CMGT 460 Midterm Exam
Study Set
Definition of Consideration - Answer Bargained for legal detriment
What Document protects the people from the federal government? - Answer Bill of
Rights/Amendments 1-10
what amendment protects the people from the states? - Answer 14th
Two jobs (creating) of the federal government - Answer - create military
- create money
2 Purposes Of The U.S. constitution - Answer - delegate powers
- Limit/Reserve Powers
What branch of government is part of Article 1? - Answer Legislative/Congress
what branch of government is part of article 2 - Answer executive/president
what branch of government is part of article 3 - Answer judicial/courts
What are enumerated powers? - Answer Powers given to congress
In the legislative branch, under federal and state government, what is created when a
law is passes? - Answer statutes
In the legislative branch, under county and city government, what is created when a law
is passes? - Answer ordinances
What are the 3 types of courts in the federal and state judicial branch - Answer - Trial
Court
- Appellate court
- Supreme Court
in the federal judicial branch what is another name for trial court? - Answer district
court
in the federal judicial branch what is another name for appellate court? - Answer circuit
court
in the state judicial branch what is another name for Appellate court? - Answer district
court of appeals
, What are the three lower courts in the state judicial branch - Answer - small claims court
- limited jurisdiction
- superior court
in the executive branch, federal and state create _____________ and county and city
create _______________ - Answer 1) regulations
2) policies and procedures
what are the three sections of legal liability? - Answer - Criminal
- Disciplinary
- Civil
what are the 2 divisions of civil legal liability - Answer - tort
- contract
what is a tort - Answer civil wrongdoing recognized by the courts
what is the common type of tort? - Answer Negligence
what are the 4 divisions of negligence - Answer - duty
- breach
- causation
- damage
t/f in legal liability, a person can be both criminal and disciplinary liable - Answer true
definition of procedural - Answer the procedure of how to go through the process of the
law
definition of substantive - Answer how to prove something under the law
what are the 4 sections of civil procedure - Answer - pleadings
- discovery
- trial
- post trial
what are the 3 types of dispute resolution - Answer - mediation
- arbitration
- litigation
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