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mgmt 311 Test Questions with Correct Answers

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mgmt 311 Test Questions with Correct Answers
procedural law

Law that establishes the methods of enforcing the rights established by substantive law.

what are the four components of the IRAC method used in legal analysis?

issue, rule, application, conclusion

explain the significance of the order in which parties are listed in trial court case titles.

Why is the plaintiff/petitioner listed before the defendant/respondent?

it indicates the party that initiated the legal action

explain the significance of a dissenting opinion in the context of judicial decision-

making.

it outlines the rationale for disagreement with the majority opinion

in your own words, explain how the law functions to establish societal rules and norms.

the law serves as a framework that dictates acceptable behavior and consequences for

violations

Judge Jasper and his friend, Judge Judy, were debating the philosophical theories of

jurisprudence. Judge Jasper believes that law is just one of many institutions in society

and that it is shaped by social forces and needs. Judge Jasper believes in the theory of

jurisprudence called

legal realism

Joan's lawyer, Albert, feels pretty good about the chances of winning Joan's case. He

has found a case directly on point, which means it has the same issue and very similar

facts. If the court follows the decision in the case Albert found, then Joan will win her

, case. Albert argues Joan's case to the trial court, and the trial court decides for Joan.

The fact that the trial court decided the case in Joan's favor is an example of

state decisis

Elton is a state representative for the North Dakota legislature. Recently, Elton and his

colleagues in the legislature proposed a law that would increase the penalty drivers

would have to pay if they pass a stopped school bus. The type of law that Elton and his

colleagues will enact is known as

statutory law

Zayden was recently arrested for driving while intoxicated. The law in his state defines

the crime of driving while intoxicated as operating a motor vehicle on the public roads

with a blood alcohol content over 0.8%. State law also states that anyone convicted of

this crime has the right to appeal. Zayden recently took a criminal justice course in

college and remembers studying the differences between substantive and procedural

law. In his current situation, he knows that

the law that defines the crime is a substantive law, and the law that provides for the right to

appeal is a procedural law.

Megan Kanka was raped and murdered in 1994, when she was only 7 years old, by one

of her neighbors. As a result of her murder, a federal statute was created that requires

law enforcement authorities to make information available to the public regarding

registered sex offenders. This federal statute was created by

congress

primary sources

sources that establish the law

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