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Exam 1 MGMT 217

by: Grace Notetaker

Exam 1 MGMT 217 MGMT 333

Grace Notetaker

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About this Document

Includes 1,2,4,19,6,5
Principles of Management
Paul Vljacic
Study Guide
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This 6 page Study Guide was uploaded by Grace Notetaker on Wednesday September 21, 2016. The Study Guide belongs to MGMT 333 at Northern Illinois University taught by Paul Vljacic in Fall 2016. Since its upload, it has received 4 views.


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Date Created: 09/21/16
MGMT 217 Study Guide: Exam 1 Common Law is judge based law, legislature not involved Statutory Law is passed by Congress or state legislatures enacted by legislative bodies Civil law is individual disputes, a private individual is suing another private individual or a public institution for money. Criminal law is defined by wrongful acts from prison Issue Civil Law Criminl Law Party The person who The state who suffered the (District/ brings harm State suit Attorney) Wrongf Causing harm to Violating a ul act a person or statute that property prohibits some type of activity Burden Preponderance of Beyond a of Proof the evidence reasonable doubt Verdict ¾ majority Unanimous (typically) Remed Damages to Punishment y compensate for (fine, the harm or a imprisonme decree to nt, or death) achieve an equitable result I. Structure of the Federal Court System 1. United States Supreme Court - No jury, 9 Supreme Court Justices, the highest court in the US 1. U.S Court of Appeals - Intermediate appeal courts, no jury, written briefs and oral arguments 1. US District Courts - Can have a jury, trial courts o Structure of Sate Court System 1. Highest Sate Court - Illinois Supreme Court, No jury ( 7) 2. State Courts of Appeals - Illinois Appellate court, no jury, lawyers argue in front of 3 judges 3. State Trail Court of General Jurisdiction - Illinois Circuit Courts, can be a o The Articles of the Constitution 1. 7 articles i. Articles 1-3 deal with gov' powers 1. Artcle 1, Ability to regulate interstate Section 8 is commerce. It prevents states the from establishing laws and Commerce regulations that would interfere Clause with trade and commerce among other states. It has had a greater impact on business than any other provision in the constitution. Establishm Prohibits the government from ent Clause establishing a state sponsored religion ii Article 4 deals with state powers iii Article 5 explains that the Constitution can be changed by adding in an amendment iv Article 6 is declaring the Constitution as the supreme law of the land v Article 7 is methods to ratify the Constitution o Amendments 1 27 Amendments in the US Constitution i 1-10 are the Bill of Rights 1. 1st Amendment: Freedom of Speech, political speech by businesses is protected under the first amendment 4th Amendment: Search warrant is required 5th Amendment: Right to remain silent / Self-incrimination. Private property cannot be taken for public use without just compensation - fair market value. 7th Amendment: Cant o Jurisdiction 1 The authority of a court to hear and decide a specific case i Subject Matter Jurisdiction 1. General SMJ - state court are able to hear any and all types of cases except bankruptcy. Bankruptcy goes to federal court 2. Limited SMJ - federal courts can only hear cases that arises under Congress grant of power ii Personal Jurisdiction 1. In personum, In rem - court has power over person/corporation and property, respectively 2 Removal and Diversity Jurisdiction i Removal Jurisdiction says that the right of a party of a lawsuit to move the case filed in state court to federal court , state law still applies in federal court ii Diversity Jurisdiction says the lawsuit in a federal court the parties must be completely diverse, must be from separate states and the amount on controversy must exceed 75000 bucks o Long Arm Statue - not all states have this statue 1 A state statue that permits a state Ex) Car to exercise jurisdiciton over accident, nonresident defendants. (committing a tort) It requires out-of-state to have minimum contacts to the state where case is being bought o Jury Selection Process 1 Voir Dire - attorneys ask prospective jurors oral questions to determine whether a potential jury member is biased or has any connection with a party to the action or with a prospective witness 2 Part must challenge a prospective juror without providing any reason and they can also provide a reason if they want. o Role of Judge 1 Jury Trail - presides over the trail ruling on motions and objections made by the lawyers, does not make the final decision 2 Bench Trail, Judge decides the case o Role of the Jury 1 "Finder of facts" o Pleadings of Litigation - 1 Statements by the plantiff and the defendant that detail the facts, charges, and defense in a case. 2 The person issuing the complaint is the Plaintiff. The person to answer the complaint is the Defendant. o Structure of Litigation 1 Complaint 2 Service of Process 3 Answer 4 Pre- trail Motions 5 Discovery 6 Pre-Trail Conference 7 Jury selection 8 Trail - both sides are heard 9 Verdict o Summary Judgement is a