[MANAGMNT 260] - Midterm Exam Guide - Comprehensive Notes for the exam (17 pages long!)

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UMASS-Amherst
MANAGMNT 260
MIDTERM EXAM
STUDY GUIDE
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Management Lecture #1-#11 (Sources of Law)
Fraud triangle
Pressure (from boss or yourself)
Opportunity (Get info/ lack of oversight)
Rationalization (Everybody is doing it)
Property
Copyright does not protect the idea but the particular expression of general ideas.
Law
-Law is enforceable
-Law is what the sovereign says it is but it has its limits
Ex. Curfew nobody could go out after 8pm or face imprisonment
Positivist
o Beliee that the la is the la ee if ou do’t like it ou ust ok ithi the
system to change it.
Natural Law
o Theorist would argue that law has to abide by certain ethical standards
o Immoral/ Unethical laws are not really the law
o If a la is ot folloed eause so a people do’t like it the it loses its alue
as a law
Sources of Laws:
The US constitution (the highest)
Federal System
o Legislature passes statues or codes: Congress (House of Representatives and the
Senate)
State System
o State constitution
(have to conform to the Federal Constitution-States can grant greater
constitutional rights but not fewer constitutional rights)
John Adams was instrumental in creating Massachusetts
o Legislature:
The Great and General Court (House and a Senate)
o Local governments (County, Municipality)
Management Lecture #2
Federalism:
Federal Authority-only, State Authority- only, Concurrent Authority- both
Source of Law:
Legislative Brach
o Federal level: HOR and the Senate (Congress)
o Sate level
Laws passed by legislatures are called statues or codes.
o Laws passed by legislatures are given special deference. Because the legislature
is democratically elected.
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Judiciary/ Courts
o Federal Courts
SCOTUS
The United States Court of Appeals for various circuits
If 1st circuit made a decision the 9th circuit does not have to abide
by it.
o The United States federal district court. This is known as the court of original
jurisdiction, aka the trail court
Decisions made by the appellate court form precedent. Stare Decisis is an
important concept in our court system.
o State courts in Massachusetts
Supreme Court (SJC)
Massachusetts Courts of Appeals/ Massachusetts Appeal Court
Superior Court or the District Court (or some other specialty court). These
are the trial courts.
o Words for laws enacted by judges:
Precedent
Case Law
Common Law
Judge-Made Law
Judicial Decision
o For judges to decide a case, there must be a case or controversy. Judges can only
interpret the law in the course of resolving a conflict.
Administrative Agencies at the Federal/ State level
o Limits on Agency Authority: Have to operate within their area of authority and
their regulations must conform to statues.
o Agencies have all three governmental powers: They pass rules and regulations,
they enforce rules and regulations, they enforce rules and regulations, and they
are the first adjudicators of a dispute.
Executive Branch (President)
At state level, the governor
o Executive Orders
o The process of enforcement can also have significant impact on law.
Counties and Municipalities (Cities and Towns) pass laws.
o Typically called ordinances
Referendums (Direct Proposals for laws voted on directly by the citizen)
o Courts do have the right to throw out the referendums if they find them
unconstitutional
Courts make decisions by:
o Interpreting statues
o Interpreting past cases
o Interpreting the constitutions
o Decided cases at first impression
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