CMGT 460 CHICO STATE EXAM
STUDY SET
Where are the powers of congress found? - Answer Article 1, Section 8 of the U.S.
Constitution
What is interstate commerce? - Answer Commerce between states
What is intrastate commerce? - Answer Commerce within a state
(10th amendment) All powers not delegated to the federal government are reserved for
who? - Answer The States and the people
What is Statute? - Answer a law passed by state or congress
Do State laws (always)? supersede local laws - Answer Yes
What is a special district? - Answer local government formed for special purpose
What is enabling legislation? - Answer Delegation of powers by States to local
government
What are the five levels of government? - Answer Federal, State, County, City, Special
District
What are the three levels of local government? - Answer County, City, Special District
What two things do constitution do? - Answer Delegate powers to government, and
protect people from the government
Who is the legislative branch for federal government? - Answer Congress
What are the two components of the federal legislative? - Answer Senate and House of
representatives
What are the two components of the state legislative? - Answer Senate and assembly
What is the legislative branch for a county? - Answer Board of supervisors
What is the legislative branch for a city? - Answer City Council
What is the legislative branch for a special district? - Answer Board of Directors
Laws passed by the legislative branch of a local government are called what? - Answer
Ordinances
What is the CFR? - Answer Code of federal regulations
What is the CCR? - Answer Code of California regulations
, What does the word appeal mean? - Answer Challenge the validity of a decision
What do we call Federal Trial Court called? - Answer A district court
What are the three types of trial courts in California? - Answer Small Claims ($10,000),
Limited Jurisdiction ($25,000), Superior Court ($25,000+)
What does Jurisdiction mean? - Answer Legal power or authority over a person or thing
What are the three categories of legal liability? - Answer Criminal, Disciplinary, and Civil
What are the six tort categories? - Answer Intentional, Recklessness, Negligence, Strict
Liability, Nuisance, and Statutory
What is the CSLB - Answer Contractor State Licensing Board
What does a violation of a regulation result in? - Answer Disciplinary Liability
What are the categories of a civil case? - Answer Contract and Tort
What are the categories of a criminal case? - Answer Severity: Infraction, Misdemeanor,
Felony
Harm Caused: To person, property, or State
What are the four contract theories? - Answer Express contract, implied fact contract,
implied in law contract, and promissory estoppel
What is a rule of substance? - Answer who wins
What are the four phases of California Civil Procedure? - Answer Pleadings, Discovery,
Trial, Post-Trail
What is the plaintiff? - Answer person who files the lawsuit
How does a plaintiff initiate a civil lawsuit? - Answer Submit a complaint
What does a complaint do? - Answer Lists cause/causes of action
What are the two documents that need to be served to a defendent? - Answer Complaint
and summons
What is a cross complaint? - Answer A complaint filed by anyone other than the plaintiff
What is a deposition? - Answer Oral questions, answered orally, under oath.
What is an interrogatory? - Answer Written questions from one party to another party,
written under oath.
What or who are the parties? - Answer plaintiff, defendant, and cross plaintiff
Who decides questions of fact in a civil case? - Answer The Jury
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