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...
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-Outdated or interpretation has changed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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