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MGMT 311 EXAM 1 Questions and CORRECT Answers

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MGMT 311 EXAM 1 Questions and CORRECT Answers Richard is a state appeals court judge. In making judicial decisions, Richard issues rulings that are consistent with precedents established in similar cases within his jurisdiction. Richard is following the principle of: - CORRECT ANSWERS stare decisis A case comes before a Wisconsin state trial court on the subject of free speech on the internet. It is a case of first impression, meaning that no case involving the same issue has been decided by the Wisconsin courts. In deciding such a case, it would not be considered proper for the judge to consider: - CORRECT ANSWERS equitable maxims Joseph is appointed to serve as an officer for a federal agency. He is appointed by the president of the United States and confirmed by the U.S. Senate. He is to serve for a six-year fixed term and cannot be removed without cause (even if there is a change in the president). Joseph is most likely serving in: - CORRECT ANSWERS an independent agency

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MGMT 311
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MGMT 311

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MGMT 311 EXAM 1 Questions and CORRECT
Answers
Richard is a state appeals court judge. In making judicial decisions, Richard issues rulings that are
consistent with precedents established in similar cases within his jurisdiction. Richard is following
the principle of: - CORRECT ANSWERS stare decisis



A case comes before a Wisconsin state trial court on the subject of free speech on the internet. It is a
case of first impression, meaning that no case involving the same issue has been decided by the
Wisconsin courts. In deciding such a case, it would not be considered proper for the judge to
consider: - CORRECT ANSWERS equitable maxims



Joseph is appointed to serve as an officer for a federal agency. He is appointed by the president of
the United States and confirmed by the U.S. Senate. He is to serve for a six-year fixed term and
cannot be removed without cause (even if there is a change in the president). Joseph is most likely
serving in: - CORRECT ANSWERS an independent agency



Sarah prevails in her lawsuit against Carl for injuries she sustained in a car accident. As a result, Sarah
is entitled to a remedy. In the U.S. legal system, Sarah's remedy will most likely be in the form of: -
CORRECT ANSWERS damages



Monroe is reviewing an appellate case for class and must correctly identify the parties to the case. In
the case, the original defendant (Franklin) is appealing his conviction by the State of Idaho. In the
appeals case, Franklin is known as the: - CORRECT ANSWERS appellant



The Indiana state legislature passes a law increasing the minimum jail time for repeat violent
offenders. This law becomes part of a body of law known as: - CORRECT ANSWERS statutory
law



All of the cases that have been decided by U.S. judges, as well as by English judges prior to the
American Revolution, constitute a body of law known as: - CORRECT ANSWERS common law



Assume that Congress passes a law establishing a new administrative agency to oversee
cyberterrorism issues. The agency writes rules to enable itself to carry out its duties. The rules
written by the agency will be known as: - CORRECT ANSWERS administrative law

,The National Conference of Commissioners on Uniform State Laws (NCCUSL) passes a new uniform
act related to texting while driving. This uniform act: - CORRECT ANSWERS becomes the law in
every state that adopts the uniform act through legislative action.



The city of Flagstaff passes legislation to make it illegal to carry an open container of alcohol on any
city street at any time. This legislation is called: - CORRECT ANSWERS an ordinance



Law - CORRECT ANSWERS A body of enforceable rules governing relationships among
individuals and between individuals and their society



Liability - CORRECT ANSWERS The state of being legally responsible (liable) for something,
such as a debt or obligation



Constitutional law - CORRECT ANSWERS Law that is based on the U.S. Constitution and the
constitutions of the various states



Statutory law - CORRECT ANSWERS The body of law enacted by legislative bodies (as opposed
to constitutional law, administrative law, or case law)



Uniform laws - CORRECT ANSWERS A model law created for the states to consider adopting. If
a state adopts the law, it becomes statutory law in that state. Each state has the option of adopting
or rejecting all or part.



Ordinances - CORRECT ANSWERS A law passed by a local governing unit, such as a city or a
county



Administrative agency - CORRECT ANSWERS A federal or state government agency created by
the legislature to perform a specific function, such as to make and enforce rules pertaining to the
environment.



Executive agencies - CORRECT ANSWERS An administrative agency within the executive branch
of government. At the federal level, executive agencies are those within the cabinet departments.



Independent Regulatory Agency - CORRECT ANSWERS An administrative agency that is not
considered part of the government's executive branch and is not subject to the authority of the
president. Independent agency officials cannot be removed without cause

, Case law - CORRECT ANSWERS The rules of law announced in court decisions. Case law
interprets statutes, regulations, constitutional provisions, and other case law



Remedies - CORRECT ANSWERS The relief given to an innocent party to enforce a right or
compensate for the violation of a right



Common law - CORRECT ANSWERS The body of law developed from custom or judicial
decisions in English and U.S. courts, not attributable to a legislature



Courts of law - CORRECT ANSWERS A court in which the only remedies that can be granted are
things of value, such as money damages. In the early English king's courts, courts of law were distinct
from courts of equity



Remedies at law - CORRECT ANSWERS A remedy available in a court of law. Money damages
are awarded as a remedy at law.



Damages - CORRECT ANSWERS Definition:A monetary award sought as a remedy for a breach
of contract or a tortious act.



Courts of Equity - CORRECT ANSWERS A court that decides controversies and administers
justice according to the rules, principles, and precedents of equity



Remedies in equity - CORRECT ANSWERS A remedy allowed by courts in situations where
remedies at law are not appropriate. Remedies in equity include injunction, specific performance,
rescission and restitution, and reformation.



Breaches - CORRECT ANSWERS To violate a law, by an act or an omission, or to break a legal
obligation that one owes to another person or to society



Laches - CORRECT ANSWERS The equitable doctrine that bars a party's right to legal action if
the party has neglected for an unreasonable length of time to act on his or her rights



Equitable maxims - CORRECT ANSWERS General propositions or principles of law that have to
do with fairness (equity)

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