GMGT 3300 Midterm Exam Questions with All Correct Answers
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Module
GMGT 3300
Institution
GMGT 3300
GMGT 3300 Midterm Exam Questions with All Correct Answers
What is the definition of law? - Answer-it sets basic standards of behavior that are enforced by government & also by individuals and groups with the help of government (binds all, including government)
What is substantive law? - Answer...
GMGT 3300 Midterm Exam
Questions with All Correct
Answers
What is the definition of law? - Answer-it sets basic standards of behavior that are
enforced by government & also by individuals and groups with the help of government
(binds all, including government)
What is substantive law? - Answer-the rights and duties an individual has in a society.
(These are the rights and obligations of those in society. They determine how people
behave)
What is public law? - Answer-government is directly involved; regulates relationships
between individuals and government.
(Includes constitutional law, administrative law, criminal law, and tax law.
Are private and civil law the same thing? - Answer-Yes
What is private/civil law? - Answer-The law dealing with rights and duties between
different parties (includes contract, property, and tort law)
What are the two main systems of law? - Answer-Civil law system of law and common
law system of law
What is stare decisis? - Answer-Theory of precedents (to stand by previous decsions)
What is the hierarchy of courts? - Answer-1. Trial courts - one judge, may or may not be
jury
2. Courts of appeal - always have an odd number of judges (3-5), no witnesses, no new
evidence, judges get a transcript.
3. Final court of appeal - SCC - up to 9 judges
What are two things trial judges do? - Answer-1. Findings of fact - judge makes the
decision based on what the facts are (what happened)
2. Findings of law - what law it applies to
, What is stare decisis and the theory of precedents? - Answer-Stare decisis - to stand by
previous decsions.
1. Judges are bound by decisions of higher courts.
2. Only binding in the same circumstance.
3. only holds in same court jurisdiction (prov vs fed).
4. Non-binding decisions can still be persuasive.
5. Obiter dicta is not binding only the ration is, although obiter can be persuasive.
What is ratio decidendi? - Answer-Ratio decidendi is the binding decision that a judge
makes. It is the statement that is the specific reason why the decision was made.
What is obiter dicta? - Answer-Obiter dicta is everything said that is not the ratio. Obiter
is not binding but can be convincing.
What are the reasons for stare decisis? - Answer-To stand by previous decsions
(consistency), must understand hierarchy of courts (Trial, Appeal, final court of appeal)
Who creates law? - Answer-1. Courts - make case law.
2. Legislatures (make statute laws - parliament ( who we elect)
3. Administrative legislation and entities.
How does municipal law work and where does their power come from? - Answer-
Municipalites get their power from statutes. They can make by-laws.
What is a standard of proof? - Answer-How convincing the evidence has to be for the
court to rule in favour of the party that brought it to court.
What is the difference between civil and criminal law (specifically standard of proof and
rulings)? - Answer-Criminal law must be proven without a reasonable doubt. Civil law is
based on probabilities. Therefore most civil law ends in settlements if a party knows
they will lose.
What is res judicata? - Answer-res judicata in plain terms means the matter can no
longer be appealed and it is the end of the case.
What are the three ways for res judicata to take place? - Answer-1. If someone sues
and loses and does not appeal within a certain amount of time
2. When a party loses and appeals, once it gets to the final court and they lose the
matter is done.
3. For a criminal matter they must ask for leave to appeal (permission to appeal) if this
is denied the matter is res judicata.
What is an arbitrator? - Answer-
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