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MGMT 200 - Midterm
Midterm Notes
14
Law
Undergraduate 2
05/05/2010

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Cards

Term
Sources of Law
Definition
1) US Constitution
2) Cases - Precedent
3) Statutues - Legislature
Term
3 Characteristics of Legal Rules
Definition
1) Moral Judgement
2) Common Sense
3) Not Exact
Term
3 Theories of Law
Definition
1) Natural Law - What is right?
2) Positive Law - Who has the power, makes the laws
3) Sociological Law - Whatever works
Term
-Criminal-
Definition
Punishment, Fine, Treatment
NEED 12/12 Jurors to convict
Term
-Civil-
Definition
Money, Injunctive/Equitable
NEED 6-12 like 5/6 or 10/12
Term
Burden of Proof
Definition
Who is going to prove and how much evidence? (perponderance)
Term
Procedures
Definition
-Look at what is at stake
-Some procedures different
-Some procedures same
Term
Jurisdiction
Definition
The power of a court to hear a case...
Needs 2 types of jurisdiction:
-subject matter
-personal
more...
-original (where it originates)
-appellate (the power to hear and appeal)
-concurrent (two or more courts could hear a case)
-corporate (when does a court have power over a corporation)
Term
Court Systems
Definition
State and Federal
Term
Federal Court
Definition
1) from constitution, federal laws
2) USA vs. YOU
3) Diversity (people fighting from different states)
Term
Small Claims
Definition
small amounts of money (no criminal)
Term
Municiple Courts
Definition
shop lifting, minor assault, CITY COURT (no civil)
Term
District Court
Definition
Hears civil (up to 50k) and criminal. Misdemeanors, gross misdemeanors. County divided by districts.
Term
Superior Court
Definition
Misdemeanors, gross misdemeanors, and felonies.
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