MGT 2106 Review Sheet Exam 1 Fall 2024 PDF

**[MGT 2106 Review Sheet Exam 1- Fall 2024]{.smallcaps}** [[Intro Material -- Chapters 1, 2, and 3]]{.smallcaps} - Jurisprudence: Schools of thought? **Jurisprudence is the philosophy of law;** 1. 2. 3. 4. 5. 6. 7. - Functions of the law? **Keep the peace, shape moral standards,...

**[MGT 2106 Review Sheet Exam 1- Fall 2024]{.smallcaps}** [[Intro Material -- Chapters 1, 2, and 3]]{.smallcaps} - Jurisprudence: Schools of thought? **Jurisprudence is the philosophy of law;** 1. 2. 3. 4. 5. 6. 7. - Functions of the law? **Keep the peace, shape moral standards, promote social justice, maintain the status quo, facilitate orderly change, planning, and individual freedom** - Structure of the federal branches of government: What are they? Purpose? 1. 2. 3. **The purpose of this structure is to establish checks and balances, ensuring that one branch has too much power** - Structure of federal and state court systems **Federal Court System:** 1. 2. 3. 4. **State Court Systems:** 1. 2. 3. 4. - - - - - - - - - - What are the sources of federal law? How are each of these sources created? 1. 2. 3. 4. - Who are the parties to litigation? **Litigation: process of bringing, maintaining, and defending a lawsuit** - 1. 2. 3. 4. 5. 6. - Subject Matter Jurisdiction: **A court's authority to hear and decide cases of a particular type or related subject matter.** - federal question: **Federal courts have jurisdiction when a case involves a question or issue arising under federal law, the US Constitution, or treaties**, diversity jurisdiction: **Federal courts can also hear cases where the parties can also hear cases where the parties are from different states or countries, and the amount in controversy exceeds \$75,000. This is meant to provide a neutral forum** - **exclusive jurisdiction: Certain cases can only be heard in federal court or specific state courts. for example, cases involving bankruptcy, patents, or federal criminal laws are under exclusive federal jurisdiction** - **concurrent jurisdiction: some cases can be heard in either state courts or federal courts, giving parties the option to choose. for example, cases involving federal questions or diversity issues can be heard in both** - - Personal jurisdiction: What is it? Purpose of it? **Personal jurisdiction refers to a court\'s authority over the parties involved in a lawsuit. A court must have personal jurisdiction over a defendant to hear a case against them. The purpose is that it ensures that a defendant is not brought into a court far removed from their activities or residence unless they have sufficient connections to the area.** - - - Stare Decisis, Precedent: what is it? Purpose? Effects? **This legal principle means "to stand by things decided" Courts follow the rulings of previous cases to ensure consistency and predictability in the law. It prevents courts from arbitrarily overturning an earlier decision** - What is standing? **Standing refers to a party\'s legal right to bring lawsuit. To have standing, a party must demonstrate injury in fact, causation, and redressability.** - Anatomy of a lawsuit: - 1. a. b. c. d. e. f. g. h. i. 2. j. 3. k. l. m. n. o. 4. p. q. r. 5. s. t. u. v. w. x. y. 6. z. a. b. What is a statute of limitation? **An established period during which a plaintiff must bring a lawsuit against the defendant. Runs at the time the plaintiff first has the right to sue the defendant. The plaintiff loses the right to sue when the lawsuit is not filed in a specific period. This is established for each type of lawsuit** - What is a forum selection clause? What is a choice of law clause? **[A forum selection clause] is a provision in a contract that specifies which court or jurisdiction will hear any disputes arising from the agreement. It predetermines the venue where legal proceedings will take place if a conflict occurs between parties[. Choice of Law] clause is a provision in a contract that designates which jurisdiction;s laws will govern the terms of agreement and resolve any disputes** - What is ADR? What is mediation? What is arbitration? Negotiation? **Alternative Dispute Resolution (ADR) - methods of solving disputes other than litigation** 1. 2. 3. - [[Constitutional Law -- Chapter 4]]{.smallcaps} **[[Enumerated powers:] certain powers delegated to federal gov't by states]{.smallcaps}** **[reserved powers: Powers not delegated to to the fed gov't by the constitution and reserved for state gov'ts]{.smallcaps}** - Supremacy clause: **Establishes that the US constitution, federal treaties, laws, and regulations are the supreme law of the land. State and local laws that conflict are ruled unconstitutional.