MGT 340 Exam 1 Outline - Notes for exam one PDF

Preview

Summary

Notes for exam one...

Description

MGT 340 Exam 1 Outline Chapter 1  Intro o Law 





a system of limitations on our actions imposed by the government o Purposes of Law  Maintain Order  Promote Equality/Promote Fairness  Ex) Federal Civil Rights Act  Need to promote in workplace as well  Equality with competition- monopolies/oligopolies, antitrust laws  Resolve Conflict  Courts, etc  Arbitration and Mediation o Characteristics of Law  Flexibility  Situational  We evolve and develop as a society  Consistency  Uphold equality Law In Business o General Importance  Hiring practices/basic awareness, etc  When do you need an attorney? o Role of Counsel  In-House General  Attorney who is an employee of the business, only with that one company, on staff  Not all organizations have in-house. Why? Expensive and need-based  Corporate Counsel  Attorney works for firm, must pay for their services o Theory  Market Corrects  Time lapse  Self Regulation  Companies don’t always take action  We interpret ethics super broadly  Government Regulation Sources of Law o Primary  Constitution  Federal/US



o Law from which all other laws flow  Sates o Specific to states, parallels federal constitution  3 Branches o Executive- enforces laws o Legislative- makes laws o Judicial- interprets laws  Statues  Types o Federal- US code, from Federal Congress o States- KRS (KY Revised Statues) o Ordinances- City level ex) smoking bans, noise complaints, etc  Case Law  Biggest source of law, precedents, appellate courts, interpret provisions of constitution  Executive Orders  Administrative Regulations Categories of Law o Criminal v. Civil  Criminal  Define Crime o Wrongs committed against society  Burden of Proof o Lies with the plaintiff, government has burden of proof o Beyond reasonable doubt o The ideas behind burden of proof: it is up to the government to prove who is guilty based on who they call to witness/providing proof, etc  Types of Crime- (1&2 prosecuted by county attorney) o Violations- punishment is usually fines ($) o Misdemeanors- punishable by up to 12 months in jail o Felonies- punishable by a year or more  Prosecuted by commonwealth attorney  Class A-D felonies o Treason  Civil  Remedy o Usually after $- medical, lost wages, etc o But money doesn’t always fix the problem  Burden of Proof o Preponderance of the Evidence

 Plaintiff brings the cases/files the lawsuit  Government does not prosecute, you do o Substantive v. Procedural  Substantive- tells us what we can & cannot do, defines our rights  Procedural-methods of enforcing our substantive rights o Public v. Private  Public- legal relationship between government and its citizens  Private- legal relationship between individuals (people, companies, etc) Chapter 2: Constitution  Intro o History  Constitution  Government for the people by the people  Free from overly intrusive government  Structure & Purpose o Roles of Constitution (3)  Structure of Federal Government  3 branches with checks & balances  Coexistence between Fed & State  Procedural Protections  Individual rights and freedoms o The Preamble (MEMORIZE PREAMBLE)  Our goals  We the people, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare and secure the blessings of liberty to ourselves and prosperity, do ordain and establish this Constitution for the United States of America.  School House Rock song: https://www.youtube.com/watch? v=yHp7sMqPL0g



o Protection  Constitution protects us from the government o Checks and Balances  Power spread throughout the branches 1st part- the 7 articles o Article 1  Legislative Branch (creates law)  Congress  House of Representatives – elected, 2 year term, # of reps depends on population of state  Senate- elected, 6 year term, 2 per state  Specific Powers  Congress has around 18 specific powers o Article 2

Executive Branch (enforcing laws) President & Vice President  Elected, 4 year term, electoral vote o Article 3  Judicial Branch (interpreting law)  US Supreme Court  Appointed, technically for life o Article 4  Full Faith & Credit Clause  States need to respect & uphold the laws and judicial decisions of other states  Privileges & Immunities Clause  Citizens of other states are treated the same of your own state o Article 5  How to amend the Constitution o Article 6  Supremacy Clause  Fed constitution is the supreme law of the land (and all federal law)  National Debt o Article 7  Ratification in 1788 Commercial Regulation o Commerce  Define: include channels of commerce, instrumentalities of commerce (shipping containers, etc) and includes people involved in making & moving the goods o Types  Interstate- commercial activity occurring across state lines  Intrastate- commerce activity within one state o Regulation  Federal Government  Commerce Clause (Article 1, Sect 8)  Broad Power  State Government  Police power (an inherent power, left to the states) o A state’s ability to regulate its people and property within its jurisdiction to promote the public health, safety and welfare of its people  





