MGMT 311 Exam 1 Questions and
Answers19
Federal Rules of Civil Procedure (FRCP) - ANSWERS-The rules controlling procedural matters in
civil trials brought before the federal district courts.
Pleadings - ANSWERS-Formal statements made by the plaintiff and the defendant in a lawsuit
that detail the facts, allegations, and defenses involved in the litigation; the complaint and
answer are part
Complaint - ANSWERS-The pleading made by a plaintiff alleging wrongdoing on the part of the
defendant; the document that, when filed with a court, initiates a lawsuit.
Summons - ANSWERS-A document informing a defendant that a legal action has been
commenced against him or her and that the defendant must appear in court on a certain date
to answer the plaintiff's complaint. The document is delivered by a sheriff or any other person
so authorized.
Service of process - ANSWERS-The delivery of the complaint and summons to a defendant.
Default judgement - ANSWERS-A judgment entered by a court against a defendant who has
failed to appear in court to answer or defend against the plaintiff's claim
Affirmative defense - ANSWERS-response that doesn't deny but attacks
plaintiff's legal right to bring an action. An example is the running of the statute of limitations
Counterclaim - ANSWERS-
,Richard is a state appeals court judge. In making judicial decisions, Richard issues rulings that
are consistent with precedents established in similar cases within his jurisdiction. Richard is
following the principle of: - ANSWERS-stare decisis
A case comes before a Wisconsin state trial court on the subject of free speech on the internet.
It is a case of first impression, meaning that no case involving the same issue has been decided
by the Wisconsin courts. In deciding such a case, it would not be considered proper for the
judge to consider: - ANSWERS-equitable maxims
Joseph is appointed to serve as an officer for a federal agency. He is appointed by the president
of the United States and confirmed by the U.S. Senate. He is to serve for a six-year fixed term
and cannot be removed without cause (even if there is a change in the president). Joseph is
most likely serving in: - ANSWERS-an independent agency
Sarah prevails in her lawsuit against Carl for injuries she sustained in a car accident. As a result,
Sarah is entitled to a remedy. In the U.S. legal system, Sarah's remedy will most likely be in the
form of: - ANSWERS-damages
Monroe is reviewing an appellate case for class and must correctly identify the parties to the
case. In the case, the original defendant (Franklin) is appealing his conviction by the State of
Idaho. In the appeals case, Franklin is known as the: - ANSWERS-appellant
The Indiana state legislature passes a law increasing the minimum jail time for repeat violent
offenders. This law becomes part of a body of law known as: - ANSWERS-statutory law
All of the cases that have been decided by U.S. judges, as well as by English judges prior to the
American Revolution, constitute a body of law known as: - ANSWERS-common law
, Assume that Congress passes a law establishing a new administrative agency to oversee
cyberterrorism issues. The agency writes rules to enable itself to carry out its duties. The rules
written by the agency will be known as: - ANSWERS-administrative law
The National Conference of Commissioners on Uniform State Laws (NCCUSL) passes a new
uniform act related to texting while driving. This uniform act: - ANSWERS-becomes the law in
every state that adopts the uniform act through legislative action.
The city of Flagstaff passes legislation to make it illegal to carry an open container of alcohol on
any city street at any time. This legislation is called: - ANSWERS-an ordinance
Law - ANSWERS-A body of enforceable rules governing relationships among individuals and
between individuals and their society
Liability - ANSWERS-The state of being legally responsible (liable) for something, such as a debt
or obligation
Constitutional law - ANSWERS-Law that is based on the U.S. Constitution and the constitutions
of the various states
Statutory law - ANSWERS-The body of law enacted by legislative bodies (as opposed to
constitutional law, administrative law, or case law)
Uniform laws - ANSWERS-A model law created for the states to consider adopting. If a state
adopts the law, it becomes statutory law in that state. Each state has the option of adopting or
rejecting all or part.
