MGMT 200 Midterm 1 || 100% correct solutions!!
State of Nature correct answers Hypothetical position of humanity before the creation of state
or government
Laws correct answers Social contracts that restrict people's rights
Common law correct answers Judge made, follows customs and precedent, law derived by
courts
Stare decisis correct answers binds lower or equal courts to higher or equal courts' decisions
Precedent correct answers decisions made by courts of equal or higher authority, mostly
followed in our judicial system
Standing correct answers something needed to have happened that invaded legal rights, there
needs to have been a harm
Case or controversy correct answers real disputes, there needs to be an existing problem
Constitutionalism correct answers idea that the Constitution is the highest law in the land
Natural law correct answers higher eternal law, seen as "basic to human conduct," inherent
Positive law correct answers regulate ordered society, stop signs
Preemption correct answers the idea that one law dominates over another
- In the US, contradicting federal law will preempt state law
Gerrymandering correct answers drawing congressional districts in a way that favors a
political party
Federalism correct answers idea the government is divided between national, governmental,
and local levels
Separation of powers correct answers idea of checks and balances and that power is
distributed among three branches of government
Initiative correct answers measure taken straight to the ballet to be voted on by the people
Testualism/Originalist correct answers mode of interpretation for the Constitution, strict
interpretation, listens to what the Constitution says and meant
- Justice Scalia
Living constitution/Judicial activist correct answers mode of interpretation for the
Constitution, idea that law and norms are everchanging and that the Constitution can be
changed and interpreted differently
- Justice Souter
, Eminent domain correct answers the right of the government to take people's property for
public use as long as they pay just compensation
Expressive Association correct answers idea that if you get together with other people and
share the same outlook/viewpoint and you want to convey that as a group, then you can
exclude others from the group if it dilutes your message
- Boy Scouts v. Dale
Content-based regulations correct answers when restrictions are based on what you're saying
- Subject to strict scrutiny test
- Tell-tale signs; Evidence that the purpose of the law is to suppress a particular idea, the
regulation treats one type of content differently than a similar type of conduct, the law treats
two different speakers who want to say the same thing differently
Content-neutral regulations correct answers restrictions on where and when you can say
something
- Subject to rational basis test
- Reasonable time, place, manner restrictions on protected speech
Commercial Speech correct answers speech on the behalf of businesses with the intent of
earning revenue or profit
Plaintiffs correct answers bring suit
Defendants correct answers defend suit
Damages correct answers what is awarded, what plaintiff is seeking
Civil dispute correct answers what you could bring to court
Criminal dispute correct answers what the state brings to court
Equity dispute correct answers Asking for one of the following, no subject to jury trial
- Injunctions: order to stop what you're doing
- Specific performance: order to do something
Motion correct answers request for court/judges to do something
Discovery correct answers process during a case where parties use a variety of methods to
learn facts about the dispute
Deposition correct answers questioning under oath by other attorney
Interrogatories correct answers written questionnaires sent to other party that must be
answered under oath
Appeal correct answers request for review higher up the chain
Writ of certiori correct answers granted by the SCOTUS, you're in
State of Nature correct answers Hypothetical position of humanity before the creation of state
or government
Laws correct answers Social contracts that restrict people's rights
Common law correct answers Judge made, follows customs and precedent, law derived by
courts
Stare decisis correct answers binds lower or equal courts to higher or equal courts' decisions
Precedent correct answers decisions made by courts of equal or higher authority, mostly
followed in our judicial system
Standing correct answers something needed to have happened that invaded legal rights, there
needs to have been a harm
Case or controversy correct answers real disputes, there needs to be an existing problem
Constitutionalism correct answers idea that the Constitution is the highest law in the land
Natural law correct answers higher eternal law, seen as "basic to human conduct," inherent
Positive law correct answers regulate ordered society, stop signs
Preemption correct answers the idea that one law dominates over another
- In the US, contradicting federal law will preempt state law
Gerrymandering correct answers drawing congressional districts in a way that favors a
political party
Federalism correct answers idea the government is divided between national, governmental,
and local levels
Separation of powers correct answers idea of checks and balances and that power is
distributed among three branches of government
Initiative correct answers measure taken straight to the ballet to be voted on by the people
Testualism/Originalist correct answers mode of interpretation for the Constitution, strict
interpretation, listens to what the Constitution says and meant
- Justice Scalia
Living constitution/Judicial activist correct answers mode of interpretation for the
Constitution, idea that law and norms are everchanging and that the Constitution can be
changed and interpreted differently
- Justice Souter
, Eminent domain correct answers the right of the government to take people's property for
public use as long as they pay just compensation
Expressive Association correct answers idea that if you get together with other people and
share the same outlook/viewpoint and you want to convey that as a group, then you can
exclude others from the group if it dilutes your message
- Boy Scouts v. Dale
Content-based regulations correct answers when restrictions are based on what you're saying
- Subject to strict scrutiny test
- Tell-tale signs; Evidence that the purpose of the law is to suppress a particular idea, the
regulation treats one type of content differently than a similar type of conduct, the law treats
two different speakers who want to say the same thing differently
Content-neutral regulations correct answers restrictions on where and when you can say
something
- Subject to rational basis test
- Reasonable time, place, manner restrictions on protected speech
Commercial Speech correct answers speech on the behalf of businesses with the intent of
earning revenue or profit
Plaintiffs correct answers bring suit
Defendants correct answers defend suit
Damages correct answers what is awarded, what plaintiff is seeking
Civil dispute correct answers what you could bring to court
Criminal dispute correct answers what the state brings to court
Equity dispute correct answers Asking for one of the following, no subject to jury trial
- Injunctions: order to stop what you're doing
- Specific performance: order to do something
Motion correct answers request for court/judges to do something
Discovery correct answers process during a case where parties use a variety of methods to
learn facts about the dispute
Deposition correct answers questioning under oath by other attorney
Interrogatories correct answers written questionnaires sent to other party that must be
answered under oath
Appeal correct answers request for review higher up the chain
Writ of certiori correct answers granted by the SCOTUS, you're in
