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Exam (elaborations)

MGMT 271 MIDTERM DOUCET questions with answers

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MGMT 271 MIDTERM DOUCET questions with answers

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MGMT 271 MIDTERM DOUCET
questions with answers

Doctrine of legislative supremacy - ....🔰VERIFIED ANSWERS.... ✔✔if there
is a conflict between statutory law and common law, the statutory law prevails


Constitution - ....🔰VERIFIED ANSWERS.... ✔✔Is the supreme law of the
land, any law
repugnant to the Constitution is void


Commerce Clause - ....🔰VERIFIED ANSWERS.... ✔✔The clause in the
Constitution (Article I, Section 8, Clause 1) that gives Congress the power to
regulate all business activities that cross state lines or affect more than one
state or other nations.


Federal Preemption - ....🔰VERIFIED ANSWERS.... ✔✔When the federal
government regulates an entire area of law it excludes, "preempts", state
regulation


Police powers - ....🔰VERIFIED ANSWERS.... ✔✔state power to effect laws
promoting health, safety, and morals


First Amendment - ....🔰VERIFIED ANSWERS.... ✔✔5 freedoms: speech,
press, religion, assembly, petition

,Fourth Amendment - ....🔰VERIFIED ANSWERS.... ✔✔Protects against
unreasonable search and seizure


Warrentless Searches - ....🔰VERIFIED ANSWERS.... ✔✔certain
administrative searches for highly regulated
activities


Exclusionary rule - ....🔰VERIFIED ANSWERS.... ✔✔a law that prohibits the
use of illegally obtained evidence in a criminal trial.


Fifth Amendment - ....🔰VERIFIED ANSWERS.... ✔✔A constitutional
amendment designed to protect the rights of persons accused of crimes,
including protection against double jeopardy, self-incrimination, and
punishment without due process of law.


14th Amendment - ....🔰VERIFIED ANSWERS.... ✔✔Declares that all persons
born in the U.S. are citizens and are guaranteed equal protection of the laws


Precedent - ....🔰VERIFIED ANSWERS.... ✔✔courts applying previous
authoritative court decisions


Doctrine of Stare Decisis - ....🔰VERIFIED ANSWERS.... ✔✔means to stand
by what has been decided. It means to follow precedent


Administrative Procedures Act (APA) - ....🔰VERIFIED ANSWERS....
✔✔governs federal agency rule making to ensure fairness and uniformity in all
agencies.

, In Marbury v. Madison, Marbury filed a writ of mandamus to
have the U.S. Supreme Court order Madison to deliver his justice
of the peace commission. The Court ruled against Marbury
holding that: - ....🔰VERIFIED ANSWERS.... ✔✔the Judiciary Act of 1789
granting the Supreme Court original jurisdiction for writs of mandamus was
contrary to the constitution;


A law passed today that retroactively punishes someone for
conduct that was not illegal at the time is known as: - ....🔰VERIFIED
ANSWERS.... ✔✔ex post facto law


Negotiation - ....🔰VERIFIED ANSWERS.... ✔✔Parties try to resolve the
dispute by discussions directly, or through their attorneys.


Mediation - ....🔰VERIFIED ANSWERS.... ✔✔A trained neutral mediator
facilitates discussion between the parties to help reach a settlement. Mediators
do not decide the dispute.


Arbitration - ....🔰VERIFIED ANSWERS.... ✔✔A trained neutral arbitrator
hears each side and decides the dispute.


Jurisdiction - ....🔰VERIFIED ANSWERS.... ✔✔authority of a court to hear
and decide a case.


Complaint - ....🔰VERIFIED ANSWERS.... ✔✔Written document filed with
the court that begins

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