BMGT 380 Exam 1 Questions And Answers
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Chapter 1
classifications of law (in order from most powerful to least) ANS✔✔
constitutions, statutes, common law, equity, administrative regulations &
decisions (treaties, ordinances, & executive orders)
constitutions ANS✔✔ set up the structure of government for the political
unit they control (state or federal level)
statutes ANS✔✔ laws created by elected representatives in congress or a
state legislature
common law ANS✔✔ law made and applied by judges as they decide cases
not governed by statutes or other types of law (judges follow the decisions
of other judges in similar cases, precedent)
- usually only exists at the state level
equity ANS✔✔ accomplishes justice when common law would produce unfair
results
provides these remedies:
1) injunction: forbids an act or commands an act to be done
2) specific performance: party must perform to the terms of their contract
3) reformation: court rewords the contract to reflect true intent
, Solution 2024/2025
Pepper
4) recission: cancellation of a contract
administrative regulations & decisions ANS✔✔ the ability to make law
through a grant of power from the legislature
treaties ANS✔✔ made by the president with foreign governments and
approved by 2/3 of senate: becomes law and invalidates inconsistent state
laws
ordinances ANS✔✔ the enactments of counties and municipalities (sort of
like statutes)
ex: school districts
executive orders ANS✔✔ president or state governors sometimes have
limited power to issue executive laws
priority rules ANS✔✔ 1) constitution and its federal laws are supreme
(defeats state laws)
2) when a treaty conflicts with a federal statute over a domestic matter, the
most recent law prevails
3) statutes defeat conflicting laws that depend on legislative delegation
4) statutes and laws derived from them defeat inconsistent common law
criminal vs civil law ANS✔✔ criminal law is the law under which the
government prosecutes someone for committing a crime (creates duties
owed to the people)
civil law mainly concerns obligations that private parties owe to one another
, Solution 2024/2025
Pepper
substantive vs procedural law ANS✔✔ substantive law sets the rights and
duties of people as they act in society (ex: a statute making murder a
crime)
procedural law controls the behavior of government bodies (mainly courts)
as they establish and enforce rules of substantive law (ex: rules about
conducting a trial)
public vs private law ANS✔✔ public law concerns the powers of government
and the relations between the government and private parties (ex:
constitutional law)
private law establishes legal rules that enable parties to set the rights &
duties they owe to each other (ex: contracts)
legal positivism ANS✔✔ law is the command of a recognized political
authority: their commands are valid regardless of morality
natural law ANS✔✔ some higher set of universal rules binds all human
beings: determines what is ultimately good or bad
American legal realism ANS✔✔ the behavior of public officials (mostly
judges) as they deal with matters before the legal system
sociological jurisprudence ANS✔✔ unites several different approaches of
law, but essentially states that law is a process of social ordering that
reflect's a society's dominant interests & values
the functions of law ANS✔✔ peacekeeping, checking govt power &
promoting personal freedom, facilitating planning & the realization of
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