MGMT 201 Study Guide for Second Exam Note regarding legal cases I will not ask specific questions about the cases in the chapters but you should understand the reasons for the courts decisions Chapter 3 The Resolution of Private Disputes General understanding of the U S state and federal court systems o US has a federal court system and each state has a court system o Court is established by government to hear and decide matters before it and redress past or present future wrongs o Jurisdiction Power to hear and speak may be original trial or appellate reviews trial court Court needs power to hear cases which jurisdiction give them o Federal court hierarchy top to bottom Court of Appeals Appellate jurisdiction US Supreme court appellate jurisdiction final review and decision District Courts trial courts original jurisdiction or Statutory courts original limited jurisdiction such as Tax Court Court of International Trade Court of Federal Claims o State Courts top to bottom State Supreme Court final appellate State Civil or Criminal Court of Appeals District Courts trial courts for civil matters over a certain and Criminal Court County Courts civil trial courts for maters under a certain Justice of the Peace Courts small claims and misdemeanor courts Limited jurisdiction courts Family traffic o General VS Limited Jurisdiction General jurisdiction courts trail courts hear most types of cases ex County courts Levels generally classified according to dollar amount of damages of location Limited jurisdiction courts hear specific types of cases appeals from decisions ex Traffic State and federal court jurisdiction o Subject matter jurisdiction Refers to a courts authority to hear a particular type of dispute Courts of criminal jurisdiction hear trials of crimes and misdemeanors offenses against public Courts of civil jurisdiction hear issues concerning private rights and duties contract torts o In personam and in rem jurisdiction In personam requires the defendant be a resident of located within or have committed acts with the physical boundaries of courts authority In rem applies when property that is the subject of the dispute is located w in physical boundaries of the courts authority Ex Dispute over house sale o Diversity jurisdiction Exists when dispute is between citizens of different states and amount in question exceeds 75000 o Federal question jurisdiction Exists when the dispute arises under the Constitution laws or treaties of the US o Concurrent jurisdiction Both federal and state courts have jurisdiction Removal if concurrent jurisdiction exists and the plaintiff opts for a state court the defendant has the option to remove the case to a federal district court General understanding of civil procedure o Standard of proof may shift to the defendant o Summons Plaintiff bears the burden of proof to prove his her case by a preponderance of the evidence Once the plaintiff has made a prima facie case proved the basic case the burden of proof Once complaint filed by plaintiff the sheriff serves process writs notice summons on defendant o Pleadings o Motion to dismiss o Discovery Can ask judge to decide result before trial also called motion to demurrer Obtaining evidence from other party through interrogations requests for admissions documents and depositions o Trial don t worry about trial motions Jury selection opening statement plaintiff case through direct examination of witness defendants case through examination closing arguments summation of each party verdict o Appeal o Enforcing a judgment Alternative dispute resolution After decision the losing party may appeal to a higher court After a judgment winning party must have the judgment executed o Settlement important means of avoiding expense litigation o Arbitration dispute settled by one or more arbitrators selected by the parties to a dispute o Disputes with government often resolved by the relevant administrative agency Chapter 4 Crimes Nature of crimes o Public wrongs acts prohibited by the state or federal government o Felonies serious crimes such as murder sexual assault arson etc o Misdemeanor lesser offense such as disorderedly conduct or battery resulting in minor harm o Traffic violations can be either misdemeanor or infractions Constitutional limitations on power to criminalize behavior o Cant punish something that happened before a law was enacted post facto o Right or privacy freedom of speech are protected under 1st amendment o Due process claims of the 4th 5th amendment define specifically the type of material behavior to enforce the law o Constitutional prevents cruel and unusual punishment o Proof beyond reasonable doubt presumption of innocence and must prove beyond reasonable doubt Defendant s criminal intent and capacity o Intoxication o Infancy less than 14 o Insanity General understanding of criminal procedure o Booking is an administrative procedure for recording the suspect s arrest o Initial appearance when magistrate informs the accused of the charges and outlines the accused constitutional rights o Preliminary hearing additional procedural step prosecutor must introduce enough evidence at this hearing to persuade magistrate probable cause o Need grand jury usually to approve a decision on a felony o Can be charged on information formal charge or indictment o Arraignment is next step brought before court to plea Role of Constitutional safeguards o Bill of Rights first 10 amendment to the Constitution o The Fourth Amendment o Protects against unreasonable and arbitrary searches and seizures o Interpreted by supreme court to protect a reasonable expectations of privacy o Warrantless searches are illegal o Can use narcotic sniffing dogs in a public place to investigate luggage o Enhanced aerial photography of a facility White collar crimes and dilemmas of corporate control o Corporate criminal liability today A business organization may be liable for criminal offenses committed by employees who acted within the scope of their employment and for the benefit of the corporation o Individual liability for corporate crime o New directions Important white collar crimes Regulatory offenses violating Clean Water Act Fraudulent Acts false claims fraudulent concealment wire fraud Sarbanes Oxley Act Violations knowingly altering documents or business records Bribery Illegal Acts violating Foreign Corrupt Procedures Act Chapter 5 Negligence Elements of a negligence claim o Defendant owed a duty or care to