4 pages/≈1100 words
Business & Marketing
BMGT 380 (Coursework Sample)
QUIZ 1bus law.doc QUIZ 1 BMGT 380 Due Date: Monday, November 1, 2010 by 5:00pm EST Instructions: Please answer the following short answer questions. Each question is worth 5 points. 1. (a) What is a judicial decision? (b) What is stare decisis? (c) Explain whether stare decisis applies to the North Carolina Supreme Court when the U.S. Supreme Court issues a court decision. (d) Explain whether stare decisis applies to the North Carolina Supreme Court when the South Carolina Supreme Court issues a court decision. 2. (a) What is personam jurisdiction? (b) If a court does not have personam jurisdiction over a person, how can a court obtain jurisdiction over the person? 3. What are the consequences of a tie decision of the Supreme Court justices? 4. Explain the jurisdiction of federal courts and state courts. 5. What is a statute of limitations? 6. How is a trial court decision appealed? 7. (a) What authority does the judicial branch of the government have? (b) What authority does the legislative branch of the government have? (c) What authority does the executive branch of the government have? 8. Explain the Supremacy Clause of the U.S. Constitution. 9. Explain the federal government's authority to regulate foreign commerce and interstate commerce. 10. Explain how speech is protected by the First Amendment. 11. Explain the doctrines of equal protection and due process. 12. List and describe three (3) intentional torts against persons. 13. List and explain the elements necessary to prove negligence. 14. List and describe two (2) defenses to a charge of negligence. 15. Describe the doctrine of strict liability. 16. List and describe three (3) defenses to a charge of strict liability. 17. Define the following terms: (a) Administrative law. (b) Legislative Power of an administrative agency (c) Judicial Power of an administrative agency (d) Executive Power of an administrative agency (e) Delegation doctrine 18. List and describe the essential elements of a crime. 19. List and describe the classification of crimes. 20. Explain the constitutional safeguards provided by the Fourth and Fifth Amendments to the U.S. Constitutions. source..
Instructions: Please answer the following short answer questions. Each question is worth 5 points.
1. (a) What is a judicial decision?
A judicial decision is the determination or ruling made by a court that is of proficient jurisdiction on matters or subject submitted to the court.
(b) What is stare decisis?
This is a basic principle of the law in that the decision which is precedent is made on a case by a court then it must be applied and respected by other courts.
(c) Explain whether stare decisis apply to the North Carolina Supreme Court when the U.S. Supreme Court issues a court decision.
The US uses common law system in the state courts and much less in the federal courts; however there are times where the decisions are overruled. Stare decisis does not apply to North Carolina.
(d) Explain whether stare decisis apply to the North Carolina Supreme Court when the South Carolina Supreme Court issues a court decision.
Stare decisis is not applicable to the North Carolina when the South Carolina Supreme Court issues a court decision. The court is not constrained to stare decisis and may sometime invoke it. This is because they are different state courts.
2. (a) What is personam jurisdiction?
Personam jurisdiction is the power of the court over a specific defendant or property. This is necessary so that the court binds the defendant or individual to an obligation.
(b) If a court does not have personam jurisdiction over a person, how can a court obtain jurisdiction over the person?
Firstly, by serving the individual personally with notices or summons in the state of the individual, when the person voluntarily agrees on the court having jurisdiction on the matter, and if the person never contests on the jurisdiction. The court must first establish whether the acts of the person warrant personam jurisdiction this include the purposeful acts of the person.
3. What are the consequences of a tie decision of the Supreme Court justices?
The decision is made by five justices who vote to establish the majority if there is a tie then the previous judgment is declared. The case can also be taken to the court of appeal for hearing.
4. Explain the jurisdiction of federal courts and state courts.
The federal courts have original jurisdiction over specific matters e.g. United States bankruptcy courts, Tax Court, Private Land Claims (1891-1904), International Trade, Federal Claims, and Foreign Intelligence Surveillance Court. The federal courts also have jurisdiction of Appeals for Veterans Claims, Appeals for the Armed Forces and Appeals for the Federal Circuit.
The state courts mainly deal with disputes connected to the US states; these include civil and criminal disputes and are minimally supervised by the federal court.
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