MIE 305 Exam Set Questions With Reviewed Correct Detailed Answers New Update!!
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Course
MIE 305
Institution
MIE 305
MIE 305 Exam Set
Questions With Reviewed
Correct Detailed Answers
New Update!!
1. Law merchant - ANSWER
people in the middle ages
rules of commerce/trade used by business
2. Substantive vs procedural law - ANSWER
disputes. defines rights
substantive=used to decide
3. Pr...
MIE 305 Exam Set
Questions With Reviewed
Correct Detailed Answers
New Update!!
1. Law merchant - ANSWER rules of commerce/trade used by business
people in the middle ages
2. Substantive vs procedural law - ANSWER substantive=used to decide
disputes. defines rights
3. Procedural=how a lawsuit is begun, how trial is conducted, etc. how rights are
protected.
4. Public vs private law - ANSWER Public Law
* constitutional-rights, powers, duties of state/federal under the constitution
* administrative-FTC, etc (admin. services rule making)
* criminal-legally enforceable rules
Private Law-Contracts, Torts, Property
,5. Civil vs criminal law - ANSWER civil law =branch of law dealing with the
definition and enforcement of all private or public rights, as opposed to
criminal matters (contracts, etc.)
criminal law=the branch of law that defines and punishes wrongful actions
committed against the public
6. Equity - ANSWER a branch of law founded on what might be described as
notions of justices & fair dealing
-seeks to supply a remedy (compensation) when no adequate remedy @ law is
available
7. Stare decisis - ANSWER the legal principle of determining points in
litigation according to precedent
8. Res judicata - ANSWER a matter that has been adjudicated by a competent
court and may not be pursued further by the same parties.
9. Dicta - ANSWER a statement of opinion considered authoritative
(although not binding), given the recognized authoritativeness of the person who
pronounced it
10. Vago's purposes and functions of law - ANSWER 1. social control
2. dispute resolution
3. social change
, 11. Consensus vs conflict perspective - ANSWER Consensus- law attempts to
satisfy those with conflicting claims/demands (referee)
Conflict-laws reflect instrests of the powerful
12. Objectives of a legal system - ANSWER 1. promote order
2. allow justice to be obtained
3. cultivate a sense of reasonableness
13. 4 sources of law - ANSWER 1. The constitution,
2.statues or laws passed by congress or state legislatures
3.regulations created by admin agencies,
4.case law
14. Judicial review (importance of Marbury vs Madison) - ANSWER the
process by which a court decides on the constitutionality of legislative
enactments and actions of the executive branch
-function: checks and balances
granted by Marbury vs Madison
15. Origin of Common Law, How did it spread? - ANSWER the body of law
developed from custom or judicial decisions in English and U.S. courts, not
attributable to a legislature
-became part of heritage of all nations that were once British colonies
, 16. Why has the US experienced an "orgy of statue-making"? - ANSWER 1. As
governance has gotten more complicated, precise statutes have become
necessary
2. States are trying to reclaim power they lost as a result of judicial review
17. Judicial federalism - ANSWER a system of coexisting state and federal
courts
18. Characterize the respective caseloads of civil and criminal courts in the US -
ANSWER civil-redress a wrongdoing
criminal-punish a wrongdoing
19. Jurisdiction vs venue - ANSWER jurisdiction-the authority of a court to
hear and decide a specific case
20. Venue-geographic district in which a legal action is tried & from which the jury
is selected
-in civil case: where defendant resides
-in criminal case: where crime occurred
21. What are geographical and subject matter jurisdiction? - ANSWER
subject matter-usually defined in statute or constitution creating the court. what
types of cases can it hear?
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