** - Preemption doctrine: **Doctrine that provides that federal law takes precedence over state or local law. Congress may expressly provide that a federal statute exclusively regulates an area or activity. Or local gov't's are giving concurrent powers** - Commerce clause and effects on interstate commerce test: **Commerce Clause grants Congress the power to regulate commerce with foreign nations, among the several states, and with Indian tribes. Federal gov;t has power to regulate 1) commerce with native tribes 2)foreign commerce and 3) interstate commerce. Interstate commerce test is commerce that moves between states or that affects commerce between states ( anything that effects commerce)** - Dormant commerce clause **Situation in which the federal gov't has the Commerce Clause power to regulate an area of commerce but has chosen not to regulate it. State can enact laws to regulate that area of commerce with its police power. Regulation by state should not burden commerce** - How is speech protected? What are the levels? To what kinds of speech do they apply? **Speech is protected by the first amendment** **[1) fully protected speech] - cannot be regulated, prohibited by the government. Can be oral, written or symbolic. ex) criticizing president, burning US flag in protest** **[2) limited protected speech] - Speech that the government may not prohibit but is subject to time, place, and manner restrictions.** - - **[3) unprotected speech-] Speech not protected by first amendment and may be forbidden totally ex) dangerous speech, child pornography** - Freedom of religion clause; establishment and free exercise clauses 1. 2. - Equal protection clause; 3 tests; To what does each apply? **Equal protection clause provides that a state cannot deny any person within jurisdiction the equal protection of laws.** - - - - Due Process clause: **No person shall be deprived of life, liberty, or property without due process of the law** - - [[Torts -Chapter 5]]{.smallcaps} - Intentional Torts: **Injured party brings civil lawsuit to seek compensation for a wrong done to the party or to the party's property. Tort damages available as compensation. If the victim of a tort dies, beneficiaries can bring a wrongful death action against defendant to recover damages** - **I[ntentional torts] is a category of torts that requires that the defendant possessed the intent to do the act that caused the plaintiff's injuries** - - - - - - - - - - - - - - Unintentional Torts/Negligence: **A doctrine that says a person is liable for harm that is the foreseeable consequence of his or her actions.** - **[Negligence]: Omission to do something which a reasonable person would do, or doing something which a prudent and reasonable person would not do** - 1. 2. 3. 4. 5. - **Special Negligence Doctrines:** - - - - - - - - [[Strict Liability - Chapter 6]]{.smallcaps} - Definition? [ **Strict Liability:** ]**Liabilities without fault; certain activities tat can place the public at risk of injury even if reasonable care is taken. Public should have some means of compensation if such injury occurs.** - 1. - Elements of Product Liability? **Negligence, misrepresentation, and strict liability.** - - - - Who can be held liable for product liability? Who can recover? **All parties involved in the distribution chain of a defective product can be held liable: manufacturers, distributors, wholesalers, retailers, lessors, subcomponent manufacturers. Anyone who is harmed by the defective product can recover damages, including consumers, users of a product even if not purchased, and third-party bystanders who are injured as the result of product defect.** - Compare strict liability with negligence. **What are the differences? Strict liability is based on liability without fault; defendants can still be held liable if they exercise all possible care in the design, manufacturing, and care of the product. Negligence is liability based on fault; the plaintiff must prove that the defendant was careless or breached a duty of care, leading to defect and resulting in injury.** - Types of defects? **defect in manufacturing, defect in design, defective packaging, failure to warn, and inadequate instructions.** - - Defenses? - - - - - - - - [[Exam Pointers]]{.smallcaps} - It is impossible to get an A on the exam if you have not read the book. - Students who read the book and then use their book and notes to complete the review sheet themselves are most likely to get an A. Completing the review sheet yourself is one of the most effective forms of "studying." [[Essay Pointers]]{.smallcaps} - The essay question will seek both explanation of the law and application of the law to the facts. - You should begin the essay by explaining what law applies and why. Define all legal terms that you use and explain the elements of any law that you discuss. - Once you have discussed the law, then apply the law to the facts in question. This is the place that students tend to lose points. - Explain your reasoning before reaching your conclusion. - -