Exam (elaborations)
Bmgt380 Umd Exam 1 Questions And Answers Latest Update
- Course
- BMGT 380
- Institution
- Loyola University Of Maryland
Bmgt380 Umd Exam 1 Questions And Answers Latest Update
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Solution 2024/2025Pepper
Bmgt380 Umd Exam 1 Questions And Answers
Latest Update
Sources of Law/Priority Rules: who defeats? ANS✔✔ US Constitution defeats
all inconsistent laws, State constitution defeats inconsistent state laws
Sources of Law/Priority Rules: Treaty Vs Federal Statute ANS✔✔ most recent
wins
when a treaty and federal statue conflict on the issue in question which will
prevail ANS✔✔ Most recent
Sources of Law/Priority Rules: statutes and administrative ANS✔✔ State and
federal statutes defeat inconsistent administrative regulations
Administrative Agencies ANS✔✔ created by Congress to help create laws
through delegation (grant) of power from the legislature, write/pass
regulations
Sources of Law/Priority Rules: administrative and CL ANS✔✔ Statutes and
administrative regulations defeat inconsistent common law (CL)
What is the goal of a trial court? ANS✔✔ to determine the facts of a case
(witnesses, evidence, exhibits)
Appellant ANS✔✔ Losing party at trial court, can be P or D
, Solution 2024/2025
Pepper
Appellee ANS✔✔ Winning party at trial court, can be P or D
Procedural History (?) ANS✔✔ How did this case land in this court today?
Legal Rule ANS✔✔ have to find the legal rule to guide their ruling based on
the ?
Affirm ANS✔✔ They agree, trial court made right decision, end of discussion
Reverse ANS✔✔ They rule the opposite decision because trial court messed
up
Vacate ANS✔✔ They were wrong, approached case in the wrong way, so
they throw out the ruling and try again with the appellate court's guidance
in mind, less bad than reversal, but not good
Remand ANS✔✔ Send it back to trial court with further instructions, making
the court do something else
Answer or motion to dismiss? ANS✔✔ must do one, can never do both
Motion to Dismiss ANS✔✔ complaint fails to state a claim that, if true, would
entitle P to win
Answer ANS✔✔ go through paragraphs of complaint and admit/deny each of
the P's allegations
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