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ACC 241 Midterm 1 Exam 87 Questions with Verified Answers,100% CORRECT
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ACC 241 Midterm 1 Exam 87 Questions with Verified Answers
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ACC 241 Midterm 1 Exam 87 Questions with VerifiedAnswers
Sources of Law - CORRECT ANSWER - Constitution (Supremacy Clause) - laws
coming from the constitution
- Codified Law (Statutes and Ordinances) - written down law and approved by the
legislation
- Administrative Law - Agencies, both federal and state, authorize it to make rules
(Ex: FCC net neutrality rules)
- Case Law - These are laws that are made by case decisions
Stare Decicis - CORRECT ANSWER Legal principle that similar court cases should
be solved consistently
- You don't have to care about what cases on your same level have ruled but you
need to look at the courts above you (supreme court)
IRAC Method for answering case questions - CORRECT ANSWER Issue
Role
Analysis
Conclusion
Types of Judicial Decisions - CORRECT ANSWER - Unanimous Decisions
- Majority Decisions
- Plurality Decisions
- Tie Decisions
Unanimous Decision - CORRECT ANSWER All 9 justices agree on the outcome and
reasoning in a case
- Opinion becomes precedent
- Most decisions in the supreme court
Majority Decision - CORRECT ANSWER - 5 Of the 9 justices agree on the outcome
and reasoning in a case
- opinion becomes precedent for later cases
, Plurality Decision - CORRECT ANSWER - Majority of the justices agree to the
outcome of a case but not to the reasoning of the outcome
- Settles the case but DOES NOT become precedent
Tie Decision - CORRECT ANSWER - Happens when not all 9 seats are filled
- If this happens the ruling in the immediate lower court is affirmed
Concurring opinion - CORRECT ANSWER Justice who agrees with the outcome but
has his/her own opinion
Dissenting Opinion - CORRECT ANSWER Justice who does not agree with the
ruling and why.
Civil Law - CORRECT ANSWER - You sue someone for compensation for your injury
or pain
- Usually involving private parties
- Burden of proof = the plaintiff in a civil case just has to tip the scale more than
50% that they most likely did it.
Criminal Law - CORRECT ANSWER - Always cases involving the government
- Criminal cases are looking for punishment
- Burden of Proof = Criminal court has to prove beyond a reasonable doubt
- Double Jeopardy
Personal Jurisdiction - CORRECT ANSWER Resident - If you live within the
boundaries they have jurisdiction over you
- Corporations have residency where their LLC is and where their principal place
of business is
Non - Resident (Long Arm Statute) - extends a state's jurisdiction over a person or
corporation who are not within their state through contracts or sufficient
minimum contacts tests (for defendants)
Ex: Transnational Business, Causing injury within the state, Contracting to supply
services
Property - If the property is located in the state the court has jurisdiction
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