BMGT 380, Exam 1 Questions And Answers Already Graded A+
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Course
BMGT 380
Institution
BMGT 380
Law of Equity - ️️A system of deciding cases in which judges use their wisdom and
experience to determine the fairest course of action for not only the parties involved but
also society as a whole. makes sure people don't take advantage of laws
legal reasoning - ️️The process of reasonin...
BMGT 380, Exam 1
Law of Equity - ✔️✔️A system of deciding cases in which judges use their wisdom and
experience to determine the fairest course of action for not only the parties involved but
also society as a whole. makes sure people don't take advantage of laws
legal reasoning - ✔️✔️The process of reasoning by which a judge harmonizes his or
her decision with the judicial decisions of previous cases.
Persuasive Authority - ✔️✔️Any legal authority or source of law that a court may look
to for guidance but need not follow when making its decision.
Sources of Law - ✔️✔️Constitutional, Statutory, Administrative, Common
Constitutional Law - ✔️✔️law that involves the interpretation and application of the U.S.
Constitution and state constitutions
Statutory Law - ✔️✔️Law passed by the U.S. Congress or state legislatures,
statues - ✔️✔️Laws enacted by the legislative branch of a government (federal)
ordinances - ✔️✔️a piece of legislation enacted by a municipal authority (local)
Common Law - ✔️✔️judge-made law grounded in tradition and previous judicial
decisions, instead of in written law - torts
administrative law - ✔️✔️the body of law that regulates the operation and procedures
of government agencies.
priority law - federal defeats state law - ✔️✔️true
priority law - constitutions defeat all other laws - ✔️✔️true
priority law - statutes defeat all other laws that depend on legislative delegation -
✔️✔️true
priority law - statutes (and laws derived from them by delegates) defeat common law
rules - ✔️✔️true
classifications of law - ✔️✔️civil and criminal
criminal law - ✔️✔️crime against the govt., punishment is prison
, civil law - ✔️✔️crime against another person, punishment is paying money
fines vs. damage - ✔️✔️criminal is a fine. civil is damages
Substantive law - ✔️✔️creates, defines, and regulates legal rights and duties
public law - ✔️✔️the law of relationships between individuals and the government.
private law - ✔️✔️regulates disputes between private individuals or groups
functions of law - ✔️✔️Peacekeeping, checking government power and promoting
personal freedom and facilitating planning and realizations of reasonable expectations
Types of legal argument - ✔️✔️Textualism, Originalism, Precedent, Tradition, Policy
text - ✔️✔️legal text, only the text, subjectivity
intent - ✔️✔️what the text meant to those who enacted it, reference about intent of
those who created the text, popular will
Briefing a case - ✔️✔️facts, procedural history, issues (question form), holding
(answers for the issues), reasons, result
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