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MIE 305 EXAM 2 NCSU QUESTIONS WITH 100% CORRECT ANSWERS

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MIE 305 EXAM 2 NCSU QUESTIONS WITH 100% CORRECT ANSWERS

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Administrative Procedure Act


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Intended by Congress to provide a reasonably uniform set of rules for
federal administrative agencies, by which they must conduct their business




Eminent Domain


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The right and power of governments to take title to real property from the
current owner(s) upon demand and payment of the fair market value for
the land

,Federalism


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A system in which power is divided between the national and state
governments




Types of Intentional Torts


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1) Assault
2) Battery
3) Trespass to land/Chattels
4) Slander
5) Intentional infliction of emotional distress


*Elements of some torts are not necessarily the same elements for their
analog crimes; assault (crime) means "causation of bodily harm", whereas
assault (tort) means the "intentional causing of harmful or offensive
contact" and battery is "the infliction of said contact"




States of Mind: Knowing


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, Commission of the act with understanding that it is practically certain it will
result in a certain outcome

Awareness of cause-effect




Interference with Contractual Relationship


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Ex: the plaintiff has a contractual relationship with someone/a company,
then the defendant somehow ruins it, poaches the person/business, etc




Criminal Law


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A form of public law seeking to protect society from prohibited acts which
threaten the safety of life, property, and/or public order.

Typically based on statute

Punishment is punitive;




Formal Adjudication


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- Very much like regular court proceeding, presided over by an ALJ
- No jury
- ALJ will prepare findings of fact and conclusions of law as they apply to

, the stated facts
- ALJ then imposes a penalty or remedy as provided by law (if appropriate)




Rules for Due Process


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1) Notice
2) Fair hearing
3) Opportunity to present defense




The Castle Doctrine: United States


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- The legal concept that allows you (in some states) to use force when
defending yourself/your property

1) Excessive force is not included in the doctrine
2) Intruder must be acting unlawfully
3) Must be a reasonable apprehension of bodily harm
4) No "baiting"; no entrapment or inducement
5) "Stand your ground" modifications include public spaces

*Booby traps (man-made mechanical death traps) NOT allowed




Checks and Balances


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