ADMS 2610- Final Exam Guide - Comprehensive Notes for the exam ( 34 pages long!)

323 views34 pages

eringiraffe320

29 Mar 2018

School

York University

Department

Administrative Studies

Course

ADMS 2610

Professor

Jack Furman

For unlimited access to Study Guides, a Grade+ subscription is required.

Document Summary

Adms 2610- section p: action: this term is commonly used for law suit. And who ever is in charge will come up with something that will be beneficial. Jurisdiction in law is the part of the law that you (or the person) is in charge of. And hence in law, there are different jurisdiction. We can say that the federal government has exclusive jurisdiction over criminal law, and the provincial to property and civil rights. Concurrent jurisdiction is where both have power and say in. Hence, they can work together to create an adjustable law, to cover the gap. A contract may be defined as an agreement made between two or more persons that is enforceable at law. It is not something tangible (although it may be in a form of a paper), it is a legal concept. Elements of a valid contract: an intention to create a legal relationship, offer, acceptance, consideration, capacity to contract, legality.

Related Questions

Question 1

You are president of ACME Enterprises. Every year you have to pay a federally imposed fee for your business. This statute arises from a statute that was previously passed by the United States Congress. Being very "anti-tax" you decide one year that you are tired of paying the fee and that you want to get the fee eliminated. However, you do believe that the fee is constitutional. Which branch of government could pass a law which could eliminate this fee for you?

Judicial B. Legislative C. Executive D. Municipal

Question 2

Which of the following statements is not true?

Bob, a resident of New Jersey, sues Ed, a resident of Florida, for $100,000 over a real estate deal. Bob must bring his suit in a Florida court. B. The conflict of laws may guide a federal court in deciding which state's laws to apply in a case. C. Federal courts have exclusive jurisdiction over bankruptcy cases. D. You are not required to be represented by an attorney in small claims court

Question 3

You were convicted of the federal crime of possession of cocaine with intent to distribute across interstate lines. Your case was tried in the United States District Court for the Southern District of West Virginia. Now, you wish to appeal your case to get your conviction overturned. To which body should you first appeal your case?

United States Supreme Court B. 4^th Circuit Court of Appeals. C. United States Magistrate Court D WV Supreme Court

Question 4

Venue concerns:

Whether a federal court has jurisdiction B. The most appropriate court for the action to be brought within a particular state or federal jurisdiction C. Whether a state court has jurisdiction. Whether a defendant has properly served with process

Question 5

The decision of a state court can never be appealed to the U.S. Supreme Court.

True or False

Question Six

A rule of law enabling the defendant to win even if all of plaintiffâs allegations are true is a

Counterclaim B. Deposition C. Judgement N.O.V. D. Affirmative Defense

Question 7

Johnson is a creditor of Barnes. Johnson wants to file a petition to have Barnes declared bankrupt. Which of the following statements is true?

Johnson can file his petition in either state or federal court B. Johnson should file his petition in US. District court C. Only a federal bankruptcy can hear a bankruptcy case D. bankruptcy cases can be heard in federal tax court

Question 8

Which of the following is a type of alternative dispute resolution that is binding on the parties?

Mediation B. Non-binding arbitration C. Binding arbitration D. Summary jury trial

Question 9

A writ of certiorari is the most common way to appeal a case to the Supreme Court.

True Or False

Question 10

A written record of the entire trial proceedings including the testimony of all the witnesses and any discussions between the judge and the attorneys is called a:

Treatise B. Citation C. Brief D. Transcript

Question 11

Which of the following Alternative Dispute Resolution processes can result in a decision that, under most circumstances, can't be appealed to another organization?

Binding Arbitration B. Non-binding Arbitration C. Mediation D. Mini-trial E. A & C F. None of the above

Question 12

The decision of a mediator is binding upon the parties.

True or False

Question 13 A new claim stating that plaintiff owes defendant damages because of harm resulting from the incident alleged in the complaint is a(n):

Affirmative defense B. Cross-claim C. Counterclaim D. Dissenting opinion

Question 14

Federal question jurisdiction:

A type of jurisdiction possessed by state trial courts B. Is the most common form of U.S. supreme court jurisdiction C. requires that the amount in controversy be at least $10,000 D. is jurisdiction over questions arising under federal laws, treaties, and in the U.S. constitution

Question 15

The primary way a case can be appealed to the West Virginia Supreme Court is through filing a document referred to as a:

Writ of certiorari B. writ of habeas corpus C. writ of quo warranto D. writ of mamdamus

Question 16

Which of the following is NOT true of the appellate procedure?

