MGMT 211 CH 1

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Anonymous
ID:
191246
Filename:
MGMT 211 CH 1
Updated:
2013-01-03 11:17:26
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MGMT 211
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MGMT 211 CH 1
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  1. Interpretation of Statutes and Review of Agency Decisions
    • Courts Interpret Statutes
    •      Usually follows Congressional intent
    •      But, not bound by congressional intent
    • Judiciary also reviews Agency decisions
  2. Judicial Review
    • Marbury v. Madison - Supreme Court assumed the power of judicial review
    • Judicial review is the power of the courts to declare an act of Congress or the President unconstitutionality
    • There is a strong presumption of Constitutionality
    • Can be over rulled by constitutional amendment
    •      Rare
    •      Example - Texas v. Johnson-Resulting flag burning controversy
  3. Administrative Agencies
    • National Law will be primary concern in this class
    • State Law - vast majority of litigation
    • Business Regulation
  4. State Law - vast majority of litigation
    • State Court System
    •      Vary greatly from State to State
    •      Handle bulk of judicial work
    • State Statutory and Administrative Laws
    •      Each State has own consitution, Legislature and Courts
    •      Police Powers are reserved to the States
  5. Police Powers are reserved to the States
    • Tenth Amendment
    • State has right to restrain personal freedom & property rights for public safety
    • Sometimes delegated to local gevernments by states
  6. Business Regulation
    • Part of Police Powers
    • Not supposed to interfere with interstate commerce
  7. Classification of Law
    • Federal & State Law
    • Private & Public Law
    • Civil & Criminal Law
    • Substantive & Procedural Law
  8. Federal & State Law
    • Federal Law includes:
    • State Law includes:
    • State Law varies from state to state
    • State can be testing ground for new National Laws
    • State Law is getting more uniform
  9. Federal Law
    • Law from:
    •      Constitution
    •      Congress
    •      President
    •      Regulatory Agencies
  10. State Law
    • Law from:
    •      Municipal ordinances
    •      State legislators
    •      State regulatory agencies
    •      Sometimes county government
  11. Private & Public Law
    • Public - gov is involved
    • Private - between individual's; gov not involved
  12. Civil & Criminal Law
    • Criminal Law:
    • Civil Law:
    • Same facts can give rise to both civil and criminal case
    • Businesses are usually involved in civil law
  13. Criminal Law
    • Designed to protect society from activites that upset social order by preventing crime
    • Purpose is to punish criminals
    • Exclusively Statutory Law
  14. Civil Law
    • Designed to compensate individuals for wrongs suffered
    • Purpose is reimbursement
    • Common law or statutory law
  15. Substantive Law
    • Defines rights and duties
    • Meat of the law
  16. Procedural Law
    • Defines the procedural means to enforce rights established by substantive law
    • "how to" of the law

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