Session 6 - Study Guide for Exam 1

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Study Guide for Exam 1

The test will be approximately 35 MC. No essay or short answers and no T/F questions. If I were a student I would start one week before the exam with my studies. I would then study one chapter a day until test day.

I would study my class notes first. I test you on what I think is important and I lecture on what I believe is important.

However, anything in the book is fair game for the exam. Therefore, I would encourage you to review the key concepts and terms in the book in case I missed something in class or you missed me mentioned a certain topic in class.

Therefore, after review my PPT and class notes, I would study my vocab and concepts from the textbook reading.

The third thing I would do is take the practice exams in BB. These practice exams will help you determine what questions will be like on the exam itself. The practice exams might also inform you of areas in which your comprehension is lacking. The practice exams will have some overlap with the actual exam. However, there will be topics on the actual exam that are not on the practice exam. Therefore, study your notes and your vocabulary from the book. The practice exams tell you what you don’t know on a limited number of topics NOT what you do know

regarding all the topics.

In addition to class notes and the practice exams, there are also questions at the end of your chapter which you can answer for practice. If you complete these questions, you can come to my office and I will check them. I have also created practice quizzes in Blackboard.

This is a study guide. It is meant as a study tool. Students are responsible for all assigned reading as well as all matters discussed in class. The study guides lists major areas of focus and does not detail every legal issue found in the text.

Simply knowing what is listed on the study guide will not guarantee a student knows everything that may be necessary for the exam. Here are the important topics from each chapter (this is not an all-inclusive list but a starting point):

Chapter 1

International law

Sources of US Law o Federal

 Constitution

 Statutes

 Regulations

 Common law o State

 Constitutions

 Statutes

 Regulations

 Common law o City or County law

 Ordinances

Who makes the law? o President? o Congress? o Agencies? o Judges?

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Classification of law. Examples: statutory law, common law, civil law, criminal law,, cyber law, substantive law and procedural law

Common law o Precedent o stare decisis

Terminology in regards to court cases: plaintiff, defendant, appellant, appellee

Majority opinion, dissenting opinion, concurring opinion

Types of remedies: remedies at law and equitable remedies

Profit Maximization

Moral Minimum

Duty based vs. outcome based ethics

Religious Principles o Golden Rule

Utilitarianism

Kantian ethics

Rossian Ethics

Stakeholder approach

Coase Theorem

Corporate Social Responsibility o Tone at the top

Maximum vs Optimal Profits

Internal Controls

Chapter 2

Marbury v. Madison o Review all cases in the chapter to review the holding of each case (why it is relevant).

Personal jurisdiction vs In rem jurisdiction

Components of personal jurisdiction o Where defendant resides o Where defendant is found and properly served o Where defendant consent s to jurisdiction o Long arm statutes and minimum contacts

Jurisdiction over corporations

Sliding Scale for determining minimum contacts

Venue

Subject matter jurisdiction o Examples of limited jurisdiction o Examples of concurrent jurisdiction o Examples of times federal courts have exclusive jurisdiction

Federal Jurisdiction o Diversity Jurisdiction vs subject matter jurisdiction involving federal questions

Structure of Federal court system as well as Iowa State Court System

Standing

Types of attorney’s fees and settlement considerations

You need to have a general familiarity with the steps in a court case and what the different documents and motions are. For example, what is a summons? What is a complaint? What is a motion for judgment on the pleadings? Also, be familiar with post-trial motions and appeals.

Voir Dire

Objections to Evidence o Hearsay

Satisfaction and Levy

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ADR forms o Know the key differences between the forms (arbitration vs mediation vs negotiation) o Understand the basic process for arbitration o When can an arbitrator’s award be appealed? o When can a party file a lawsuit in court even though the party agreed in a contractual provision such as an employment contract that they will submit their dispute to an arbitrator?

Chapter 3

Review your class examples!!!

I would also be familiar with the basic holding of each case listed in the chapter. Ask yourself, what

Constitutional provision was at issue here? How did the court enforce the Constitutional provision ?

Review the levels of scrutiny. These are important for the exam.

I have listed the Constitutional provisions in order of importance. Each area is eligible for a test question but the higher the provision is on the list the higher the probability of a question or possible two questions o Commerce Clause and Police Power

 Dormant Commerce Clause

 Wickard v. Filburn

 Gibbons v. Ogden o Commercial Free Speech

 Central Hudson case

 Obscene speech o Freedom of Religion: Establishment Clause and Free Exercise Clause

 Reasonable accommodations o Individual Free Speech o 14 th Amendment Equal Protection

 Levels of scrutiny o Supremacy Clause o Search and Seizure (4 th amendment)

 Probable cause o Taxing and Spending Powers o Privileges and Immunities Clause o 5 th Amendment rights o Full Faith and Credit o 2 nd Amendment rights

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