University of North Carolina at Greensboro MGT 330 Exam 1 ||
with 100% Correct Answers.
stare decisis correct answers doctrine requiring judges to follow decisions of earlier courts when
presented with similar circumstances
summons correct answers notice to defendant that a suit has been filed
jurisdiction correct answers the power of the court to hear and determine a matter before it is
called (must have in personam and subject matter to hear a case)
4 elements of negligence-damages? correct answers ALL NECESSARY TO PROVE
NEGLIGENCE:
duty of care (responsibility to do something), breach of duty (don't do what they are supposed
to/act in a reasonable way and injury/result is foreseeable), injury/damage to plaintiff/property of
plaintiff, proximate cause (defendant caused injury to plaintiff, if they had acted
responsibly/correctly the injury/outcome wouldn't have happened)
-compensatory only
in personam jurisdiction &
when is it least likely? correct answers the person being sued must have a connection with the
court they are being sued in (Smith can sue Jones in state A for accident Jones caused only if
Jones is a citizen of state A or the accident occurred in state A)
-least likely when state has no contacts with forum state but is served with process in another
state
intentional tort/damages correct answers -assault (word/action intending fear of harm), battery
(harmful touching of another), false imprisonment (intentional confinement of others activities
w/o justification), appropriation (stealing image), conversion (stealing and then selling someones
property), defamation..NOT NEGLIGENCE
-compensatory or punitive
, law classification that makes distinction whether state or individual brings action correct answers
civil or criminal
burden of proof-civil vs criminal correct answers civil- plaintiff proving evidence based on
preponderance of evidence
criminal- government proving defendant guilty beyond a reasonable doubt
due process correct answers 5th and 14th amendment, must be given notice and a chance to be
heard before action can be taken
defenses to negligence (different in NC) correct answers NC-contributory (any evidence against
plaintiff means the defendant wins)
most other states-comparative
-assumption of risk (know risks and did unproperly)
-consent (consent to typical injuries like in soccer)
-act of God (boyscouts ex)
-government/sovereign immunity (government cannot be sued)
standing to sue correct answers an individual must have a sufficient stake in the controversy
before bringing a lawsuit, plaintiff must demonstrate they have been injured/damaged or
threatened with such.
supremacy clause/preemption correct answers state and local laws that directly conflict with
federal laws must uphold the federal law/certain federal laws take precedence over state or local
laws
small claims courts (NC specifics) correct answers magistrate courts, resolution of minor
disputes, rules of civil procedures more relaxed
(NC-10,000 dollars or less, appeal to district court)
with 100% Correct Answers.
stare decisis correct answers doctrine requiring judges to follow decisions of earlier courts when
presented with similar circumstances
summons correct answers notice to defendant that a suit has been filed
jurisdiction correct answers the power of the court to hear and determine a matter before it is
called (must have in personam and subject matter to hear a case)
4 elements of negligence-damages? correct answers ALL NECESSARY TO PROVE
NEGLIGENCE:
duty of care (responsibility to do something), breach of duty (don't do what they are supposed
to/act in a reasonable way and injury/result is foreseeable), injury/damage to plaintiff/property of
plaintiff, proximate cause (defendant caused injury to plaintiff, if they had acted
responsibly/correctly the injury/outcome wouldn't have happened)
-compensatory only
in personam jurisdiction &
when is it least likely? correct answers the person being sued must have a connection with the
court they are being sued in (Smith can sue Jones in state A for accident Jones caused only if
Jones is a citizen of state A or the accident occurred in state A)
-least likely when state has no contacts with forum state but is served with process in another
state
intentional tort/damages correct answers -assault (word/action intending fear of harm), battery
(harmful touching of another), false imprisonment (intentional confinement of others activities
w/o justification), appropriation (stealing image), conversion (stealing and then selling someones
property), defamation..NOT NEGLIGENCE
-compensatory or punitive
, law classification that makes distinction whether state or individual brings action correct answers
civil or criminal
burden of proof-civil vs criminal correct answers civil- plaintiff proving evidence based on
preponderance of evidence
criminal- government proving defendant guilty beyond a reasonable doubt
due process correct answers 5th and 14th amendment, must be given notice and a chance to be
heard before action can be taken
defenses to negligence (different in NC) correct answers NC-contributory (any evidence against
plaintiff means the defendant wins)
most other states-comparative
-assumption of risk (know risks and did unproperly)
-consent (consent to typical injuries like in soccer)
-act of God (boyscouts ex)
-government/sovereign immunity (government cannot be sued)
standing to sue correct answers an individual must have a sufficient stake in the controversy
before bringing a lawsuit, plaintiff must demonstrate they have been injured/damaged or
threatened with such.
supremacy clause/preemption correct answers state and local laws that directly conflict with
federal laws must uphold the federal law/certain federal laws take precedence over state or local
laws
small claims courts (NC specifics) correct answers magistrate courts, resolution of minor
disputes, rules of civil procedures more relaxed
(NC-10,000 dollars or less, appeal to district court)
