MGT 340 Exam 2

0.0(0)
studied byStudied by 2 people
learnLearn
examPractice Test
spaced repetitionSpaced Repetition
heart puzzleMatch
flashcardsFlashcards
Card Sorting

1/125

flashcard set

Earn XP

Description and Tags

Management

Study Analytics
Name
Mastery
Learn
Test
Matching
Spaced

No study sessions yet.

126 Terms

1
New cards

Civil Trial Process

a dispute resolution process where the parties take advantage of a court system

2
New cards

Prelitigation

before getting involved in a lawsuit, before filing a complaint after the event has happened, informal resolution or draft a demand letter, must consider statute of limitations

3
New cards

Standing to Sue

a legal right to be in court, sufficient enough interest in the outcome of the case to justify being in court, showing proof of damage

4
New cards

Pleading Stage

documents filed by parties with the court in the court record

5
New cards

Complaint

official beginning of involvement in litigation, filed by the plaintiff

6
New cards

Complaint identification

indentify the parties, plaintiffs, and defendants

7
New cards

Statement on Jurisdiction

why the lawsuit was filed in the specific court

8
New cards

Basis of Action

alleged facts, fairly minimum, who, what, where, and when

9
New cards

Prayer for Relief

what you want out of the lawsuit, compensation

10
New cards

Summons

issued by the court clerk, informs the defendant they are being sued, served by constable or sheriff

11
New cards

Answer

filed by the defendant, preserves defenses

12
New cards

Counterclaim

defendant countersues the plaintiff, both parties now have burden of proof

13
New cards

Cross Claim

two named defendants start asserting claims against each other, a separate plead

14
New cards

Third Party Complaint

unnamed party is brought into the lawsuit, separate pleading

15
New cards

Failure to respond to summons

20 days to respond in KY, default judgement against the defendant

16
New cards

Motion

one side asks the court for some form of relief, normally when a judge becomes aware of the lawsuit

17
New cards

Discovery

the exchange of information, primary gathering stage, required

18
New cards

Purpose of discovery

free flow of information if relevant to the case at hand

19
New cards

What are Interrogatories?

Written questions answered under oath.

20
New cards

Who can respond to Interrogatories?

Only parties to a case.

21
New cards

How long do parties have to respond to Interrogatories?

30 days.

22
New cards

What are Request for Documents?

Written requests for relevant documents.

23
New cards

Who can respond to Request for Documents?

Only parties to a case.

24
New cards

How long do parties have to respond to Request for Documents?

30 days.

25
New cards

What are Admissions?

Paper transactions to admit or deny facts.

26
New cards

Who can participate in Admissions?

Only parties to a case.

27
New cards

What are IME's?

Independent medical exams.

28
New cards

Who can require an IME?

The other party.

29
New cards

What are the benefits of discovery?

Preserves testimony, reduces perjury, promotes settlement, defines issues, prevents surprises.

30
New cards

What happens during a Pretrial Conference?

Discovery deadlines are set, trial date is requested.

31
New cards

Who attends a Pretrial Conference?

Counsel of both sides, not the parties.

32
New cards

What is Voir Dire?

Questioning of potential jury members.

33
New cards

What is Strike/Challenge For Cause?

Dismissing a potential juror for bias.

34
New cards

What is Peremptory Strike/Challenge?

Dismissing a potential juror without reason.

35
New cards

What happens during Opening Statements?

Each side declares what they hope to prove.

36
New cards

What is the Burden of Proof in a civil case?

On the plaintiff.

37
New cards

What happens during Closing Statements?

Defendant followed by the plaintiff, limited to trial evidence.

38
New cards

How many jurors are needed for a verdict in a civil case?

9 out of 12.

39
New cards

What is ADR?

Alternative Dispute Resolution.

40
New cards

What is arbitration?

Procedure where a third party makes a binding decision.

41
New cards

What are the advantages of arbitration?

Cost-effective, private, quicker than litigation.

42
New cards

What are the disadvantages of arbitration?

More contentious, not bound by rules of discovery.

43
New cards

What is mediation?

Neutral third party helps parties reach an agreement.

44
New cards

What are the advantages of mediation?

Less costly, easier to preserve relationships.

45
New cards

What are the pros of arbitration?

Cost, time, privacy, preservation of relationships.

46
New cards

What are the cons of arbitration?

No case law created.

47
New cards

Can arbitration be used instead of traditional litigation?

Yes.

48
New cards

What is business ethics?

Awareness of right or wrong in the workplace.

49
New cards

Who are stakeholders?

Those affected by a business's actions.

50
New cards

What are primary stakeholders?

Those directly impacted by a business.

51
New cards

What are secondary stakeholders?

