Essentials of Business Law > EssentialsOfBusLawChapters1-4 > Flashcards

EssentialsOfBusLawChapters1-4 Flashcards

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1
Q

Precedent

A

(civil law) a law established by following earlier judicial decisions

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2
Q

Common Law

A

Judge Made law

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3
Q

Statute

A

an act or law, passed by a legislative body

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4
Q

Equity

A

A courts power to fashion a remedy, such as an injunction, which the common law does not provide.

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5
Q

Criminal law

A

Laws prohibiting or requiring certain behavior

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6
Q

Civil Law

A

A law that governs relationships between individuals and defines their legal rights.

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7
Q

Substantive law

A

defines rights and duties of parties

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8
Q

Procedural Law

A

establishes the processes to for settling disputes

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9
Q

Jurisprudence

A

the philosophy of law

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10
Q

Sovereign

A

the recognized political power whom citizens obey

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11
Q

What is ‘Peremptory Challenges’?

A

The right to excuse a juror for virtually any reason.

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12
Q

What is a ‘Default Judgement’?

A

A decision that the plaintiff wins without a trial because the defendant failed to answer in time.

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13
Q

What are ‘Interrogatories’?

A

These are written questions that the opposing party must answer, in writing, under oath.

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14
Q

What is a ‘Summary Judgement’?

A

A ruling by the court that no trial is necessary because some essential facts are not in dispute.

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15
Q

What is ‘Direct Examination’?

A

When a lawyer asks questions of her own witness?

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16
Q

What are ‘Trial Courts’?

A

Determine the facts of a particular dispute and apply to those facts the law given by earlier appelate court decisions.

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17
Q

What are ‘Challenges for Cause’?

A

A claim that a juror has demonstrated probable bias.

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18
Q

What is a ‘Reverse and Remand Judgement’?

A

To nullify the lower decision and return the case for reconsideration or retrial.

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19
Q

What is the ‘United States District Court’?

A

This is the primary trial court in the federal system. The nation is divided into about 94 districts, and each has a district court. States with smaller populations have one district court, while states with larger populations have several districts; Texas is divided geographically into four districts.

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20
Q

What is ‘Error of Law’?

A

A finding by an appellate court that a law was misapplied or misinterpreted.

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21
Q

What is a ‘Complaint’?

A

A short, plain statement of the facts alleged and the legal claims made.

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22
Q

What is a ‘Reverse Judgement’?

A

Nullified. (to make legally null and void.)

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23
Q

What is a ‘Directed Verdict’?

A

A ruling that the plaintiff has entirely failed to meet his burden of proof.

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24
Q

What is ‘Production of Documents’?

A

Each side may ask the other side to product relevant document for inspection and copying; to produce physical objects, such as a part of a car alleged to be defective; and for permission to enter on land to make an inspections, for example, at the scene of an accident.

