | |
Four Sources of Law - CORRECT ANSWER✔✔--Constitutions
| | | | | |
-Statutes (Acts) |
-Administrative Rules/Regs |
-Common Law |
Constitutions - CORRECT ANSWER✔✔-establish organization, powers, and limits
| | | | | | | |
of governments
|
Statutory Law (Acts) - CORRECT ANSWER✔✔-Law passed by the U.S. Congress or
| | | | | | | | | | | |
state legislatures
|
-Federal statutes: apply to everyone nationwide
| | | | |
-State statutes: apply only to people within borders of the state
| | | | | | | | | |
-Found in federal and state code of laws (divided by subject)
| | | | | | | | | |
(Ex: Civil Rights Act)
| | |
-Cannot violate constitutional law
| | |
,Administrative Law - CORRECT ANSWER✔✔--can have local, state, or federal
| | | | | | | | | |
agencies
Common Law - CORRECT ANSWER✔✔--created by interpreting the other 3 types
| | | | | | | | | |
-case law
|
-judge made law
| |
Doctrine of Stare Decisis - CORRECT ANSWER✔✔-"to stand on decided cases"
| | | | | | | | | |
-other thing William the Conqueror created
| | | | |
-use of precedent (similar past cases) that judges are obligated to follow if
| | | | | | | | | | | | |
established by a higher court in their jurisdiction
| | | | | | |
Functions of Stare Decisis - CORRECT ANSWER✔✔--Accomplishes court efficiency
| | | | | | | |
-Creates a more just and uniform system
| | | | | |
-Makes the law stable and predictable
| | | | |
-Allows us to use lessons from the past
| | | | | | |
Binding Precedent - CORRECT ANSWER✔✔-Must follow
| | | | |
Persuasive Precedent - CORRECT ANSWER✔✔-Use other similar cases from other
| | | | | | | | | |
jurisdictions to settle precedences | | |
Departures from Precedent - CORRECT ANSWER✔✔--Ruling is incorrect in the
| | | | | | | | | |
precedent
,-Outdated or interpretation has changed
| | | |
ex. Brown v. Board of Education overruled Plessy v. Ferguson
| | | | | | | | |
Cases of First Impression - CORRECT ANSWER✔✔-There is no legal precedent on
| | | | | | | | | | | |
which to base a decision, can look at other jurisdictions but are not binding
| | | | | | | | | | | | |
Factors used when court is faced w/ case of first impression or when conflicting
| | | | | | | | | | | | | |
precedents exist - CORRECT ANSWER✔✔-1. Persuasive precedent
| | | | | |
2. Legal principals and policies underlying previous court decisions and current
| | | | | | | | | | |
statutes
3. Fairness
|
4. Social values and customs
| | | |
5. Public policy
| |
6. Social science data
| | |
Most common law classification systems - CORRECT ANSWER✔✔-- Substantive
| | | | | | | | |
vs. Procedural
|
- Public vs. Private (who the parties are in the case)
| | | | | | | | | |
- Civil vs. Criminal
| | |
Substantive - CORRECT ANSWER✔✔--define and describe your rights
| | | | | | |
-refer to subject areas of law
| | | | |
Procedural - CORRECT ANSWER✔✔--how you pursue enforcing your rights under
| | | | | | | | | |
substantive law |
, ex. Miranda Rights
| |
Public - CORRECT ANSWER✔✔-involve the government
| | | | |
Private - CORRECT ANSWER✔✔-don't involve the government
| | | | | |
Civil - CORRECT ANSWER✔✔-involve the rights b/w people or b/w people and
| | | | | | | | | | | |
their government in non-criminal matters
| | | |
Criminal - CORRECT ANSWER✔✔-involve wrongs committed against the public as
| | | | | | | | | |
a whole
|
Remedies in Equity - CORRECT ANSWER✔✔-Only available if legal remedies are
| | | | | | | | | | |
inadequate, when case cannot be solved with money| | | | | | |
In Personam Jurisdiction - CORRECT ANSWER✔✔--jurisdiction over the person
| | | | | | | |
-individuals reside in the state they live in| | | | | | |
-businesses reside in the state where they're created and where they do most of
| | | | | | | | | | | | | |
their business |
Long Arm Jurisdiction - CORRECT ANSWER✔✔--non-residents
| | | | |
-must have "minimum contacts" with the state
| | | | | |
ex. for individuals: they injure someone within the state, they breach or form a
| | | | | | | | | | | | | |
contract within the state, or they come to the state regularly to do business
| | | | | | | | | | | | |
