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Test Summary

Test Summary. MindTap on D2L for sample questions 8 sample questions on my website. Helpful Information. Test covers chapters 1, 2, 3, 4 & 5 Multiple choice questions – one short answer at the end Not designed to trick – but read carefully – read all answers – choose best answer

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Test Summary

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  1. Test Summary MindTap on D2L for sample questions 8 sample questions on my website

  2. Helpful Information • Test covers chapters 1, 2, 3, 4 & 5 • Multiple choice questions – one short answer at the end • Not designed to trick – but read carefully – read all answers – choose best answer • Know key terms – be able to apply them to facts • All of the above/none of the above • No penalty for guessing • Work fast and steady – will allow a few extra minutes at the end and come early if you can

  3. Review chapter 1 • What is the common law tradition? • Legal Positivism • Legal Realism • Natural Law • Historical School • What is a precedent (stare decisis)? When might a court depart from precedent? • Hierarchy of laws and Definitions • Constitution • Statutory Laws • Common Law • Administrative Law • Interplay of Federal v. State Laws – Force of Federal Regulations

  4. Review chapter 1 continued • Court Rulings – Supreme Court Opinions • Judicial Review – why important – how it works • Constitutional review versus law interpretation – why different? • When do courts get to decide? • When does Congress get to decide (legislators?) • How can you change a law you don’t like – does it matter if the law is unconstitutional or simply a court interpretation? • Definitions • Common law/case law • Statutory law • Administrative law Some harder questions here. Understand who interprets laws (administrative agencies, presidents, people, but ULTIMATELY - courts), how judges are hired (appointed for federal courts), how laws are passed (congress/signed by President), and how to fight laws you don’t like.

  5. Review Ethics • Difference between illegal and unethical • Origins of ethics • Duty Based – Religion – is motive relevant? • Rights Based-- Individuals • Outcome Based – Utilitarianism • Corporate Responsibility – partial framework for making ethical decisions • Shareholders • Employees • Society • Community • Consumers • Ethical Decision Making Framework • Review ethical questions with others

  6. Costco lawsuit in St. Cloud claiming city sold land for less than fair market value? What legal issue does this raise? Review Courts • Pleadings • Complaint, answer, motion to dismiss, summary judgment, cross claim, new trial, judgment nov, service, etc. • July Selection – Preemptive Challenges/Remove for Cause • Jurisdiction • Federal • State • Venue • Standing • Trial/Litigation • Discovery (depositions, interrogatories, document requests) – no to work product – attorney/client privilege • Jury Selection • Direct Examination/Cross Examination • Appeals • Writ of Cert to US Supreme Court – • Appeal issues of law – not fact • Role of the attorney, judge, jury

  7. Arbitration—binding Mediation—3rd Party involved, less procedures Negotiation – two sides talk Arbitration Act (binding) Compel (or force) people to arbitrate if they agreed to do so Arbitration Set Aside Corrupt Bias Exceeded Powers Not erroneous facts or law Review Alternative Dispute Resolution

  8. Review Chapter 5 • Commerce Clause • Free Speech • Political Speech • Generally Protected (Obscenity, Call to Riot, Yelling Fire in Crowded Theater…), • Commercial Speech • Central Hudson Test • Preemption/Supremacy Clause

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