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Mgmt 271 (Doucet) Exam 2025 Questions And Answers

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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 @COPYRIGHT BRAINBARTER 2025/2026 Page2 Why does congress regulate interstate commerce? - ANS To preserve free trade among states 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, @COPYRIGHT BRAINBARTER 2025/2026 Page3 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, 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, jurisdi

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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
1




Commerce Clause - ANS congress has constitutional authority to regulate commerce with
Page




foreign nations and among states


@COPYRIGHT BRAINBARTER 2025/2026

, Why does congress regulate interstate commerce? - ANS To preserve free trade among
states



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
2




reviewable,
Page




@COPYRIGHT BRAINBARTER 2025/2026

, 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,
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
3
Page




@COPYRIGHT BRAINBARTER 2025/2026

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