MGMT 311 Exam 1 TAMU Questions
and Answers34
What 3 decisions can an appellate court make? - ANSWERS-affirm, reverse, & modify
affirm - ANSWERS-To declare that a court ruling is valid and must stand (most common)
reverse remand & render - ANSWERS-remand: send back to trial court for another trial
render: send back to trial court with the ruling in favor of appellate
modify - ANSWERS-the court may change the remedies granted to appellee
appeal to higher court - ANSWERS-No Automatic right of appeal to state or US supreme court
Losing party may only appeal to US Supreme Court from state supreme court if a federal
question was involved; otherwise, state supreme court decision is final
enforcing the judgement - ANSWERS-- court assistance in collection & writ of execution
- availability of assets
Court Assistance in Collection - ANSWERS-Force to liquidate and pay & may enforce Writ of
Execution (selling defendants nonexempt assets until remedy can be paid to plaintiff)
Availability of Assets - ANSWERS-usually a plaintiff looks to see if the defendant has sufficient
assets before the suit is filed & during discovery the attorney looks to locate assets of the
defendant that might be available to settle judgement
,Where are federal and state statutory laws found? - ANSWERS-U.S and state codes
when does federal question not apply? - ANSWERS-- personal injury cases
- breach of contract
What are the 4 sources of law? - ANSWERS-Constitutions, Statues, Administrative law, &
Common Law
What is a law? - ANSWERS-Enforceable rules governing relationships between individuals and
their society
What does constitutional law do? - ANSWERS-Establishes organization, powers, and limits of the
government
What are the two types of constitutional law? - ANSWERS-U.S & State
U.S. Constitution - ANSWERS-Supreme law of the land, creates national government, & 10th
amendment reserves all powers not granted to the federal government to the states
State Constitutions - ANSWERS-Create state governments, highest form of law within borders of
a state, subject to U.S Consitiution, creates differences among the states
Which law always stands? - ANSWERS-Federal law
Statutory law - ANSWERS-created by congress and state legislature, found in federal and state
code of laws, can't violate constitutional law, municipal/ county government, & uniform laws
Federal statutes cover what issues? - ANSWERS-federal issues & civil rights act
,State statutes cover what issues? - ANSWERS-state issues
What is the purpose of municipal/ county governments? - ANSWERS-To enact ordinances, which
governs matters not already covered by state or federal law & cannot violate state or U.S
Consitutions
What are uniform laws? - ANSWERS-Laws that are the same across all 50 states. State
legislatures may adopt or reject uniform laws. If accepted, the law becomes apart of the state
statutory law.
What is the most accepted uniform law? - ANSWERS-UCC (uniform commercial code): making
businesses & commerce the same across all states
Administrative law - ANSWERS-Can have local, state, or federal agencies
Agency functions of administrative law - ANSWERS-Legislative: rule making, Executive:
investigation & enforcement, and Judicial: to judge (adjudication)
Federal agencies - ANSWERS-executive agencies and independent regulatory agencies
What are some examples of independent regulatory agencies? - ANSWERS-FDA, SEC & EPA
Common law - ANSWERS-case law & judge-made law
The common law tradition - ANSWERS-English ancestry
Courts/remedies at law: kings court & resolved with something of value
, Courts/remedies at equity: chancellor & resolved with specific performance, injunction, or
recession if it couldn't be settled with something of value
What are the 3 types of legal remedies (remedies at law) - ANSWERS-compensatory
damages/general damages, punitive/exemplary damages, & nominal damages
list the 3 types of special damages - ANSWERS-loss of time, loss of money & property damage
list the 5 types of general damages - ANSWERS-pain/ suffering, injury to reputation, mental
anguish, disfigurement, & loss of earning capacity
loss of earning capacity is an example of what - ANSWERS-compounding effect
What is the purpose of punitive/exemplary damages? - ANSWERS-To punish the wrongdoer & is
added on to compensatory damages
What are nominal damages? - ANSWERS-Symbolic damages used to prove a point usually with
little amounts of money involved ($5)
When are equitable remedies available? - ANSWERS-if the legal remedy is inadequate or to
prevent unjust enrichment
What are the 3 types of equitable remedies? - ANSWERS-specific performance, injunction,
rescission
What is specific performance? - ANSWERS-An equitable remedy in which the court (rather than
awarding money damages for the breach of contract) orders the parties to perform the contract