motion requesting the court to enter judgement without proceeding to trail o JNOV - Judgement NotWithStanding Verdict 1 Losing party may make this motion after the final verdict 2 Jury's verdict must be unreasonable and erroneous o Discovery 1 Depositions 2 Interrogations 3 Requests for Documents 4 Admissions 5 Mental and Physical Exams 6 Electronic evidence o Burdens of Proof 1 Civil Case Burden of Proof i Preponderance of the evidence ii Plantiff convinces the court 2 Criminal Case Burden of Proof i Beyond a reasonable doubt 1. Highest burden in the land 2. The state has this burden 3. Jury verdict is unanimous o Alternative Dispute Resolution 1 Mediation - Neutral third party that assists on negotiating a settlement i Preferred for business partners, employers and employees, long term relationships basically ii The parties decide the resolution, but the mediator may suggest a resolution 2 Negations - The two parties hash it out to meet a negotiation i Cheapest method 2 Arbitration - Disinterested third party reviews the dispute and renders a decision. The decision is either binding or non-binding o Exclusionary Rule 1 Any evidence obtained in violation of the constitutional rights spelled out in the 4,5,6 amendments or any illegally obtained evidence must be excluded from the trail o Intentional Torts Against In Personom 1 Assault i A reasonably believable threat, does not require actual touching. ii Can be defended if it is consensual 2 Battery i Inexcusable actual and intentional physical harm ii Contact can involve any part of the body or anything attached to it iii Can be defended by self-defense, defense of others, or consensual(boxing) 2 False Imprisonment i Holding someone without justification 2 Emotional Distress 3 Defamation i Anything published or publicly spoken that causes injury to another's good character 1. Statement must be false 2. Must be intended to harm the persons reputation 3. Was published to at least one person 4. If public figure, must prove malice a. Actual malice is a statement made with either knowledge of its falsity or reckless disregard of the truth ii Can be defended in the statement is true 2 Invasion of Privacy i Intrusion, False Light, Public Discourse of Private Facts, Identity theft for commercial purposes without permission (tortious) 2 Fraudulent Misrepresentation 3 Wrongful Interference o Intentional Torts Against In Rem 1 Trespass to Land 2 Trespass to Personal Party 3 Conversion o Interference with Prospective Advantage 1 Business are prohibited from unreasonably interfering with another's business in their attempts to gain a shared market. Committing Predatory behavior. Ex) Driving competitors completely out of the market o Interference with Contractual Relations 1 A valid, enforceable contract must exists between the two parties 2 A third party must know that this contract exists 3 The third party must intentionally induce a party to breach the contract o Negligence 1 Duty i The defendant owed a duty of care to plaintiff 1 Tort law measures duty by the reasonable person standard. Completely objective to how a reasonable person should act. 2 Duty of Professionals ex) profession standard - doctors, dentists, architects, lawyers, engineers, etc. 2 Breach i Failure to do required act 2 Causation i Causing injury as a result of the breach ii Must be a proximate cause 1 Legal cause exists when the connection between an act and an injury is strong enough to justify imposing liability 2 Foreseeability o Damages 1 Recognizable injury o Can be defended if there was an assumption of risk o Strict liability 1 Liable without any fault. i Keeping dangerous animals, blasting explosives, etc. o RICO 1 Racketeer Influenced Curb the entry of organized and Corrupt crime into the legitimate Organizations Act business world Criminal Provisions 25,000 fine per violation or imprisonment for up to 20 years or both May be required to forfeit any assets acquired from illegal activity Civil Liability Victims may recover 3x their loses including attorney fees 2 Misdemeanor less than a year 3 Felony is more than a year o Natural Law 1 A higher, universal law that exists that applies to all human beings and that written laws should imitate inherent principles. If a written law is unjust, then it is not true law and should not be obeyed o Legal Positivism 1 There can be no higher law than a nation's positive law 2 Human rights exits solely because of laws o Legal Realism 1 Law consists of more than statues and common law, social and economic realities must be considered. o Administrative Agencies 1 Rule making is created by the federal government 2 Informal and Formal Rule making have three basic steps i Notice of the proposed rulemaking ii A comment period iii The final rule o Agency Powers 1 Legislative/Substantive Rule - carries the same weight as a congressionally enacted statue 2 Interpretive Rule - Interprets ambiguous statutory terms, it does not create a legal cause of action 3 Procedural Rule - does not create legal cause of action. Sets rules to control the internal operations for the agency o Due Process for Adjudicatory Hearings 1 Give testimony 2 Present Evidence 3 Cross-examine witnesses


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