UW MGMT 200 || QUESTIONS AND ANSWERS
SOLVED 100% CORRECT.
State of Nature correct answers hypothetical position of humanity before the creation of state
or government; belief in natural right, idea that everyone is for themselves
Laws correct answers Social contracts that restrict people's rights
common law correct answers made by judge, follows customs and precedent, law derived
from courts
stare decisis correct answers binds lower or equal courts to higher or equal court's decisions;
let the decision stand
standing to sue correct answers something needed to have happened that invaded legal rights,
there needs to have been harm from an action
case or controversy correct answers real disputes, there needs to be an existing problem
constitutionalism correct answers idea that the constitution is the highest law in the land
natural law correct answers higher eternal law, seen as "basic to human conduct," inherent
positive law correct answers laws that regulate ordered society, things like stop signs
preemption correct answers the idea that one law dominates over another law, i.e.
contradicting federal law will override state law
gerrymandering correct answers practice of drawing congressional districts in a way that
favors a political party
federalism correct answers idea that the government is divided between national,
governmental, and local levels
separation of powers correct answers idea of checks and balances and that power is
distributed among three branches of government
Textualism/originalism correct answers mode of interpretation for the constitution, strict
interpretation, concerned with what the constitution says and meant, ex: Justice Scalia
Living constitution/judicial activist correct answers mode of interpretation for the
constitution, idea that law and norms are everchanging and that the constitution can be
changed and interpreted differently, ex: Justice Souter
Eminent Domain correct answers the right of the government to take people's property for
public use as long as they pay just compensation
, regulatory takings correct answers when a rule is put into place that diminishes the value of
your property to such an extent that is considered a taking and you must be compensated by
the government
Plaintiffs correct answers the party that brings a suit/initiates a case
defendants correct answers people being sued
damages correct answers what is awarded, what a plaintiff is seeking
civil dispute correct answers an issue an individual could bring to court
criminal dispute correct answers an issue the state brings to court
equity dispute correct answers disputes dealing with injunctions and specific performance, do
not have a right to a jury trial
injuctions correct answers order to stop what you are doing
specific performance correct answers An order of a court which requires a party to perform a
specific act, usually what is stated in a contract.
motion correct answers request for a court/judges to do something
discovery correct answers process during a case where parties use a variety of methods to
learn facts about the dispute
deposition correct answers questioning under oath by other attorney
interrogatories correct answers written questionnaires sent to other party that must be
answered under oath
appeal correct answers request for review higher up the chain, court-wise
writ of certiorari correct answers an order by the supreme court directing a lower court to
send up the record in a given case for its review
trial de novo correct answers completely new trial, new finding of facts
motion for summary judgment correct answers motion for judge to weigh credibility of
evidence and decide that the case should be prematurely decided in motioning party's favor
remand correct answers when the appellate court sends a case back down to lower courts with
instructions/issues to reconsider
limited jurisdiction correct answers idea that courts can only hear certain disputes
exclusive jurisdiction correct answers idea that only one type of court can hear a case
concurrent jurisdiction correct answers when different types of courts can have jurisdiction
SOLVED 100% CORRECT.
State of Nature correct answers hypothetical position of humanity before the creation of state
or government; belief in natural right, idea that everyone is for themselves
Laws correct answers Social contracts that restrict people's rights
common law correct answers made by judge, follows customs and precedent, law derived
from courts
stare decisis correct answers binds lower or equal courts to higher or equal court's decisions;
let the decision stand
standing to sue correct answers something needed to have happened that invaded legal rights,
there needs to have been harm from an action
case or controversy correct answers real disputes, there needs to be an existing problem
constitutionalism correct answers idea that the constitution is the highest law in the land
natural law correct answers higher eternal law, seen as "basic to human conduct," inherent
positive law correct answers laws that regulate ordered society, things like stop signs
preemption correct answers the idea that one law dominates over another law, i.e.
contradicting federal law will override state law
gerrymandering correct answers practice of drawing congressional districts in a way that
favors a political party
federalism correct answers idea that the government is divided between national,
governmental, and local levels
separation of powers correct answers idea of checks and balances and that power is
distributed among three branches of government
Textualism/originalism correct answers mode of interpretation for the constitution, strict
interpretation, concerned with what the constitution says and meant, ex: Justice Scalia
Living constitution/judicial activist correct answers mode of interpretation for the
constitution, idea that law and norms are everchanging and that the constitution can be
changed and interpreted differently, ex: Justice Souter
Eminent Domain correct answers the right of the government to take people's property for
public use as long as they pay just compensation
, regulatory takings correct answers when a rule is put into place that diminishes the value of
your property to such an extent that is considered a taking and you must be compensated by
the government
Plaintiffs correct answers the party that brings a suit/initiates a case
defendants correct answers people being sued
damages correct answers what is awarded, what a plaintiff is seeking
civil dispute correct answers an issue an individual could bring to court
criminal dispute correct answers an issue the state brings to court
equity dispute correct answers disputes dealing with injunctions and specific performance, do
not have a right to a jury trial
injuctions correct answers order to stop what you are doing
specific performance correct answers An order of a court which requires a party to perform a
specific act, usually what is stated in a contract.
motion correct answers request for a court/judges to do something
discovery correct answers process during a case where parties use a variety of methods to
learn facts about the dispute
deposition correct answers questioning under oath by other attorney
interrogatories correct answers written questionnaires sent to other party that must be
answered under oath
appeal correct answers request for review higher up the chain, court-wise
writ of certiorari correct answers an order by the supreme court directing a lower court to
send up the record in a given case for its review
trial de novo correct answers completely new trial, new finding of facts
motion for summary judgment correct answers motion for judge to weigh credibility of
evidence and decide that the case should be prematurely decided in motioning party's favor
remand correct answers when the appellate court sends a case back down to lower courts with
instructions/issues to reconsider
limited jurisdiction correct answers idea that courts can only hear certain disputes
exclusive jurisdiction correct answers idea that only one type of court can hear a case
concurrent jurisdiction correct answers when different types of courts can have jurisdiction