The appellate court hears witnesses and fathers new evidence B. A transcript of the trial must be sent to the appeals court C. The appealing party must show that material errors occurred in the trial D. The appeals court may reverse and remand the decision

Question 17

If P sues D, and D wants to allege that P's own negligence caused her injury, D should allege this in:

The complaint B. The answer C. The reply D. The counterclaim

Question 18

Uncle Jesse wants to sue Cletus Hogg (Uncle Jesse's neighbor) for trespassing on Uncle Jesse's land and for causing $50,000 worth of damage to Uncle Jesse's land. Both Uncle Jesse and Cletus live in Jackson County, West Virginia. Uncle Jesse comes to the law office you work for and your supervising attorney concludes that Uncle Jesse's case can take place in state court in West Virginia. What court should your law firm file the complaint in?

Jackson county superior court B. Jackson county circuit court of appeals C. United states district court in the southern district of WV D. Jackson county circuit court E. 4^th court of appeals

Question 19

Cases heard in the federal courts must involve either a federal question or situations in which there is diversity of citizenship between the parties.

True or False

Question 20

In the American legal system, a judge cannot overturn a jury verdict.

True or False

Question 21

A U.S. Court of Appeals is empowered to:

Hear witnesses and determine facts B. Hear only patent, copyright, and trademark appeals C. Review legal conclusions reached by lower federal courts and administrative agencies D. Make findings of fact

Question 22

A mini-trial is conducted under the supervision of the court.

True or False

Question 23

Eve attempts suicide by locking herself inside the trunk of her car. Someone discovers Eve after several days. She is still alive. Eve sues the manufacturer of her car for a large amount of money because it did not provide for a latch inside the trunk. Which of the following may be the first step that the car manufacturer would want to make in this case?

Make a motion to dismiss the case B. Make a motion for a directed verdict C. Make a motion of judgement n.o.v D. Take the case to small claims court

Question 24

Which of the following is NOT true of trials?

Preponderance of evidence is the standard used in civil trials B. proof beyond a reasonable doubt is the standard used in criminal trials C. The state can make a motion for judgement notwithstanding the verdict when the defendant is acquitted in a criminal trial D. a directed verdict may be granted in a civil case if the plaintiffâs evidence is not sufficient to support her allegations

Question 25

You sued your brother in Kanawha County Circuit Court because he hit you with his car in Charleston, West Virginia and caused you to become partially paralyzed on the left side of your body. This civil law case does not involve any federal issues or law; the case is purely a state law case and it involves about $500,000 in damages. The case was tried in a state court in Charleston and your brother lost. Your brother now wants to appeal his case to try to get the jury verdict overturned. To what organization should your brother first try to appeal his case?

United States Supreme Court B. West Virginia Supreme Court C. Kanawha County Circuit Court D. Kanawha County Family Court E. West Virginia Legislature

emeraldpanda983

Comments on this, i need a paragrapgh on comments abaout this...

Abortion keeps being a controversy because both sides of the spectrum have valid points. The side that is prolife it right about abortion being the termination of an organism. Their believe system states that murdering human being is wrong and since an unborn child is still a human child, then by default this should be condemned as a wrong thing. They also say they are helping the woman themselves because abortion can have âthe risk of breast cancer in those who had experienced an induced abortion was 50% higher than among other womenâ however the same study states âthe results across all epidemiologic studies of this premise are inconsistentâboth overall and within specific subgroups. The risk of breast cancer should be re-examinedâ. This means we should not jump in to conclusion because more studies need to be done before accepting something as fact. The side for pro-choice states that a woman should have the choice to make her own decision no matter if it is a good or bad decision. A decision that will change her live completely and most of the time make it harder for a woman to get ahead in life.