Ordinances - ANSWERS-A law passed by a local governing unit, such as a city or a county
Answers19
Federal Rules of Civil Procedure (FRCP) - ANSWERS-The rules controlling procedural matters in
civil trials brought before the federal district courts.
Pleadings - ANSWERS-Formal statements made by the plaintiff and the defendant in a lawsuit
that detail the facts, allegations, and defenses involved in the litigation; the complaint and
answer are part
Complaint - ANSWERS-The pleading made by a plaintiff alleging wrongdoing on the part of the
defendant; the document that, when filed with a court, initiates a lawsuit.
Summons - ANSWERS-A document informing a defendant that a legal action has been
commenced against him or her and that the defendant must appear in court on a certain date
to answer the plaintiff's complaint. The document is delivered by a sheriff or any other person
so authorized.
Service of process - ANSWERS-The delivery of the complaint and summons to a defendant.
Default judgement - ANSWERS-A judgment entered by a court against a defendant who has
failed to appear in court to answer or defend against the plaintiff's claim
Affirmative defense - ANSWERS-response that doesn't deny but attacks
plaintiff's legal right to bring an action. An example is the running of the statute of limitations
Counterclaim - ANSWERS-
,Richard is a state appeals court judge. In making judicial decisions, Richard issues rulings that
are consistent with precedents established in similar cases within his jurisdiction. Richard is
following the principle of: - ANSWERS-stare decisis
A case comes before a Wisconsin state trial court on the subject of free speech on the internet.
It is a case of first impression, meaning that no case involving the same issue has been decided
by the Wisconsin courts. In deciding such a case, it would not be considered proper for the
judge to consider: - ANSWERS-equitable maxims
Joseph is appointed to serve as an officer for a federal agency. He is appointed by the president
of the United States and confirmed by the U.S. Senate. He is to serve for a six-year fixed term
and cannot be removed without cause (even if there is a change in the president). Joseph is
most likely serving in: - ANSWERS-an independent agency
Sarah prevails in her lawsuit against Carl for injuries she sustained in a car accident. As a result,
Sarah is entitled to a remedy. In the U.S. legal system, Sarah's remedy will most likely be in the
form of: - ANSWERS-damages
Monroe is reviewing an appellate case for class and must correctly identify the parties to the
case. In the case, the original defendant (Franklin) is appealing his conviction by the State of
Idaho. In the appeals case, Franklin is known as the: - ANSWERS-appellant
The Indiana state legislature passes a law increasing the minimum jail time for repeat violent
offenders. This law becomes part of a body of law known as: - ANSWERS-statutory law
All of the cases that have been decided by U.S. judges, as well as by English judges prior to the
American Revolution, constitute a body of law known as: - ANSWERS-common law
, Assume that Congress passes a law establishing a new administrative agency to oversee
cyberterrorism issues. The agency writes rules to enable itself to carry out its duties. The rules
written by the agency will be known as: - ANSWERS-administrative law
The National Conference of Commissioners on Uniform State Laws (NCCUSL) passes a new
uniform act related to texting while driving. This uniform act: - ANSWERS-becomes the law in
every state that adopts the uniform act through legislative action.
The city of Flagstaff passes legislation to make it illegal to carry an open container of alcohol on
any city street at any time. This legislation is called: - ANSWERS-an ordinance
Law - ANSWERS-A body of enforceable rules governing relationships among individuals and
between individuals and their society
Liability - ANSWERS-The state of being legally responsible (liable) for something, such as a debt
or obligation
Constitutional law - ANSWERS-Law that is based on the U.S. Constitution and the constitutions
of the various states
Statutory law - ANSWERS-The body of law enacted by legislative bodies (as opposed to
constitutional law, administrative law, or case law)
Uniform laws - ANSWERS-A model law created for the states to consider adopting. If a state
adopts the law, it becomes statutory law in that state. Each state has the option of adopting or
rejecting all or part.
Ordinances - ANSWERS-A law passed by a local governing unit, such as a city or a county
