Business Law 3.0

Question 1

substantive law

Answer 1

establishes the rights & duties of individuals and other legal entities while procedural law determines the means which these rights are asserted.

Question 2

procedural law

Answer 2

attempts to accomplish two competing objectives

Question 3

1/2 objectives for procedural law

Answer 3

to be fair and impartial

Question 4

2/2 objectives for procedural law

Answer 4

operate efficiently

Question 5

judicial process

Answer 5

represents a balance between the 2 objectives for procedural law as well as a commitment to the adversary system

Question 6

district courts

Answer 6

trial courts of general jurisdiction that can hear and decide most legal controversies in the federal system

Question 7

courts of appeals

Answer 7

hear appeals from the district courts and review orders of courts and review of certain administrative agencies

Question 8

concurrent federal jurisdiction

Answer 8

jurisdiction authority of more than one court to hear the same case; state and federal courts have concurrent jurisdiction over (1) federal question cases that do not involve exclusive federal jurisdiction (2) diversity of citizenship cases involving more than 75,000

Question 9

How many justices are on the supreme court

Answer 9

9

Question 10

how is the supreme court typically split politically

Answer 10

5:4

Question 11

what is the national court system process

Answer 11

through the president then through the approval of the supreme court

Question 12

what is the structure of the court system

Answer 12

(descending) supreme court, then the courts of appeal, then the district courts

Question 13

where do most court cases start

Answer 13

the district courts

Question 14

if a hearing in a district court gets appealed or challenged or in the potential case where someone feels the verdict was associated with “wrongful judgement” what happens

Answer 14

the case automatically gets appealed and goes to the courts of appeal

Question 15

if after the court of appeals case gets appealed by one of the parties and they decide to appeal again, can they just automatically go to the supreme court?

Answer 15

no, the supreme court has to approve or select the case

Question 16

approximately how many cases does the supreme court select after they get appealed from the court of appeals

Answer 16

less than 2%

Question 17

how many justices in the supreme court have to agree to take the case (literally just to hear the case)

Answer 17

4/9

Question 18

why does the minority rule in the supreme court selection process

Answer 18

because if the supreme court itself is split 5:4 they need to level that out with the selection process for court hearings

Question 19

what types of cases would the supreme court select (1)

Answer 19

cases regarding extreme public significance - abortion, civil rights, gun laws, corporate integrity, constitutional issues

Question 20

what types of court cases would the supreme court case select (2)

Answer 20

where the courts of appeal are divided on an issue “sunset” (hunting example)

Question 21

jurisdiction

Answer 21

the power of a court to hear or decide a case

Question 22

diversity jurisdiction

Answer 22

the lawsuit has to involve (both) 1. citizens in different states and (2) the amount of the dispute has to be 75k or more

Question 23

federal question jurisdiction

Answer 23

where the issue in the case involves an interpretation of federal law

Question 24

alternative dispute jurisdiction involves what two settlement methods

Answer 24

mediation and arbitration

Question 25

mediation

Answer 25

where a skilled, unbiased, and neutral third party is brought in to assist the parties to voluntarily resolve their dispute

Question 26

does the mediator impose an outcome or make any decisions

Answer 26

no

Question 27

arbitration

Answer 27

where a skilled, unbiased, skilled third party comes in to act as a “private judge” that hears the evidence from the parties and the witnesses and makes a binding and final decision that cannot be appealed