Bmgt 380 Final Exam

The five sources of powers that managers use are: legitimate power, reward power, coercive power, expert power and referent power. Legitimate power is an inherent power that all managers have simply because they are the manager and have authority over their subordinates. Reward power is a power that all managers have where they can promise or give rewards to

**c. If there is a conflict between a state statute and a federal statute, the federal statute

agencies today are increasingly reliant on the third type of rulemaking due to both the cumbersome nature of the formal rulemaking process and the ease with which information can be disseminated to the public through the Internet. Generally, there are two categories of deference that courts grant an administrative agency’s interpretation of law, depending on the categorization of the administrative action in question. If agency action amounts to formal rulemaking, it is analyzed using a two-part test established in Chevron U.S.A., Inc. v. Natural Res. Def. Council, Inc. If the agency action does not constitute formal rulemaking, courts use the factors established in Skidmore v. Swift & Co. to determine if deference should be granted.

5) Decide whether or not jurisdiction is proper based on purposeful availment in the forum state and whether the court of appeals should appeal or reverse the district’s court ruling.

The two primary sources of the subject-matter jurisdiction of the federal courts are diversity jurisdiction and federal question jurisdiction. The federal question jurisdiction is over the cause of action that arises under federal law. A diversity jurisdiction is a form of subject matter jurisdiction that has authority to hear civil cases. Under 28 U.S.C. § 1332, federal courts have original jurisdiction in an action that meets complete diversity requirement (the parties are citizens of the different state), and an amount in controversy exceeds $75,000, excluding legal expenses and court cost.

The Middle District of Georgia would have specific personal jurisdiction over FFF as (1) it has minimum contacts with the forum state, (2) the claim arises out of/is related to those contacts, and (3) the assertion of jurisdiction is reasonable.

i. The Arbitrary and Capricious Standard: Find the rule is arbitrary, capricious, an abuse of discretion and in violation of some law (195)

In federal system all cases must be brought by indictment, states have the option to use either preliminary hearing or grand jury.

When reviewing the American Bankruptcy Institutes website I was researching the total number of bankruptcies in 2012, the total number of non-bankruptcies in 2012, and the total number of business bankruptcies in 2012. My findings concluded that the total number of bankruptcies in 2012 which consists of business and non-business fillings which includes the states and D.C. was 1,232,294 (ABI, 2013). The total number of non-business filings in the states and D.C. in 2012 was 1,232,294. The report shows that there were 811,789 non-business Chapter 7 filings and 352,553 non business Chapter 13 filings in 2012 (ABI, 2013).

b. What substantive due process protections does the policy or procedure provide?  Use Sandefur's concepts of "generality, regularity, fairness, rationality, and public-orientation" to guide your analysis.

Two constitutional concerns arise from the language of the proposition. The first is whether the proposition establishes a statute, or

1. When interpreting legislation, the Courts use several approaches to aid their interpretation. Describe how the literal, golden and mischief rules of interpretation operate.

One of the main disputable subject matters of the issue, is how and when parties can properly apply procedural public policy. If case if we suppose that the overlap between two Articles of the New York Convention, namely Article V 1 (b) and Article V 2 (b) exist, it has to be marked that the first one is used by the respondent (thereby the the need to provide evidence is placed on the disputing party wishing to dismiss it) while the second one calls for qualified authority. Even

The operative elements are STATE, PERSON, and JURISDICTION. The common application is the prohibition of some person from exercising a right, discrimination based on gender or legitimacy, or whether the classification might relate to a legitimate government interest.

The program faces some limitations. The interpretations of the statutes are inconsistent. Moreover, the guidelines concerning the interpretations are vague while the procedure for judging the petitions creates uncertainty for the firms (Mehta, 2015).