Those indirectly impacted by a business.

52
New cards

Is everything legal ethical?

No.

53
New cards

How does management influence ethical culture?

By valuing whistleblowers and creating an ethical culture.

54
New cards

What are the categories of ethical dilemmas?

False pretense, conflict of interest, hiding/divulging information, taking unfair advantage.

55
New cards

What is the principles-based approach to ethical decision making?

Using established guidelines and principles.

56
New cards

What is the consequences-based approach to ethical decision making?

Focusing on the outcome and choosing the best solution.

57
New cards

What is values management?

Prioritizing moral values and aligning behaviors with them.

58
New cards

What are the advantages of ethical entities?

Stronger teamwork, increased productivity, clarity in operations, stronger public image, better adaptability

59
New cards

What are the traits of ethical entities?

Ethical management, addressing unethical behavior, trainings, thorough hiring process

60
New cards

What is the Blanchard and Peale Model for resolving ethical dilemmas?

Ask if the planned course of action is legal, balanced for stakeholders, and how it makes you feel

61
New cards

What is the Wall Street Journal Model for resolving ethical dilemmas?

Consider if the planned course of action is compliant, its contribution, and the long-term consequences

62
New cards

What is the Front of the Newspaper Test for resolving ethical dilemmas?

Imagine how the planned course of action would be condensed into a news headline

63
New cards

What are some examples of rationalizations?

Everybody else does it, that's the way it's always been done, wait until the lawyers tell us it's wrong, the system is unfair, I was just following orders, it's a grey area

64
New cards

Why is contract law important?

Need assurance that there is a legal system to enforce contracts and provide remedies if the other party breaches the agreement

65
New cards

What is the definition of a contract?

A promise or set of promises enforceable by a court, an agreement recognized and enforced by the law

66
New cards

What are the sources of law for contracts?

Common Law (judge-made law) and Uniform Commercial Code (statutory law)

67
New cards

What is the purpose of the Uniform Commercial Code (UCC)?

To create a uniform and level playing field for buying and selling goods in interstate commerce

68
New cards

What does the UCC govern?

Contracts for the sale of goods (tangible movable things)

69
New cards

What is a hybrid contract?

A contract that involves both goods and services

70
New cards

What is the difference between a written and oral contract?

Written contracts are in written form

71
New cards

What is the Statute of Frauds?

Certain contracts must be in written form to be enforced.

72
New cards

What is the difference between an oral and a written contract?

Both are enforceable if valid.

73
New cards

What is a bilateral contract?

Both parties make promises and perform.

74
New cards

What is a unilateral contract?

One party makes a promise and the other party acts in response.

75
New cards

What is an express contract?

Parties overtly manifest their intent to enter into an agreement.

76
New cards

What is an implied in fact contract?

Contract based on the behavior of the parties.

77
New cards

What is an implied in law contract?

Court treats parties without a contract as if they do.

78
New cards

What is a valid contract?

Meets all necessary requirements and allows for contract remedies.

79
New cards

What is a void contract?

Not a contract at all, missing necessary requirements.

80
New cards

What is an executory contract?

One party is still performing.

81
New cards

What is an executed contract?

All parties have completed performance.

82
New cards

What is a voidable contract?

A contract that can be cancelled or enforced by one party.

83
New cards

What is an unenforceable contract?

Meets all requirements but another rule of law makes it unenforceable.

84
New cards

What are the requirements for contract formation?

Agreement, consideration, and capacity.

85
New cards

What is agreement in contract formation?

Meeting of the minds, offer and acceptance.

86
New cards

What is consideration in contract formation?

Bargained for legal value/detriment.

87
New cards

What is capacity in contract formation?

Parties must be sane, sober, and of age.

88
New cards

What is Legality of Purpose?

Contract must be for a lawful legal purpose.

89
New cards

What is Assent?

Parties knowingly agreeing on the same thing.

90
New cards

What is an Offer?

A promise to do or refrain from doing something.

91
New cards

Who is an Offeror?

The one who extends the offer.

92
New cards

Who is an Offeree?

The one to whom the offer is extended.

93
New cards

What is Intent in an offer?

Present intent to enter into a contract.

94
New cards

What are Critical Terms in an offer?

Payment, time frame, subject matter.

95
New cards

Who can accept an offer?

Only an offeree.

96
New cards

What is Acceptance?

The offeree's positive response to the offeror's proposed contract.

97
New cards

What is the Mirror Image Rule?

Acceptance terms must reflect the offer terms.

98
New cards

What is a Counteroffer?

A brand new offer that terminates the original offer.

99
New cards

What is Rejection?

Termination of the original offer.

100
New cards

What is Revocation?

Taking the offer back before valid acceptance.