The 2nd Part- Amendments o Amendments- 27  Protections  Limitations- not 100%, not absolute

o The First Amendment  Religion  Establishment Clause- separation of church and state  Free Exercise Clause- government can’t interfere with how we worship  Speech  Individual o Content- government cannot regulate o Context- government can regulate  Commercial Speech o Protected as individual rights  Political Speech (corporate) o Full first amendment protection o 2nd Amendment  Right to bear arms o 5th Amendment  Due process clause  Will not be deprived of life, liberty of property without due process  Power of imminent domain (Takings clause)  Physical taking- requires compensation  Regulatory taking- do not receive compensation o 10th Amendment  Powers not granted to United States were reserved for the States o 14th Amendment  Application  Due Process  Procedural o Notice- we have been told about it o Hearing- have the right to challenge it  Substantive- right to be free of laws that infringe on basic liberties  Equal Protection Law- not to make treatment differently o Privacy  Ex) HIPA laws (medical) & FERPA (educational) Chapter 3 – Court  Intro o Court System  Federal- applies throughout country  State- we have 50 court systems (1 per state), all a little different o Primary Roles  Adjudicate disputes  Courts that adjudicate disputes interpret and apply law with equity to settle legal dispute/controversy  Judicial Review







Types of courts o Trial Courts  Presentation of Evidence  Witness, juries, etc  1st decision  guilty or not guilty o Appellate Courts- responsible for judicial review, no juries/trials  Review Process  Case Law  If they publish their findings, it becomes case law. Sets precedent  Most of the time there are 3 judges Parties in the Judicial System o Plaintiff (Petitioner) o Defendant (Respondent) o Jury – interprets the facts o Judge- interprets the law o Attorney KY Court System (ALL judges in KY are elected officials) o KY District Court – trial court with limited jurisdictions (County Attorney)  Traffic  Criminal  Misdemeanors & violations. NOT felonies  Civil Division ($2,500)  Probate Court (wills)  Forcible Detainers (rent, etc)  Domestic Violence  Juvenile (status offenders)  Dependency, Neglect & Abuse o KY Circuit Court (crimes prosecuted by commonwealth attorney)  Criminal  Felonies  Civil (> $5,000)  Family  Divorces, TPRs, adoption, custody  District Court Appeals/ Administrative Appeals o KY Family Court  Domestic Violence, Juvenile, Dependency/Neglect/Abuse  Bench Trial o KY Court of Appeals (Appellate Court)  Review process  14 judges; preside over cases in groups of 3 o KY Supreme Court (Appellate Court)







 Review Process  7 justices- 1 from each KY region Federal Court (serve for life) o US District Court (Trial Court) o Specialty Court (Trial Court)  Created by Congress, limited jurisdiction  Ex) Tax court, bankruptcy court o US Court of Appeals  11 judicial circuits + Washington DC, specific circuits  KY in 6th circuit o US Supreme Court  9 justices  Cases of major constitutional issues  Cases come from state supreme courts/US court of appeals Jurisdiction (Fed/State court must have BOTH types of jurisdiction: Subject matter and Personal) o Subject Matter  Define: jurisdiction over the matter/issue/dispute. Law tells us if they do  Federal Courts (How to get there)  Federal Question- under Fed legislation/regulation/constitution  US is a party in the case  Diversity Jurisdiction (the AND requirement) o 1. Citizens from different states o 2. > $75,000  Concurrent Jurisdiction  Must pick one: Fed or State  Exclusive Jurisdiction  One court & one court only o Ex) if the US is a party in the case, must file Fed o Personal (Over the parties)  Consent  Physically present in a jurisdiction  Long Arm Statute  If a person from other state is not present, other state helps home court get jurisdiction Venue o Define: geographic location in which to hear the case  Where the crimes occurred/where the property is o Trial court judge makes the decision...