MGMT 209 Exam 1 || WITH A+ SOLUTIONS.
What is law? correct answers Law consists of enforceable rules governing relationships
among individuals and between individuals and their society.
Types of Law correct answers U.S. Constitution and the constitutions of the various states
Statutory laws - including laws passed by congress state, legislatures, or local governing
bodies
Regulations - created by administrative agencies, such as the Food and Drug Administration
Case law and common law doctrines
Constitutional Law correct answers Supreme law of the land; a law in violation of the
Constitution, if challenged, will be declared unconstitutional and will not be enforced, no
matter what the source. Creates national government.
State constitutions create state governments. Highest form of the law within borders of that
state, unless it conflicts with the U.S. Constitution or a federal law. 10th Amendment reserves
all powers not granted to federal government to states. Subject to the U.S. Constitution.
Statutory Law correct answers Enacted by legislative bodies at any level of government, such
as states passed by Congress or by state legislatures. Federal statutes apply to everyone; state
statutes apply to only borders of the state. Cannot violate constitutional law (state or federal)
Municipal/county government - enact ordinances, which govern matters not covered by state
or federal law. Ordinances cannot violate U.S. or state constitutions.
Uniform Laws correct answers During the 1800s, the differences among state laws frequently
created difficulties for businesspersons conducting trade and commerce among the states.
Each state has the option of adopting or rejecting a uniform law. Only if a state legislature
adopts a uniform law does that law become part of the statutory law of that statute. May
adopt all, none, or part - not entirely "uniform".
Administrative Law correct answers Affect daily lives.
Consists of rules, orders, and decisions of administrative agencies (a federal, state, or local
government agency established to perform a specific function).
Rule making, power to investigate and enforce, power to judge ("adjudicate"); THREE
BRANCHES OF GOVERNMENT
Federal agencies (cabinet departments of the executive branch) - subject to the authority of
the president, who has the power to appoint and remove officers.
Independent regulatory agencies - president's power is less pronounced; officers serve on
fixed terms and cannot be removed without just cause.
Common Law correct answers Common law - a body of general rules that applied throughout
the entire English realm.
Case law - the doctrines and principles announced in cases, governs all areas not covered by
statutory and administrative law.
English ancestry (Pilgrims brought English system). 1066 William the Conquerer created
English Law.
Remedies - king's courts; the legal means to enforce a right or redress a wrong.
Compensations: land, items of value, or money. COURTS OF LAW AND REMEDIES AT
LAW.
, Equity - COURTS OF EQUITY seek to supply a remedy when no adequate remedy at law is
available. REMEDIES IN EQUITY - specific performance, an injunction (an order to a party
to cease engaging in a specific activity or to undo some wrong or injury), and recession (the
cancellation of a contractual obligation)
Stare Decisis correct answers Use of precedent cases to decide the present case. Judges must
enforce cases from higher courts within their jurisdiction (BINDING PRECEDENT). Higher
courts follow precedents, but have power to change it if majority of court chooses to do so.
Creates court efficiency, creates a just and uniform system, makes law stable and predictable,
uses lessons learned from the past
Courts of first impression use persuasive authorities (precedents from other jurisdictions),
legal principles and policies from other cases or statutes that might be relevant, fairness,
social values and customs, public policy, and social science data.
Departures from Precedent correct answers If ruling was incorrect, if ruling has become
outdated.
Example: Brown v. Board of Education overrule Plessy v. Ferguson's "separate but equal"
Legal Reasoning correct answers IRAC
Issue, rule, application, and conclusion
No Right Answer correct answers Good arguments can be made on both sides, laws can be
flexibly interpreted, personal beliefs and moral philosophies play a role.
Substantive Law correct answers Consists of all laws that define, describe, regulate, and
create legal rights and obligations.
Procedural Law correct answers Consists of all laws that outline the methods of enforcing the
rights established by substantive law.
Public Law correct answers Addressing the relationship between persons and their
governments
Private Law correct answers Dealing with the relationships of private entities
Civil Law correct answers Spells out the rights and duties that exist between persons and
between persons and their governments, as well as the relief available when a person's rights
are violated. Primary purpose is to get money.
Private party sues a private party, but the government can also sue a party
Burden of proof: Preponderance of the evidence
Criminal Law correct answers Wrongs committed against the public as a whole.
State vs. defendant
Primary purpose is punishment (jail time, fines, community service)
Burden of proof: Beyond reasonable doubt
Cyber Law correct answers Existing laws that take place online
Remedies Available in Civil Litigation correct answers Remedies at law (legal or money
damages)
