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Mizzou HSP_MGMT 1133 - hsp mgmt exam 1 study guide

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Hsp mgmt. 1133 EXAM 1 STUDY GUIDESources of law:1. The Constitution: 3 functions—creates the governmental system, empowers the branches of government that it created, limits the governmental system that has been created2. Statutory Law: normally include “act” in the title; if passed becomes code of a particular jurisdiction (bill, act, code); subordinate to the Constitution3. Administrative Law: regulations adopted by government agencies; monitor safety in the work place; ex. Department of Health and Division of Liquor control4. a court opinion that interprets one of the first three sources is commonly referred to as case law—previous cases 5. Common Law: the oldest source of law in the American legal system; many common law principles have been changed by statutes and administrative regulationsHierarchy of law:^^^Levels of law (fed/st/loc):- Federal: applies in all 50 states- State: applies within individual states- Local: applies within appropriate boundaries- Fed prevails over inconsistent state law, state law prevails over inconsistent local lawJurisdiction of courts (subject matter and personal):- Personal jurisdiction: considers whether a court has power over a given individualo Bensusan Restaurant vs King (Blue Note Example)- Subject matter jurisdiction: considers whether a court has power to resolve a given issueo Limits jurisdiction of federal courts to following circumstances: (1) federal question jurisdiction—cases arising under the Constitution laws or treaties of the United States and (2) diversity of citizenship jurisdiction—cases where no defendant is a citizen of the same state as any plaintiff, where the amount of controversy exceeds $75,000Courts-types of courts-trial and appellate:- Trial: first court to resolve a dispute—has original jurisdictiono Characterized by one judge, a jury if allowed under the particular case,two or more competing sides in a case calling witnesses, presenting evidence, and creating the record of the case; jury or judge make a decision based addressing requested issueso Function: makes initial decision; considers witness testimony and other evidenceo Decision: initial determination on liability or guilt. Usually no extensive written opinion Federal trial court (US District Court): district courts; hear civil and criminal cases involving federal subject matter jurisdiction- Trial court: US District Court- First-Level Appellate Court: Circuit Courts of Appeals- Discretionary Appellate Court: US Supreme Court State-MO (Circuit Court)- Trial court: Circuit Court- First-level Appellate Court: District Courts of Appeals- Discretionary Appellate Court: MO Supreme Court- Appellate: hears appeals, mandatory jurisdiction; the next two tiers under the typical court structureo Characterized by a group of judges, no jury, and no direct involvement by witnesses, etc.o Function: reviews record of trial for errors; no “new” or “live” evidenceo Decision: assesses the magnitude of trial court errors. Usually prepares an opinionThree tiered model(1st: trial court; 2nd appellate; 3rd discretionary appellate court)—Hierarchy of Courts (labeling of courts): (ABOVE)Judicial selection:- Federal judges are appointed by the president and confirmed by the U.S. Senate, once confirmed—life tenure- Relevant state constitution will contain procedures for selection of tenure of state judges—some face mandatory retirement or term limit systems.- MO: (1) election, (2) legislative appointment, (3) gubernatorial appointment, and (4) certain types of nonpartisan selection plansLegal research-primary and secondary sources of law:- Primary sources of law: (constitution, statutes, agency regulations, and court decisions) are available by hard copy in many publicly funded libraries, some on line- Secondary sources of law: (textbooks, legal journals, legal encyclopedias, and case law digests/summaries) background resources—referred to for instructive value and for references they provide to relevant primary sources of lawRole of Precedent in the Court System (stare decisis):Civil case: tort/contract- Who initiates: private party- Remedy: compensation- Unanimous verdict: no- Burden of proof: preponderance of evidenceCriminal case: - Who initiates: government prosecutor- Remedy: punishment- Unanimous verdict: yes- Burden of proof: beyond reasonable doubtCivil cases—12 step model:1. Incident occurs: statute of limitations—time period specified by applicable law that provides a time deadline for filing of claims2. Plaintiff demand: letter written by plaintiff (or attorney) to the defendant3. Filing of suit: there is a cost; must file the claim in a court of competent jurisdiction with the proper venue(county or judicial district); file within time period (statute of limitations); statement of jurisdiction, cause of action, prayer4. Service of process: notify the person who is being sueda. Methodsi. Personal: most common—one person hands off to anotherii. Mail: lawyers don’t like to approach it this way bc people can say they never got itiii. Publication: publish it in a newspaperiv. Internet: new, not every place has this5. Defendant’s response: default judgment if defendant does not respond in given timea. Motion: request for a court order of some type prior to trial; i.e. motion to dismiss, motion to judgment for the pleadings, etc; stop time period from running—valid responseb. Answer: defendant is going in and responding to all the plaintiff’s statements 1 by 1; answering the lawsuitc. Counterclaim: they’re suing the plaintiff for something6. Pretrial discovery: the right of a party to a lawsuit to find out or discover information from the other sidea. Purpose: encouraging a settlementb. Scope: boundaries, relevant information to the case that is not privilegedc. Procedure: exercise right to discovery, seeking discoveryd. Methods and devices: (using McD’s hot coffee case)i. (paper) Interrogatories—written questions to the other side for them to answer about a caseii. (paper) Document Request—request for copies of documents; i.e. memos that hae to do with temperature of coffeeiii. Depositions—verbal questions presented to a witness under oath; allow for follow-up questions, assessment of credibility; downside—more expensive forms of discovery, have to pay a court reporter to take down everythingiv. Medical/Mental exam—can request a separate doctor to evaluate or examine opposing side, i.e. McD’s can have


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