I am pro-choice, not because I like terminating live, I am actually pro-live of any type of organisms not just humans, but because woman who phase this problem should have their reason or really are not prepare to have a baby in a modern society, and as Mack T Brown said âThe value of a self-represented future resides within the person herself, as a feature of a richly complex mental life". Both sides of the argument go to the extreme to explain their case pro-choice and give the example of a raped woman. Pro-live give the example of that a baby is always a good thing. Both acceptable, however most woman are not in this spectrums, an example that is more relevant is a woman who does not have the emotionally and or financial maturity to make the choice that is to have a child. Physically a girl is ready to have a child when her menstrual cycle begins that is usually around 13. Most people would agree that a girl of that age will not have any type of maturity to take care of even herself less a child. Letâs not go far letâs say a girl of eighteen years old getting out of high school, she may have a rare emotional maturity at that age to have the child but in todayâs society impossible without any help from family members to take care of that child. How many hours will she work? How will she take care of the child? How will she go to school to better herself for the future to come? These girls that are asking themselves if they should have an abortion is not because it is something they would like to do, it is a hard decision to postpone taking that live changing decision before they are ready to do it and not be a burden in society.

The current abortion law is strict, so abuse of the law will be very hard to do. In the third trimester a woman would need 2 signatures of two physicians to be able to do an abortion. I personally think that this is great this way we can assure that there is no negligence from any party. The part of the law I do not agree with is that the law says that if during the abortion the baby is born alive they need to offer emergency services. This defeats the purpose of an abortion that as harsh as it sounds it is to terminate the pregnancy cycle before time.

The year is 2020. Youjust got your dream job as a stock broker on Wall Street. They gaveyou a nice signing bonus and you are making a lot of money. Youalso have the opportunity to make a large year-end bonus if youmeet your sales quota. But your Boss has a reputation for firingnew employees that donât reach those sales goals. Timing could nothave been better because your student loans are thru the roof andyour parents were just threatening to kick you out of the basement.You buy yourself a couple new suits, rent your apartment inManhattan and show up 30 minutes early to work ready to start yourcareer.

Your Boss, Mr. Moneybags, has you start cold calling people to get them to buy stock inTEXLA corporation. He says that TEXLA is a great new company thatis working on a new drug that might cure cancer. He failed to tellyou that the President of Texla is his brother-in-law. You startmaking sales calls and find out that the easiest people to convinceto buy the stock are senior citizens.

The first year youmake reach your sales quota and receive a 1 Million Dollars bonuswhich you immediately invest in TEXLA stock because it has beendoing so well. You also invested all of your parentâs retirementsavings in TEXLA. Later that year you accidentlyreceive an email that was addressed to Mr. Moneybags from hisbrother-in-law the President of TEXLA which informed him that thetesting shows their new drug actually makes cancer worse. You arethe only one who has this information and know that once thisinformation hits the internet the value of the stock will drop toZERO but no one will ever find out that you have this insideinformation. You also remembered from your awesome business lawclass that it is illegal to use âInside Informationâ to benefityourself or your clients.

Your Boss will losehis investment, you will lose your investment, your parentâsretirement savings will be lost along with all of those seniorcitizens that listened to your advice.

You only have an hourbefore the news will hit the press which means you canât calleveryone. What do you do?????

Identify theethical dilemma(s) in this situation.

REQUIREMENT

Use an ethical decision making model to determine theright course of action to take in thissituation.Use the Business Process Pragmatism as aguide for your answer.

BusinessProcess Pragmatism is :

Step 1
Inquiry

First, the decision maker must understand the problem. This stepinvolves identifying the parties involved (the stakeholders) andcollecting the relevant facts. Once the ethical problem or problemsare clarified, the decision maker lists any relevant legal andethical principles that will guide the decision.
Step 2
Discussion

In this step, the decision maker lists possible actions. Theultimate goals for the decision are determined, and each option isevaluated using the laws and ethical principles listed in Step1.
Step 3
Decision

In this step, those participating in the decision making worktogether to craft a consensus decision or consensus plan of actionfor the corporation.
Step 4
Justification

In this step, the decision maker articulates the reasons for theproposed action or series of actions. Generally, these reasonsshould come from the analysis done in Step 3.

The following case further demonstrates the types of situationsthat can occur when management demonstrates a lack of concern aboutethics.

5. Evaluation

This final step occursonce the decision has been made and implemented. The solutionshould be analyzed to determine if it was effective. The results ofthis evaluation may be used in making future decision

aquamarinezebra969

ADMS 2610- Final Exam Guide - Comprehensive Notes for the exam ( 34 pages long!)

Document Summary

Get access

Related Documents

ADMS 2610 Lecture Notes - Lecture 7: Stamen, Punitive Damages, Rescission

ADMS 2610 Lecture Notes - Lecture 1: Partial Defence, Insider Trading, Credit History

ADMS 2610 Lecture Notes - Concurrent Jurisdiction

Related Questions