Ch 3 Flashcards Preview

Bus Law > Ch 3 > Flashcards

Flashcards in Ch 3 Deck (88):
0

What is the role of judicial system?

Interpret and apply the laws

1

What is judicial review?

Judicial branch can decide if the laws or actions of other two branches are constitutional
The process by which a court decides the constitutionality of legislative enactments and actions of the executive branch

2

What is jurisdiction?

The authority of a court to hear and decide a case
Must have authority of people or property involved and subject matter

3

How does a court have jurisdiction over person or property?

Personal jurisdiction
Authority over everything inside of its boundaries

4

What is in rem jurisdiction?

Jurisdiction over property within its borders

5

What is long arm statues?

State statue that permits a state to exercise jurisdiction over nonresidential defendants

Must have had at least minimum contacts

6

What area has jurisdiction over a coperation?

The state it is incorporated in, has its principle offices, and is doing business

Minimum contact if good is sold

7

What is an example of a court of general jurisdiction?

State trail court or federal district court

8

What are examples of courts with limited jurisdiction?

Probate court and bankruptcy court
Handle only certain matters

9

What is probate court?

State court of limited jurisdiction that conducts proceedings relating to the settlement of a deceased person's estate

10

What is a bankruptcy court?

A federal court of limited jurisdiction that handles only bankruptcy proceedings, which are governed by federal bankruptcy law

11

What can limit the jurisdiction?

Subject of lawsuit
Amount in controversy
Felony or misdemeanor
Trial or appeal

12

What is the difference between original and appellate jurisdiction?

Original is where the case is ending heard for the first time, district courts/ trial court
Appellate deal with appeals

13

When do federal courts have jurisdiction?

Federal questions and diversity of citizenship

14

What are federal questions?

A question that pertains to the U.S. Constitution, an act of congress, or a treaty and provides a basis for federal jurisdiction in a case

15

What is diversity of citizenship?

A basis for federal court jurisdiction over a lawsuit between citizens of different states and counties

2 requirements
Plaintiff and defendant are residents of different states
Dollar amount exceed 75,000

16

What is concurrent jurisdiction?

Jurisdiction when two separate courts have power to hear a case
Ex) diversity of citizenship

17

What is exclusive jurisdiction?

Jurisdiction that exists when a case can only be heard in a particular court or type of court

18

What are some things that federal courts have exclusive jurisdiction over?

Cases of federal crimes
Federal antitrust law
Bankruptcy
Patents
Copyrights
Trademarks
Suits against US

19

What are some things that states have exclusive jurisdiction over?

Divorce
Adoption

20

What is the sliding-scale standard?

Used to determine if jurisdiction over out of state defendant is needed
3 internet based contacts
Substantial business conducted over the internet
Some interactivity through a website
Passive advertising, ppl volunteer to read information

21

What is true of Internet business and international jurisdiction?

They must comply with laws in any jurisdiction where they target costumers

22

What is venue?

Most appropriate physical location for a trial
Geographic district in which a legal action is tried and from which the jury is selected

23

Where is the venue in a civil case typically?

Where the defendant resides

24

Where is the venue of a criminal case?

Where the crime is committed

25

When might the trial be moved?

When it occurs in a location where the defendant's right to a fair trial may be impaired

26

What is a standing to sue?

Legal requirement that an individual must have sufficient stake in a controversy before he or she can bring a lawsuit

Guardian may take this for a minor

27

What is a justiciable controversy?

A controversy that is not hypothetical or academic but real and substantial

28

How many court systems are there?

52
One for every state, DC and federal

29

What is true of the state court system?

Include
Trial courts of limited jurisdiction
Trial courts of general jurisdiction
Appellate courts
State Supreme Court

Judges are either appointed or elected and terms vary

30

What are some courts of limited jurisdiction called?

Special inferior trial courts
Minor judiciary courts

31

What is a small claims court?

A special court in which parties can litigate small claims without and attorney

32

What do appellate courts do?

They reviewed dats from the trial, records of it, and determine if an error was made

33

What is a question of fact?

Deals with disputed facts in a lawsuit, not what the law is

34

What is a question of law?

The application of interpretation of a law
Only a judge can rule on this, not jury

35

What do appellate courts primarily deal with?

Questions of law

36

When can a ruling but he state Supreme Court be overruled by the Supreme Court?

When it is an issue of federal law

37

How is the federal court system conducted?

U.S. District courts and various courts of limited jurisdiction
U.S. Courts of appeals
United States Supreme Court

38

How do we get federal judges?

Appointed by the president and confirmed by U.S. senate
Lifetime appointment

39

What is true of the U.S. District courts?

Equivalent of a state trial court of general jurisdiction
94
Limited jurisdiction ones include bankruptcy courts

40

What is the U.S. Court of appeals?

13
12 correspond with specific areas, the 13th deals with special cases like when government is the defendant

41

What is true of the untied states Supreme Court?

