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MGMT 271 (Doucet) Questions and Answers (100% Correct Answers) Already Graded A+

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MGMT 271 (Doucet) Questions and Answers (100% Correct Answers) Already Graded A+

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MGMT 271 (Doucet) Questions and
Answers (100% Correct Answers) Already
Graded A+


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
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Who has authority to declare act of congress unconstitutional?—
Ans: Federal Courts
Warrantless Searches— Ans: certain administrative searches for
highly regulated activities
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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
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

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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
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Opportunity to be heard
Publication of final regulations
You can challenge administrative decisions if what 3 requirements
are met?— Ans: Action is reviewable,
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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

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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
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Substitute Service
Certified Mail
Publication
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Personal Service— Ans: Hand delivered
Substitute Service— Ans: Other person in household
Answer— Ans: Defendant's written answer filed in response to
complaint
Venue— Ans: Locate case should be heard
When is a change in venue possible?— Ans: If fair trial is
impossible in current venue
Interrogatories (Discovery Tool)— Ans: Written questions from one
party to another
Depositions (Discovery Tool)— Ans: Oral exam by one party of
other, under oath before court reporter
Request for Production of Documents (Discovery Tool)— Ans:
Request for documents help by other party
Request to Submit to Mental/Physical Exam (Discovery Tool)—
Ans: court ordered exam if mental/physical issue arise
Request for Admission (Discovery Tool)— Ans: a side asks other to
admit/deny list of facts

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