MGMT 217 - CONCEPTS EXAM 1 s008-1

MGMT 217 - CONCEPTS EXAM 1 s008-1 - CONCEPTS EXAM #1 SPRING...

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CONCEPTS – EXAM #1 SPRING 2008 43. FUNCTIONS OF THE LAW -Social Control -Dispute Resolution -Maintenance of social value -Methods of social change 44. COMMON LAW/STATUTORY LAW -Common law is a judge made law Statutory is law made by the legislature 45. STARE DECISIS -The law of precedence 46. CIVIL/CRIMINAL -Civil is the clean private parties -criminal always has the govt. vs. defendant. Govt. rep by district attorney 47. STRUCTURE OF THE COURT SYSTEM – FEDERAL/STATE -Federal and state mirror each other, each has a trial court(original court of jurisdiction, determine the facts of a case- ex: car accident I say I hit you you say you hit me, the trial court determines who hit who), appellate court(the law is reviewed), and supreme court. 48. STRUCTURE OF THE CONSTITUTION – ARTICLES/ AMENDMENTS -review the bill of rights(understand it), the articles discuss governmental powers and the amendments discuss individual rights 49. POLITICAL SPEECH BY BUSINESSES -the govt must show a compelling state interest to restrict political speech
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50. COMMERCIAL SPEECH -the govt must show a substantial state interest 51. COMMERCE CLAUSE -How the federal govt gains power to regulate business within the state 52. TAXING POWER -congress has the right to impose taxes and the fed courts have a hands off approach to taxes 53. FIFTH AMENDMENT – SELF-INCRIMINATION -applies to ppl, and not the corporations 54. FIFTH AMENDMENT – TAKING OF PRIVATE PROPERTY FOR PUBLIC USE -eminent domain, when the govt takes a property for private use, they can do this as long as they compensate you for it 55. FOURTH AMENDMENT – WARRANT REQUIREMENTS -the govt. needs a warrant to enter your house. Must have probable cause. Closely regulate industry, you do not need a warrant(nuclear plants) they need a legitimate purpose(standard less than probable cause). Search and seizure need probable cause 56. JURISDICTION – which courts are proper to bring the claim in? Any time you file a claim you need a jurisdiction a. SUBJECT MATTER (the conflict)- the reason for going to court b. IN PERSONUM (the person)- c. IN REM (the property)-is over property(mortgage closure) d. QUASI-IN-REM (use of property only to get $$$$)-the claim itself is not over the property. A method of enforcement of judgment.(way to get your hands on the dollas) 57. REMOVAL JURISDICTION/DIVERSITY JURISDICTION -you choose where to sue them when you sue someone.
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Removal- when a defendant takes a case filed in state court into federal court. Only can do this in 2 ways Diversity- when the plaintiff and the defendant are residents of 2 different states. The claim has to be an amount of controversy over
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This note was uploaded on 04/07/2008 for the course MGMT 217 taught by Professor Wade during the Spring '08 term at Northern Illinois University.

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MGMT 217 - CONCEPTS EXAM 1 s008-1 - CONCEPTS EXAM #1 SPRING...

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