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CMGT 460 EXAM LATEST UPDATE
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CMGT 460 EXAM LATESTUPDATE
Powers which are not _____ to the federal government are _____ to the states and the
people. - Answer delegated, reserved
List one individual liberty created by the 1st Amendment. - Answer None.
The 4 phases of the CA civil procedure - Answer Pleadings, Discovery, Trial, and
Post-Trial
Cross Complaints - Answer Defensive documents which are filed by persons other than
the plaintiff
The jury decides the questions of ____________ - Answer fact.
The judge decides the questions of _____________ - Answer law.
If there is no jury then there is only 2 phases of a trial: - Answer Evidence and
Judgement
How many phases are there in a trial? - Answer 8
What are the phases in a trial? - Answer Jury selection, opening statements, evidence,
closing arguments, jury instructions, jury deliberates, jury verdict, and judgement
3 types of liability - Answer Criminal, disciplinary, and civil
When is a state law not valid? - Answer When it violates the right of Congress in Article 1
Section 8 of the U.S. Constitution and violates the people under the 14th Amendment
How long do you have to file a civil lawsuit? - Answer Written - 4 years
Oral - 2 years
Demurrer - Answer (to object) a pleading in a lawsuit that objects to or challenges a
pleading filed by an opposing party/ a motion filed in the pleadings phase
Motion for summary judgement - Answer when one party believes that there are no
important facts in dispute
Motions are decided on questions of _____ - Answer law.
Motion of directed verdict - Answer made before a case is submitted to the jury and
argues that no reasonable jury could find for the opportunity party
Result of a __________ will end in a ___________ - Answer motion, judgement
,Motions have to be filed in _______; not ________ - Answer law, fact
Appellant court judges are present to fix mistakes of _____ - Answer law.
Appellant judges can decide 3 things in a trial - Answer Affirm, reverse, and reverse &
remand
Appellant courts don't make decisions of ____ - Answer fact. Juries only make decisions.
Federal bankruptcy - Answer imposes an automatic stop on all state court litigation's
and discharge
Two ways of terminating an offer - Answer By the parties and law
Two ways a party can terminate an offer - Answer Offeror revokes the offer and offeree
rejects the offer
Two ways a law can terminate an offer - Answer Law, itself and lapse of reasonable
amount of time
Plaintiff files a _____ - Answer complaint
Defendants _____ the plaintiff and can _____ ______ to get ______ - Answer answer, cross
complaints, answers
Defendants are the ones being ____ - Answer sued
Deposition - Answer oral questions that are answered orally
Interrogatories - Answer questions written and answered in writing
Request for admissions - Answer required to admit or deny something is true
Request for production - Answer force party to produce documents or things
Discovery includes - Answer Deposition, interrogatories, request for admissions, and
request for production
The motion under Pleadings is - Answer demurrer
The motion under Discovery is - Answer motion for summary judgement
The motion under Trial is - Answer motion for directed verdict
The motion under Post-Trial is - Answer motion for new trial
The 4 types of theories - Answer Express contract, implied in fact, implied in law, and
promissory estoppel
The 2 types of legal theories - Answer Express contract and implied in fact contract
The 2 types of equitable theories - Answer Implied in law and promissory estoppel
, An express contract is either - Answer oral or written
An implied in fact contract is - Answer conduct
Implied in law are also called - Answer quasi-contract and quantum meruit
The 6 elements under legal remedies must have - Answer Agreement, consideration,
legal objective, capable parties, assent, and statute of frauds
An agreement must include - Answer an offer and acceptance
An implied in law theory must have 2 elements - Answer unjust and enrichment
Promissory estoppel must have 4 elements - Answer Promise, Promisor
expects/promissee to rely, promisee reasonably relies, and promissee suffers an injury
An offer includes 3 Parts - Answer intent to be bound, specific terms, and
communicated to the offeror and offeree
What individual liberties protect the 1st amendment? - Answer Freedom of Religion,
freedom of Speech, Freedom of Press, and peaceable assemblies
The powers of congress are found where? - Answer Article 1 Section 8 of the US
Constitution
A federal law supersedes a state law when - Answer the power has been delegated to
Congress in Article 1 Section 8 of the US Constitution
A California law supersedes a federal law when the power has not been _______ to
Congress in _____________ and it has been ____________ in the states in the _____________
- Answer A California law supersedes a federal law when the power has not been
delegated to Congress in Article 1 Section 8 of the US Constitution and it has been
reserved in the states in the 10th Amendment.
When does a county law supersede a state law - Answer never
When does a county law supersede a city law - Answer when the states delegate the
power to the county by the way of enabling legislation
14th amendment protects people from the ____ and ____ _______ - Answer states and
local governments
What are the 5 levels of government? - Answer Federal, State, county, city, and special
districts
True or False: Cities get power from counties - Answer False, states
True or False: Special districts get their powers from the federal government? - Answer
False, states
A state law will always ______ a local government because - Answer supersede because
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