MGT 2050 FERGUSON FINAL EXAM PREP QUESTIONS
AND VERIFIED ANSWERS
Legislative rules - Answers - rules that govern activities that the agency has authority
over
Rational bias - Answers - The least stringent form of scrutiny
laws are NOT - Answers - Absolute
Which of the following is true of the U.S. Constitution? (all of these) - Answers - It
enumerates and protects citizens' rights.
Every law in the US must comply with the Constitution.
It establishes three branches of government.
Which of the following contributes to the structure of the Constitution? (all of these) -
Answers - The Preamble
Seven Articles
27 Amendments
Freedom of speech - Answers - Can cover oral, written, and symbolic speech
What are the 2 Schools of Jurisprudential Thought? - Answers - Natural Law
Legal Positivism
Natural Law - Answers - all persons have inalienable, natural rights
there exists a higher or supreme universal law that can be found and studied
reflected in the U.S. Constitution, the Universal Declaration of Human Rights, and the
United Nations Charter
Legal Positivism - Answers - laws are human creations that reflect the reality of human
existence in that moment
laws are human constructions created by those who have been put into authority
Civil Law - Answers - maintain order and justice between citizens
in the US system focuses on disputes between private parties or groups, though
governmental actors or agencies can also be involved
Criminal Law - Answers - harm or injustice against all the people in the jurisdiction
,Private Law - Answers - a legal conflict arises between two private individuals or entities
Public Law - Answers - If either or both participants involved are a government or
governmental entity
the outcomes are often based far more on political power and influence
Strict Scrutiny Test - Answers - if a law treats people differently based on what is called
a suspect class (usually race or ethnicity) or involves a constitutional right (freedom of
religion, right to a trial, and so on) it will be constitutional only if designed to achieve a
compelling state interest(usually health, safety, or the welfare of people)
Intermediate Scrutiny Test - Answers - when a law treats people differently based upon
classifications that are protected but do not rise to the level of suspect class (usually
gender or age), the law has a lower threshold to meet in order to be ruled constitutional
Rational Basis Test - Answers - least stringent form of scrutiny
It will allow for the treatment of citizens in a disparate way in matters of economic or
social welfare if there is a justifiable reason or a rational basis for the government action
An administrative law judge hears the evidence from - Answers - Both the agency and
the entity accused
Burdens of Proof - Answers - prima facie case
preponderance of the evidence
beyond a reasonable doubt
prima facie case - Answers - enough evidence to go forward with trial
most basic level of proof
preponderance of the evidence - Answers - must be met to find someone liable in a civil
case
the plaintiff is more likely than not correct in their assertion than the defendant is in their
defense
beyond a reasonable doubt - Answers - required to find someone guilty in a criminal trial
no reasonable person would be able to doubt what the prosecutor has presented
, Directed verdict - Answers - the court to decide in his or her favor without having to
present his or her defense
If at the end of the case, a plaintiff has not established the facts and law to support
her/his claim, the defendant may make a motion for
At the conclusion of a trial - Answers - The judge may override the decision of the jury in
rare cases
Problems of Negotiation - Answers - Enforcement
Power disparity
Lack of negotiation skills
Communication problems
Lower courts are supposed to - Answers - Follow the rulings of the courts above
When can the defendant move for a directed verdict? - Answers - When there is not
enough evidence to find in favor of the plaintiff
For a jury to be impaneled means that the jury is - Answers - Selected
Which of the following is true concerning a verdict? (all of these) - Answers - The court
enters an official judgment in accordance with the jury verdict.
The verdict is the complete finding and conclusion of the issues presented.
If a judge discovers bias or jury misconduct, the judge may reject the verdict.
The jury must deliberate before reaching a decision.
Which of the following is true of federal courts? (all of these) - Answers - Federal courts
have 13 circuit courts.
Federal courts include the US Supreme Court.
Federal courts can hear cases involving admiralty.
Federal courts have 94 district courts.