Highest level
9 judges
Appeal court
Person must show a writ of certiorari

42

What is a writ of certiorari?

A writ from a higher court asking a lower court for the record to a case

43

What is the rule of four?

Court will not issue a writ unless at least 4 justices approve

44

What are petitions granted by the court?

They involve important constitutional issues or conflicting decisions by lowering courts

They do not have to explain why

45

What is a litigation?

The process of resolving a dispute through the court system

46

What is procedural law?

What determines the standards for set worming disputes in courts

47

What are the pleadings?

Statements by plaintiff and defendant that detail facts, charges, and defenses of a case

Complaint answer counterclaim reply

48

What comes first in a trial?

The playoff complaint

49

What is the plaintiff complaint?

The pleadings made by a plaintiff alleging wrongdoings on the part of the defendant
Intimates a lawsuit

50

What is included in the plaintiff's complaint?

Facts needed to make jurisdiction
Brief summary of facts needed to show relief is required
Statement of remedy seeking

51

What is a process server?

The one who delivers a complaint or summons

52

What is a summons?

Document informing a defendant that a legal action has been commenced against them and that ey must appear in court

53

What is default judgment?

Judgement entered by a court against a defendant who fails to appear in court

54

What is an answer?

A defendant response to a plaintiffs complaint

55

What is a counterclaim?

Claim made by defendant in a civil lawsuit against the plaintiff
Suing them back

56

What is a reply?

Plaintiffs response to defendants answer and counterclaim

57

What's an affirmative defense?

Can admit truth to allegations but raises new facts that may result in dismissal of action

58

What is the motion to dismiss?

A pleading I which a defendant admits the facts as alleged but claims to state a cause of action has no basis in law

59

What steps are taken to bring a case to court?

Complaint
Summons
Answer
Counterclaim
Reply
Pretrial motions
Discovery
Request other information
Pretrial conference
Jury selection

60

What are different Pretrial motions?

Motion to dismiss
Motion for judgment on the pleadings
Motion for summary of judgment

61

What is motion for judgment on the pleadings?

Motion for court to decide trial solely on pleadings without a trial
Only if no facts are in dispute

62

What is a motion for summary judgment?

Motion requesting the court to enter a judgment without proceeding to trail. Can be based on info outside pleadings and no facts in dispute

Statements or other documents

63

What is discovery?

Method of opposing parties to obtain information for the trial

Deposition and interrogatories

64

What is deposition?

Testimony of a party to a lawsuit or a witness taken under oath before a trail

65

What are interrogatories?

A series of written questions for which written answers are prepared by a party to a lawsuit, usually with assistance of attorney, and then dined under oath

Directed to a party, not witness

66

What is e evidence?

Evidence of all computer generated or electrically recorded info

67

What is a Pretrial conference?

Meeting with judges and opposing attorneys to see if a verdict can be reached without trial

68

How does jury selection work?

Voir dire
Question perspective jurors about background, etc

69

What is peremptorily?

Ask someone not to be sworn in without providing a reason

70

What is for cause?

Ask someone not be sworn in for a reason

71

What occurs at the trial?

Attorneys present opening arguments
Plaintiffs case preset
Defendant can challenge evidence or cross examine
Can ask to direct a verdict
Closing arguments
Judge instructs jury of charges
Jury deliberates
Decides on an award

72

What is a directed verdict?

Asking judge to make a decision without jury making kroon that other party did not provide sufficient evidence

73

What is a motion for judgment n.o.v?

Motion requesting court to grant judgment in favor of the party making the motion saying jury's decision was unreasonable and erroneous
Judge will rule opposite

74

What is a motion for a new trial?

Motion stated trial was fundamentally flawed and a new trial is needed

75

How does the appeal process work?

File the appeal
Appellate review
Appeal to a higher court

76

What is the brief?

Written summary or statement prepared by one side to explain the case to the judge

77

What options does an appellate court have?

Affirm decision
Reverse decision
Remand, send back for further proceedings
Reverse or affirm in part
Modify

78

What system is used for electronic filing?

Case management /electronic case files

79

What is a docket?

Schedule of trials to be heard

80

What is alternate dispute resolution?

Resolution of disputes in ways other than trials
Negotiation, mediation, arbitration

81

What is negation?

Parties and attorneys
Settle dispute informally with or without attorneys present

82

What is mediation?

Settling disputes using third parties and assist in negotiation
Takes active role

83

What arbitration?

Settling of dispute by submitting to a disinterested third party, who renders decision

84

When can an arbitrator's decision be overruled?

Of it was conducted in bad faith
If the ward violates public policy
If they exceed their own power

85

What is an arbitration clause?

Clause in contracts that in a dispute courts will not be used

86

Who provides add services?

Americans government
American arbitration association

87

What are online dispute resolution?

Resolution of disputes with assistance of organizations that offer dispute-resolution services via the Internet
Good for small to medium sized cases