MGT 2050 QUESTIONS AND VERIFIED ANSWERS
Law - Answers - Rules that regulate conduct of individuals, businesses, and other
organizations within society; it protects, forbids, and requires
Black's law definition - Answers - A body of rules of action or conduct prescribed by
controlling authority, and having binding legal force
Flexibility of law - Answers - American law evolves and changes along with the norms of
society, technology, and the growth and expansion of commerce in the United States
and the world
Brown v. Board of Education - Answers - The Supreme Court unanimously reversed
prior precedent and held that the separate but equal doctrine violated the Equal
Protection Clause of the Fourteenth Amendment
Common law - Answers - Law developed over hundreds of years by judges who issued
their opinions when deciding cases; the principles announced in these cases became
precedent for later judges deciding similar cases
Precedent - Answers - An example or guide to be considered in subsequent similar
circumstances
Stare Decisis - Answers - The doctrine following the precedent of an earlier court
Legislative branch - Answers - Enacts the law
Executive branch - Answers - Enforces the law
Judiciary branch - Answers - Interprets the law
Marbury v. Madison - Answers - The Supreme Court ruled that it has the authority to
review acts of Congress and determine whether or not they are unconstitutional and
therefore void
Petition for certiorari - Answers - The document filed requesting the court to hear the
case
Writ of certiorari - Answers - Issued if the court decided to hear the case
A Federal question - Answers - A case arising under the American Constitution, treaties,
or federal statutes and regulations OR a case involving diversity of citizenship
, Hertz v. Friends - Answers - The Supreme Court ruled that Hertz's corporate
headquarters was located in New Jersey and not California where the Friends were; as
a result, the case was moved to Federal court
For a court to hear a case, these three requirements must be satisfied: - Answers -
Personal jurisdiction, subject matter jurisdiction, and venue
Personal jurisdiction - Answers - The power of the court over the parties in the case
Standing to sue - Answers - Falls under Personal jurisdiction; the plaintiff must have
some stake in the outcome
Subject matter jurisdiction - Answers - The power of the court to hear that particular type
of case
Venue - Answers - The requirement that lawsuits be heard by the court with jurisdiction
that is nearest the location in which the incident occurred or where the parties reside
Forum-selection clause - Answers - A contract clause wherein the parties agree on what
court they will litigate any dispute that arises between them
Choice-of-law clause - Answers - A contract clause wherein the parties agree on what
law will apply should a dispute arise between them
The Longarm Statute - Answers - A statute that extends a state's jurisdiction to
nonresidents who were not served a summons within the state; the nonresident must
have some minimum and continuous contact with the state
International Shoe Company v. State of Washington - Answers - The Supreme Court
established the "minimum contacts" test, the definition of "systematic and continuous,"
and the definition of "traditional notions of fair play and substantial justice"
Zippo Manufacturing Company v. Zippo Dot Com, Inc. - Answers - The court developed
a sliding scale to determine whether a court had personal jurisdiction when dealing with
people and companies operating in cyberspace
Cyberspace sliding scale: - Answers - Business website: Personal jurisdiction
Interactive website: Depends on level of activity
Passive website: No personal jurisdiction
Litigation - Answers - The process of brining, maintaining, and defending a lawsuit
The process of pleadings - Answers - Complaint, answer, cross-complaint, and reply
Complaint - Answers - Names the parties to the lawsuit, alleges ultimate facts and law
violated, and contains a "prayer for relief"
Law - Answers - Rules that regulate conduct of individuals, businesses, and other
organizations within society; it protects, forbids, and requires
Black's law definition - Answers - A body of rules of action or conduct prescribed by
controlling authority, and having binding legal force
Flexibility of law - Answers - American law evolves and changes along with the norms of
society, technology, and the growth and expansion of commerce in the United States
and the world
Brown v. Board of Education - Answers - The Supreme Court unanimously reversed
prior precedent and held that the separate but equal doctrine violated the Equal
Protection Clause of the Fourteenth Amendment
Common law - Answers - Law developed over hundreds of years by judges who issued
their opinions when deciding cases; the principles announced in these cases became
precedent for later judges deciding similar cases
Precedent - Answers - An example or guide to be considered in subsequent similar
circumstances
Stare Decisis - Answers - The doctrine following the precedent of an earlier court
Legislative branch - Answers - Enacts the law
Executive branch - Answers - Enforces the law
Judiciary branch - Answers - Interprets the law
Marbury v. Madison - Answers - The Supreme Court ruled that it has the authority to
review acts of Congress and determine whether or not they are unconstitutional and
therefore void
Petition for certiorari - Answers - The document filed requesting the court to hear the
case
Writ of certiorari - Answers - Issued if the court decided to hear the case
A Federal question - Answers - A case arising under the American Constitution, treaties,
or federal statutes and regulations OR a case involving diversity of citizenship
, Hertz v. Friends - Answers - The Supreme Court ruled that Hertz's corporate
headquarters was located in New Jersey and not California where the Friends were; as
a result, the case was moved to Federal court
For a court to hear a case, these three requirements must be satisfied: - Answers -
Personal jurisdiction, subject matter jurisdiction, and venue
Personal jurisdiction - Answers - The power of the court over the parties in the case
Standing to sue - Answers - Falls under Personal jurisdiction; the plaintiff must have
some stake in the outcome
Subject matter jurisdiction - Answers - The power of the court to hear that particular type
of case
Venue - Answers - The requirement that lawsuits be heard by the court with jurisdiction
that is nearest the location in which the incident occurred or where the parties reside
Forum-selection clause - Answers - A contract clause wherein the parties agree on what
court they will litigate any dispute that arises between them
Choice-of-law clause - Answers - A contract clause wherein the parties agree on what
law will apply should a dispute arise between them
The Longarm Statute - Answers - A statute that extends a state's jurisdiction to
nonresidents who were not served a summons within the state; the nonresident must
have some minimum and continuous contact with the state
International Shoe Company v. State of Washington - Answers - The Supreme Court
established the "minimum contacts" test, the definition of "systematic and continuous,"
and the definition of "traditional notions of fair play and substantial justice"
Zippo Manufacturing Company v. Zippo Dot Com, Inc. - Answers - The court developed
a sliding scale to determine whether a court had personal jurisdiction when dealing with
people and companies operating in cyberspace
Cyberspace sliding scale: - Answers - Business website: Personal jurisdiction
Interactive website: Depends on level of activity
Passive website: No personal jurisdiction
Litigation - Answers - The process of brining, maintaining, and defending a lawsuit
The process of pleadings - Answers - Complaint, answer, cross-complaint, and reply
Complaint - Answers - Names the parties to the lawsuit, alleges ultimate facts and law
violated, and contains a "prayer for relief"
