Test One (Ch.1-4)
- Southeastern Louisiana University
- Management 231
- Test One (Ch.1-4)
Last Modified: 2011-06-29
- The U.S. constitution and the constitutions of various states (constitutional law)
- statutes, laws, passed by congress and by state legislatures (statutory law)
- Regulations created by administrative agencies, such as FDA (regulatory law/administrative law)
- case laws (court decisions)
It includes the aggregate of reported cases that interpret judicial precedents, statues, regulations, and constitutional provisions.
there were no statutes or anything. problems were brought to the king and he would render a decision. it was used commonly throughout england.
same as judge law because the judge made the decision
- that decisions made by a higher court are binding on lower courts
- that a court should not overturn its own precedents unless there is a strong reason to do so
FDA, FCC, homeland security
wildlife and fisheries, dept. of agriculture
the plaintiff will always be the state or government.
(shareholders, community, customers, employees and profit)
standing to sue
over the person = in personam
over the property = in rem
appellate court--no evidence, testimony, or new info.
- the answer---defendant
- the counter claim ---- the defendant
- the reply-----the plaintiff
- requests of documents
- physical and mental examination
verbal ones are questions answered by the doponent to the attorneys and the questions and answers are recorded by an authorized court official and sworn to and signed by the doponent.
written ones are taken when witnesses are unable to appear in court
- motion for judgment on the pleadings--the judge will grant the motion only when there is no dispute over the facts and the issue can be resolved by pleads so there is no trial.
- motion for summary judgment--court may make judgment before trial based on outside evidence (sworn statements or other docs)
If there is an activity taking place in one state and that activity has some outside affect on commerce outside the states--that can also now be filed under the commerce clause and take it over by the federal government.
guarantees the rights to indictment by grand jury, to due process of law, and to fair payment when private property is taken for public use. it also prohibits compulsory self-incrimination and double jeopardy (trial for the same crime twice)
tells you the procedure in how to do things
everything is so vague that you cannot understand it.
limited protected-- commercial speech (can't prohibit it but can restrict it)
unprotected--obscenity (no protection)
can't pick a religion for us to follow.
can't interfere with an individual's choice of religion.
executive--enforces the law
judicial---interprets the law
Words From Our Students
"StudyBlue is great for studying. I love the study guides, flashcards, and quizzes. So extremely helpful for all of my classes!"
Alice, Arizona State University
"I'm a student using StudyBlue, and I can 100% say that it helps me so much. Study materials for almost every subject in school are available in StudyBlue. It is so helpful for my education!"
Tim, University of Florida
"StudyBlue provides way more features than other studying apps, and thus allows me to learn very quickly! I actually feel much more comfortable taking my exams after I study with this app. It's amazing!"
Jennifer, Rutgers University
"I love flashcards but carrying around physical flashcards is cumbersome and simply outdated. StudyBlue is exactly what I was looking for!"