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MGMT 311 Hailey (non-honors) - Exam 1 with complete solutions £8.38   Add to cart

Exam (elaborations)

MGMT 311 Hailey (non-honors) - Exam 1 with complete solutions

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  • Module
  • MGMT 311
  • Institution
  • MGMT 311

Law consists of enforceable rules governing relationships among individuals and between individuals and their society Four Sources of Law -Constitutions -Statutes (Acts) -Administrative Rules/Regs -Common Law Constitutions establish organization, powers, and limits of government...

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  • August 22, 2024
  • 20
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers
  • MGMT 311
  • MGMT 311
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MGMT 311 Hailey (non-honors) - Exam 1
with complete solutions




Law consists of - ANSWER-enforceable rules governing relationships among individuals
and between individuals and their society

Four Sources of Law - ANSWER--Constitutions
-Statutes (Acts)
-Administrative Rules/Regs
-Common Law

Constitutions - ANSWER-establish organization, powers, and limits of governments

Statutory Law (Acts) - ANSWER-Law passed by the U.S. Congress or state legislatures
-Federal statutes: apply to everyone nationwide
-State statutes: apply only to people within borders of the state
-Found in federal and state code of laws (divided by subject)
(Ex: Civil Rights Act)
-Cannot violate constitutional law

Administrative Law - ANSWER--can have local, state, or federal agencies

Common Law - ANSWER--created by interpreting the other 3 types
-case law
-judge made law

Doctrine of Stare Decisis - ANSWER-"to stand on decided cases"
-other thing William the Conqueror created
-use of precedent (similar past cases) that judges are obligated to follow if established
by a higher court in their jurisdiction

,Functions of Stare Decisis - ANSWER--Accomplishes court efficiency
-Creates a more just and uniform system
-Makes the law stable and predictable
-Allows us to use lessons from the past

Binding Precedent - ANSWER-Must follow

Persuasive Precedent - ANSWER-Use other similar cases from other jurisdictions to
settle precedences

Departures from Precedent - ANSWER--Ruling is incorrect in the precedent
-Outdated or interpretation has changed
ex. Brown v. Board of Education overruled Plessy v. Ferguson

Cases of First Impression - ANSWER-There is no legal precedent on which to base a
decision, can look at other jurisdictions but are not binding

Factors used when court is faced w/ case of first impression or when conflicting
precedents exist - ANSWER-1. Persuasive precedent
2. Legal principals and policies underlying previous court decisions and current statutes
3. Fairness
4. Social values and customs
5. Public policy
6. Social science data

Most common law classification systems - ANSWER-- Substantive vs. Procedural
- Public vs. Private (who the parties are in the case)
- Civil vs. Criminal

Substantive - ANSWER--define and describe your rights
-refer to subject areas of law

Procedural - ANSWER--how you pursue enforcing your rights under substantive law
ex. Miranda Rights

Public - ANSWER-involve the government

Private - ANSWER-don't involve the government

Civil - ANSWER-involve the rights b/w people or b/w people and their government in
non-criminal matters

, Criminal - ANSWER-involve wrongs committed against the public as a whole

Remedies in Equity - ANSWER-Only available if legal remedies are inadequate, when
case cannot be solved with money

In Personam Jurisdiction - ANSWER--jurisdiction over the person
-individuals reside in the state they live in
-businesses reside in the state where they're created and where they do most of their
business

Long Arm Jurisdiction - ANSWER--non-residents
-must have "minimum contacts" with the state
ex. for individuals: they injure someone within the state, they breach or form a contract
within the state, or they come to the state regularly to do business
ex. for corporations: they do business in the state, they advertise or sell products within
the state, or they place goods in the "stream of commerce" with expectation of purchase
by residents of the state

In Rem Jurisdiction - ANSWER--jurisdiction over the property
-not common or preferred, used if in personam does not work
-defendant is always non-resident
1. used in disputes where the property is the subject matter of the controversy
2. property must be within area in which court sits (court's territorial jurisdiction)
3. allows party to file an action against a non-resident personally in a court that can
exercise jurisdiction over the non-resident's property
4. used when long-arm cannot be established over the non-resident

Courts of General Jurisdiction - ANSWER-hear many types of cases

Courts of Limited Jurisdiction - ANSWER-hear a specific type of case

Courts' subject matter jurisdiction is defined by statute or constitutional provision
creating the court and can be limited by - ANSWER-1. subject of the lawsuit
2. amount of money in controversy
3. if criminal, seriousness of the crime
4. whether it's a trial or an appeal

Original Jurisidiction - ANSWER-how we describe the court's power the very first time a
case is heard

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