MGMT 271 (DOUCET) EXAM 2025
QUESTIONS AND ANSWERS
Doctrine of Legislative Supremacy - ANS statutory law prevails if conflict arises with common
law
What is the supreme law of the land? - ANS The Constitution
Who has authority to declare act of congress unconstitutional? - ANS Federal Courts
Warrantless Searches - ANS certain administrative searches for highly regulated activities
Exclusionary Rule - ANS illegally obtained evidence cannot be used
Regulatory Taking - ANS government denies owner of economic use of land
Congress can legislate when ___ authorized by the constitution. - ANS Explicitly
Police Powers - ANS When states make laws within a state
Commerce Clause - ANS congress has constitutional authority to regulate commerce with
foreign nations and among states
Why does congress regulate interstate commerce? - ANS To preserve free trade among
states
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,Federal Preemption - ANS state law invalid if conflicts with federal law
When can states regulate interstate commerce? - ANS If not federally preempted
does not unduly burden interstate commerce
Plain Meaning Rule - ANS no interpretation needed if language is clear, prevents court from
taking sides
Absurdity Doctrine - ANS States go against pain meaning rule to avoid absurd legal
conclusions
Precedent - ANS follow previous authoritative decisions
Why follow precedent? - ANS For consistency and predictability
Doctrine of Stare Decisis - ANS Follow precedent, stand by what has been decided
Administrative Procedures Act (APA) 3 steps - ANS Notice to public of proposed agency
regulation
Opportunity to be heard
Publication of final regulations
You can challenge administrative decisions if what 3 requirements are met? - ANS Action is
reviewable,
Standing to sue: plaintiff must suffer injury, with causal connection
Exhaustion of administrative remedies: attempt to settle before taking to court
What are the 3 Alternative Dispute Resolutions? (ADR) - ANS Negotiation,
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, Mediation,
Arbitration
Negotiation - ANS Settled between parties/attorneys
Mediation - ANS Voluntary trained neutral helps reach settlement, does not decide, high
success rate
Arbitration - ANS Trained neutral hears and decides dispute, binding/non-binding,
cheaper/faster than litigation
Jurisdiction - ANS Power of court to hear/decide case
Subject Matter Jurisdiction - ANS Court authority to hear cases of specific type
Personal Jurisdiction - ANS Court authority over defendant
Minimum Contacts - ANS Procedure to determine court jurisdiction over a person from
another state
Complaint - ANS Written document filed to begin lawsuit
Notice of parties, jurisdiction, relevant facts, claims, damages/relief requested
Summons - ANS Written document filed with complaint, notified defendant lawsuit began,
how to respond, consequences of no response
Service of Process - ANS Defendant must be served with summons/complaint
What are the methods of service? - ANS Personal Service
3 Copyright ©2025 BRAINBARTER ALL RIGHTS RESERVED
QUESTIONS AND ANSWERS
Doctrine of Legislative Supremacy - ANS statutory law prevails if conflict arises with common
law
What is the supreme law of the land? - ANS The Constitution
Who has authority to declare act of congress unconstitutional? - ANS Federal Courts
Warrantless Searches - ANS certain administrative searches for highly regulated activities
Exclusionary Rule - ANS illegally obtained evidence cannot be used
Regulatory Taking - ANS government denies owner of economic use of land
Congress can legislate when ___ authorized by the constitution. - ANS Explicitly
Police Powers - ANS When states make laws within a state
Commerce Clause - ANS congress has constitutional authority to regulate commerce with
foreign nations and among states
Why does congress regulate interstate commerce? - ANS To preserve free trade among
states
1 Copyright ©2025 BRAINBARTER ALL RIGHTS RESERVED
,Federal Preemption - ANS state law invalid if conflicts with federal law
When can states regulate interstate commerce? - ANS If not federally preempted
does not unduly burden interstate commerce
Plain Meaning Rule - ANS no interpretation needed if language is clear, prevents court from
taking sides
Absurdity Doctrine - ANS States go against pain meaning rule to avoid absurd legal
conclusions
Precedent - ANS follow previous authoritative decisions
Why follow precedent? - ANS For consistency and predictability
Doctrine of Stare Decisis - ANS Follow precedent, stand by what has been decided
Administrative Procedures Act (APA) 3 steps - ANS Notice to public of proposed agency
regulation
Opportunity to be heard
Publication of final regulations
You can challenge administrative decisions if what 3 requirements are met? - ANS Action is
reviewable,
Standing to sue: plaintiff must suffer injury, with causal connection
Exhaustion of administrative remedies: attempt to settle before taking to court
What are the 3 Alternative Dispute Resolutions? (ADR) - ANS Negotiation,
2 Copyright ©2025 BRAINBARTER ALL RIGHTS RESERVED
, Mediation,
Arbitration
Negotiation - ANS Settled between parties/attorneys
Mediation - ANS Voluntary trained neutral helps reach settlement, does not decide, high
success rate
Arbitration - ANS Trained neutral hears and decides dispute, binding/non-binding,
cheaper/faster than litigation
Jurisdiction - ANS Power of court to hear/decide case
Subject Matter Jurisdiction - ANS Court authority to hear cases of specific type
Personal Jurisdiction - ANS Court authority over defendant
Minimum Contacts - ANS Procedure to determine court jurisdiction over a person from
another state
Complaint - ANS Written document filed to begin lawsuit
Notice of parties, jurisdiction, relevant facts, claims, damages/relief requested
Summons - ANS Written document filed with complaint, notified defendant lawsuit began,
how to respond, consequences of no response
Service of Process - ANS Defendant must be served with summons/complaint
What are the methods of service? - ANS Personal Service
3 Copyright ©2025 BRAINBARTER ALL RIGHTS RESERVED