exactly according to its terms
and Answers34
What 3 decisions can an appellate court make? - ANSWERS-affirm, reverse, & modify
affirm - ANSWERS-To declare that a court ruling is valid and must stand (most common)
reverse remand & render - ANSWERS-remand: send back to trial court for another trial
render: send back to trial court with the ruling in favor of appellate
modify - ANSWERS-the court may change the remedies granted to appellee
appeal to higher court - ANSWERS-No Automatic right of appeal to state or US supreme court
Losing party may only appeal to US Supreme Court from state supreme court if a federal
question was involved; otherwise, state supreme court decision is final
enforcing the judgement - ANSWERS-- court assistance in collection & writ of execution
- availability of assets
Court Assistance in Collection - ANSWERS-Force to liquidate and pay & may enforce Writ of
Execution (selling defendants nonexempt assets until remedy can be paid to plaintiff)
Availability of Assets - ANSWERS-usually a plaintiff looks to see if the defendant has sufficient
assets before the suit is filed & during discovery the attorney looks to locate assets of the
defendant that might be available to settle judgement
,Where are federal and state statutory laws found? - ANSWERS-U.S and state codes
when does federal question not apply? - ANSWERS-- personal injury cases
- breach of contract
What are the 4 sources of law? - ANSWERS-Constitutions, Statues, Administrative law, &
Common Law
What is a law? - ANSWERS-Enforceable rules governing relationships between individuals and
their society
What does constitutional law do? - ANSWERS-Establishes organization, powers, and limits of the
government
What are the two types of constitutional law? - ANSWERS-U.S & State
U.S. Constitution - ANSWERS-Supreme law of the land, creates national government, & 10th
amendment reserves all powers not granted to the federal government to the states
State Constitutions - ANSWERS-Create state governments, highest form of law within borders of
a state, subject to U.S Consitiution, creates differences among the states
Which law always stands? - ANSWERS-Federal law
Statutory law - ANSWERS-created by congress and state legislature, found in federal and state
code of laws, can't violate constitutional law, municipal/ county government, & uniform laws
Federal statutes cover what issues? - ANSWERS-federal issues & civil rights act
,State statutes cover what issues? - ANSWERS-state issues
What is the purpose of municipal/ county governments? - ANSWERS-To enact ordinances, which
governs matters not already covered by state or federal law & cannot violate state or U.S
Consitutions
What are uniform laws? - ANSWERS-Laws that are the same across all 50 states. State
legislatures may adopt or reject uniform laws. If accepted, the law becomes apart of the state
statutory law.
What is the most accepted uniform law? - ANSWERS-UCC (uniform commercial code): making
businesses & commerce the same across all states
Administrative law - ANSWERS-Can have local, state, or federal agencies
Agency functions of administrative law - ANSWERS-Legislative: rule making, Executive:
investigation & enforcement, and Judicial: to judge (adjudication)
Federal agencies - ANSWERS-executive agencies and independent regulatory agencies
What are some examples of independent regulatory agencies? - ANSWERS-FDA, SEC & EPA
Common law - ANSWERS-case law & judge-made law
The common law tradition - ANSWERS-English ancestry
Courts/remedies at law: kings court & resolved with something of value
, Courts/remedies at equity: chancellor & resolved with specific performance, injunction, or
recession if it couldn't be settled with something of value
What are the 3 types of legal remedies (remedies at law) - ANSWERS-compensatory
damages/general damages, punitive/exemplary damages, & nominal damages
list the 3 types of special damages - ANSWERS-loss of time, loss of money & property damage
list the 5 types of general damages - ANSWERS-pain/ suffering, injury to reputation, mental
anguish, disfigurement, & loss of earning capacity
loss of earning capacity is an example of what - ANSWERS-compounding effect
What is the purpose of punitive/exemplary damages? - ANSWERS-To punish the wrongdoer & is
added on to compensatory damages
What are nominal damages? - ANSWERS-Symbolic damages used to prove a point usually with
little amounts of money involved ($5)
When are equitable remedies available? - ANSWERS-if the legal remedy is inadequate or to
prevent unjust enrichment
What are the 3 types of equitable remedies? - ANSWERS-specific performance, injunction,
rescission
What is specific performance? - ANSWERS-An equitable remedy in which the court (rather than
awarding money damages for the breach of contract) orders the parties to perform the contract
exactly according to its terms