In the following citation: A.L.A. Schechter Poultry Corp. v. United States, 295 U.S. 495
(1935),
"295" is the - Answers - Volume of the reporter where the case can be found
IRAC "I" = - Answers - Issue
look to see what it is that the court is trying to decide
AND VERIFIED ANSWERS
Legislative rules - Answers - rules that govern activities that the agency has authority
over
Rational bias - Answers - The least stringent form of scrutiny
laws are NOT - Answers - Absolute
Which of the following is true of the U.S. Constitution? (all of these) - Answers - It
enumerates and protects citizens' rights.
Every law in the US must comply with the Constitution.
It establishes three branches of government.
Which of the following contributes to the structure of the Constitution? (all of these) -
Answers - The Preamble
Seven Articles
27 Amendments
Freedom of speech - Answers - Can cover oral, written, and symbolic speech
What are the 2 Schools of Jurisprudential Thought? - Answers - Natural Law
Legal Positivism
Natural Law - Answers - all persons have inalienable, natural rights
there exists a higher or supreme universal law that can be found and studied
reflected in the U.S. Constitution, the Universal Declaration of Human Rights, and the
United Nations Charter
Legal Positivism - Answers - laws are human creations that reflect the reality of human
existence in that moment
laws are human constructions created by those who have been put into authority
Civil Law - Answers - maintain order and justice between citizens
in the US system focuses on disputes between private parties or groups, though
governmental actors or agencies can also be involved
Criminal Law - Answers - harm or injustice against all the people in the jurisdiction
,Private Law - Answers - a legal conflict arises between two private individuals or entities
Public Law - Answers - If either or both participants involved are a government or
governmental entity
the outcomes are often based far more on political power and influence
Strict Scrutiny Test - Answers - if a law treats people differently based on what is called
a suspect class (usually race or ethnicity) or involves a constitutional right (freedom of
religion, right to a trial, and so on) it will be constitutional only if designed to achieve a
compelling state interest(usually health, safety, or the welfare of people)
Intermediate Scrutiny Test - Answers - when a law treats people differently based upon
classifications that are protected but do not rise to the level of suspect class (usually
gender or age), the law has a lower threshold to meet in order to be ruled constitutional
Rational Basis Test - Answers - least stringent form of scrutiny
It will allow for the treatment of citizens in a disparate way in matters of economic or
social welfare if there is a justifiable reason or a rational basis for the government action
An administrative law judge hears the evidence from - Answers - Both the agency and
the entity accused
Burdens of Proof - Answers - prima facie case
preponderance of the evidence
beyond a reasonable doubt
prima facie case - Answers - enough evidence to go forward with trial
most basic level of proof
preponderance of the evidence - Answers - must be met to find someone liable in a civil
case
the plaintiff is more likely than not correct in their assertion than the defendant is in their
defense
beyond a reasonable doubt - Answers - required to find someone guilty in a criminal trial
no reasonable person would be able to doubt what the prosecutor has presented
, Directed verdict - Answers - the court to decide in his or her favor without having to
present his or her defense
If at the end of the case, a plaintiff has not established the facts and law to support
her/his claim, the defendant may make a motion for
At the conclusion of a trial - Answers - The judge may override the decision of the jury in
rare cases
Problems of Negotiation - Answers - Enforcement
Power disparity
Lack of negotiation skills
Communication problems
Lower courts are supposed to - Answers - Follow the rulings of the courts above
When can the defendant move for a directed verdict? - Answers - When there is not
enough evidence to find in favor of the plaintiff
For a jury to be impaneled means that the jury is - Answers - Selected
Which of the following is true concerning a verdict? (all of these) - Answers - The court
enters an official judgment in accordance with the jury verdict.
The verdict is the complete finding and conclusion of the issues presented.
If a judge discovers bias or jury misconduct, the judge may reject the verdict.
The jury must deliberate before reaching a decision.
Which of the following is true of federal courts? (all of these) - Answers - Federal courts
have 13 circuit courts.
Federal courts include the US Supreme Court.
Federal courts can hear cases involving admiralty.
Federal courts have 94 district courts.
In the following citation: A.L.A. Schechter Poultry Corp. v. United States, 295 U.S. 495
(1935),
"295" is the - Answers - Volume of the reporter where the case can be found
IRAC "I" = - Answers - Issue
look to see what it is that the court is trying to decide
