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MIE 305 EXAM 1-9 QUESTIONS WITH 100% CORRECT ANSWERS..

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MIE 305 EXAM 1-9 QUESTIONS WITH 100% CORRECT ANSWERS

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diversity of citizenship


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a basis for federal court jurisdiction over a lawsuit between citizens of
different states and countries
1. plaintiff and defendant must be residents of different states
2. $ amount in controversy must exceed $75,000




in rem


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jurisdiction court has over property in its geographical territory (should be
filed where the property is)

,state general police power


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(health, safety, welfare, morals) & therefore have "default" jurisdiction over
matters unless a federal question is involved




restriction on commercial speech is valid as long as...


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1. seeks to implement a substantial gov interest
2. directly advances that interest
3. goes no further than necessary to accomplish its objective




venue


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geographic district in which a legal action is tried & from which the jury is
selected
-in civil case: where defendant resides
-in criminal case: where crime occurred




McCulloch vs Maryland


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, case in which the court said that congress, largely gets to determine what
is "necessary and proper"




brief


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a written summary or statement prepared by one side in a lawsuit to
explain its case to the judge




business ethics


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what constitutes right or wrong behavior and the application of moral
principles in business context




principle of rights


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the belief that human beings have certain fundamental rights; whether an
action or decision is ethical depends on how it affects the rights of various
groups, such as owners, employees, consumers, suppliers, community &
society
John Locke

, Concurrent jurisdiction


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jurisdiction that exists when two different courts have the power to hear a
case




question of law


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in a lawsuit, an issue involving the application or interpretation of a law




motion for judgement N.O.V


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a motion requesting the court to grant judgement in favor of the party
making the motion on the ground that the jury's verdict against him or her
was unreasonable and erroneous




award


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