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25
What is 'Litigation'?
The process of filing claims in court and ultimately going to trial.
26
What is 'cross-examination'?
To ask questions of an opposing witness.
27
What are 'Breifs'?
Written arguments on the case.
28
What are 'Pleading'?
The documents that behin a lawsuit consisting of the complaint, the answer, and sometimes a reply.
29
What are 'Appellate Courts'? What is their name? How many circuits and wht appeals do they hear?
US Court of Appeals Intermediate court of appeals. Divided into 11 circuits, hearing appeals from district courts.
30
What are 'Appeal Courts'?
Generally accept the facts given to them by trial courts and review the trial record to see if the court made error
31
What is a 'Challenge for cause' vs 'Peremptory Challenges'?
Challenge For Cuase' happens first and is when a Juror has demostatrated probable bias. Peremptory Challenges happen after 'Challenge for Cause' and is the right to excuse a juror for virtually any reason. Both sides get to pick 3 Jurors to excuse.
32
What is a 'Opening Statement' and when does it take place?
The opening statement summerizes the evidence he/she expects to offer, with the plantiff going first and than the defendant. It takes place at the beginning of the trial.
33
When does the 'Plantiff Case' take place?
After opening statements, the Plantiff case (in chief) starts the case.
34
What is the burden of proof in a civil case?
Preponderance Of Proof'
35
What is the 'Preponderance Of Proof'?
Slightly more likely then the defendants version.
36
How does the Plantiff case (in chief) present his case?
Presents witnesses & documents.
37
How does the Plantiff lawyer question witnesses of his own?
Direct Examination (they ask direct questions)
38
How does the defendants Lawyer ask questions of a plantiffs witness?
Cross examinations (allowed to lead w/ their questions of the witness)
39
What is the order of precidence with a witness?
1) Plantiff lawer - Direct examination 2) Defendants Lawyer - Cross examiniation 3) Plantiff - Rediect 4) Defendant - Recross
40
What is a 'Motion-for-directed verdict'?
Some call is a half time motion. Defense makes the argument that the plaintiff hasn't met the 'Preponderance of Proof' and asks for the case to end before the Defendant case begins.
41
What is the order for the 'Defendants Case' (in chief)
1) Defendants Lawyer - Direct examination 2) Plaintiff Lawyer - Cross examination 3) Defendants lawyer - Redirect 4) Plaintiff Lawyer - Recross
42
What is the order of 'closing arguments'?
1) Plantiff goes first and get to reserve time. 2) Defendant goes next and does not get to reserve time. 3) Plantiff uses time
43
When are the 'Jury Instructions' given?
After closing arguments.
44
Does the Jury's verdict have to be unamuous?
Yes.
45
What is a JNOV motion?
Judgement Notwithstanding the verdict. | This is when the judge is asked to take the jury's verdict and over turn it.
46
What is a motion-summary?
Summary judgement is a ruling by the court that no trial is necessary because some essential facts are not in dispute, then there is no need for a trial.
47
What is a motion of directed verdict?
A diected verdict is permissable only if the evidence so clearly favors the defendant that reasonable minds could not disagree on it. It is a ruling that the plantiff has entirely failed to meet his burden of proof.
48
What is ADR?
Alternative Dispute Resolution
49
What are the types of 'ADR'?
1) Negotiation - you work it out (useually directly) 2) Mediation 3) Arbitration
50
How does 'mediation' work and what are some of the pros and cons?
* Seasoned Attorney/Retired Judge * Voluntary * Party's Reatin Control * Non-Binding * Quicker & Less Expensive * Once Settlement is agreed to, it becomes binding.
51
How does 'Arbitration' work and what are some of the pros and cons?
* Arbitrator (win/lose judgement) , and the arbitrator is usually a seasoned attorney or retired judge. * The benefits are it is less expensive, quicker, very limited appeal rights (pro and con), its private, and there is no jury (pro/con).
52
What is a 'Motion'?
A formal request to the court to take some step or issue an order.
53
What is 'Discovery'?
The pre-trial opportunity for both parties to learn the strengths and wekanesses of the opponent's case. It's the critical pre-trial opportunity for both parties to learn the strenths and weaknesses of the oppenents case. Important forms of discovery include interrogatories, depositions, productin of documents and objects, physical and mental examinations, and request for admission.
54
What are 'Interrogatories'?
These are written questions that the opposing party must answer, in writing, under oath.
55
What are 'Depositions'?
These provide a chance for the one party's lawyer to question the other party, or a potential witness, under oath. The person being questioned is the deponent. Lawyers for both parties are present. During depositions, and in trial, good lawyers choose words carefully and ask questions calculated to advance their cause. A fine line seprates eithical, probing questions from those that are tricky, and a similar line divides answersthat are merely unhelpful from prejury.
56
What is a 'Deponent'?
The person being questioned.
57
What is a 'motion for a protective order'?
This is a request that the court limit coastal's dicovery by decreasing the number of depositions.
58
What are the appeals court options?
Affirm - upholding the lower courts decision. Modify - changing the verdict but leaving the same party victorious Reverse - transforming the loser into the winner and or remand, sending the case back to the lower court.
59
When will a federal court hear a case?
(1) the defendant and the plantiff are citizens of different states (2) the amount in dispute amount in dispute exceeds $75,000
60
What is the difference between trial and appellate courts?
Trial courts determine facts and apply the law to the facts. Appeals courts generally accept the facts found by the trial court and review the trial record for the errors of law.
61
What are 'Pleading'?
A complaint and an answer are the two most important pleading, this is documents that start a lawsuit.
62
What are 'Jury Trials'?
Generally , both plantiff and defendant may demand a jury in any lawsuit for money damages.
63
What is 'Voir Dire'?
Voir dire is the process of selecting jurors in order to obtain an impartial panel.
64
What is the 'burden of proof'?
The plaintiffs burden of proof in a civil lawsuit is preponderance of the evidence, meaning that its version of the facts must be at least slightly more persuasive than the defendants. In a criminal prosecution, the government must offer proof beyond a reasonable doubt in order to win a conviction.
65
What are the 'Rules of evidence'?
The rules of evidence determine what questions may be asked during trial, what testimony may be given, and what documents may be introducted.
66
What is 'Diversity Jurisdiction'?
(1) the defendant and the plantiff are citizens of different states (2) the amount in dispute amount in dispute exceeds $75,000
67
What is 'Stare decisis'?
Let the decision stand, this is, the ruling from a previous case.
68
What is 'Precdent'?
An earlier case that decided the issue.
69
What is 'Statutory Law'?
an act or law, passed by a legislative body
70
What is a 'subpoena'?
An order to appear at a particular place and time. A subpeona duces tecum requires the person to product certain documents or things.
71
What does 'Adjudicate' mean?
To hold a formal hearing about an issue and then debate it.
72
What is a 'Administrative law judge'?
An agency employee who acts as an impartial decision-maker.
73
What is 'De novo decision'?
The power of an appellate court or board to ignore a lower judge's ruling and make its own decision.
74
What is 'Common Law'?
The common law evolves in awkward fits and starts because courts attempt to achieve two contradictory purposes: predictability and flecibility.
75
What is 'Satre Decisis' ?
Stare decisis means "let the decision stand," and indictates that once a court has decided a particular issue, it will generally apply the same rule in futrue cases.
76
What is a 'Bystander Rule'?
The common law bystander rules holds that, generally, no one has a duty to assist someone in peril unless the bystander himself created the danger. Courts have carved some exceptions during the last 100 years, but the basic rule still stands.
77
What is 'Statutory Interpretation'?
Courts interpret a statute by using the plain meaning rule; then, if necessary, legislative history and intent; and finally, if necessary, public policy.
78
What is 'Adjudication'?
Agencies adjudicated cases, meaning that they hold hearing and decide issues. Adjudication generally begins with a hearing before an adminstrative law judge and may involve an appeal to the full agency or ultimately to federal court.
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