Business Law: Nature Of Law & Judicial System

Front 1

What is in Personam jurisdiction?

Back 1

When a state has jurisdiction over the people within its borders (territories) – brought against a person – e.g., suit for damages arising out of a tort or breach of contract; binds defendant personally.

Front 2

In cases with foreign defendants that do not have sufficent minimum contacts with any one particular state, may the consideration of the aggregate total of contracts with the U.S. as a whole and if there are sufficent minimum contracts,can a case be brought?

Back 2

Yes, but it can be brought in federal court only

Front 3

The body of law enacted by legislative bodies:

Back 3

Statutory law

Front 4

On what matters do the federal courts have exclusive jurisdiction?

Back 4

a. Patents
b. Admiralty law
c. Anti-trusts
d. Bankruptcy
e. Copyright and trademarks
f. Suits against the US
g. Federal crimes
h. Other specified federal statutes

Front 5

What is in rem jurisidiction?

Back 5

A state’s jurisdiction over things/property within its borders; determines ownership, settles rights of all people who claim an interest in the action, is directly against property.

Front 6

A common law doctrine under which judges are obligated to follow the precedents established in prior decisions within their jurisdictions:

Back 6

Stare decisis

Front 7

A motion asserting that a trial was so fundamentally flawed (because of error, newly discovered evidence, prejudice, or other reason) that a new trial is necessary to prevent a miscarriage of justice:

Back 7

Motion for a new trial

Front 8

What sources of law have binding authority in a case?

Back 8

Constitutions, statues, regulations that govern the issue being decided, & court decisions that are controlling precedents within the jurisdiction.

Front 9

What is the rule of four?

Back 9

A rule of the U.S. Supreme Court under which the Court will not issue a writ of certiorari unless at least 4 justices approve the decision to issue the writ.

Front 10

What are some examples of alternative dispute resolution?

Back 10

Negotiation, Mediation, and Arbitration

Front 11

A common law doctrine under which judges are obligated to follow the precedents established in prior decisions within their jurisdictions:

Back 11

Stare decisis

Front 12

A motion asserting that a trial was so fundamentally flawed (because of error, newly discovered evidence, prejudice, or other reason) that a new trial is necessary to prevent a miscarriage of justice:

Back 12

Motion for a new trial

Front 13

What sources of law have binding authority in a case?

Back 13

Constitutions, statues, regulations that govern the issue being decided, & court decisions that are controlling precedents within the jurisdiction.

Front 14

What is the rule of four?

Back 14

A rule of the U.S. Supreme Court under which the Court will not issue a writ of certiorari unless at least 4 justices approve the decision to issue the writ.

Front 15

What are some examples of alternative dispute resolution?

Back 15

Negotiation, Mediation, and Arbitration

Front 16

Who facilitates the negotiations during concilliation? What is his function?

Back 16

An interested third party who helps the disputing parties reach an agreement themselves.

Front 17

What is a motion to change venue?

Back 17

When the defendant alleges bias or prejudice of inhabitants of the county where it was filed.

Front 18

What is the only discovery device that can be used on a non party?

Back 18

Depositions

Front 19

Who facilitates the negotiations during arbitration? What is his function?

Back 19

A impartial third party (other than a court), who renders a decision, this decision may or may not be legally binding.

Front 20

Who facilitates the negotiations during mediation? What is his function?

Back 20

A neutral third party who acts as a communicating agent between the parties and suggests ways in which the parties can resolve their dispute.

Front 21

Any case arising under the Constitution, statutes, or treaties of the United States:

Back 21

Federal Question cases (no minimum dollar requirement)

Front 22

The power of federal courts to review acts of the legislative and executive branches of government to determine whether they violate the constitution:

Back 22

Judicial review

Front 23

Explain how the Fifth Amendment's protection against self-incrimination works.

Back 23

This means that no one can be forced to be a witness against themself.

Front 24

Compare and contrast general jurisdiction with limited jurisdiction.

Back 24

General Jurisdiction-means that a court can hear any type of case that falls within their venue.
Limited Jurisdiction-means that a court can hear only certain types of cases.

Front 25

Compare and contrast mediation with arbitration.

Back 25

Both involve neutral third parties, but arbitration is binding, and mediation is not.

Front 26

Compare and contrast negotiation with mediation.

Back 26

Both negotiation and mediation are not binding, but negotiation is just between the two parties, while mediation uses a neutral third party.

Front 27

Compare and contrast a motion for a new trial with a motion for judgement on the pleadings.

Back 27

The motion for judgement on the pleadings precedes the trial while a motion for a new trial comes after the trial.

Front 28

Explain the disadvantages of discovery.

Back 28

Discovery is very labor intensive, and is very expensive. Can lead to discovery abuse.

Front 29

Explain a motion for summary judgement.

Back 29

A motion for summary judgementwill be granted only if the evidence clearly establishes that there are no disputed issues of material fact and that the party who requested the summary judgement is entitled to recovery as a matter of law.

Front 30

Explain the benefits of discovery.

Back 30

Discovery helps everyone in the trial have all the facts. It also helps preserve evidence. It also reduces the number of legal issues to be presented at trial because the parties can see beforehand which claims they have evidence to support and which ones are not worth pursuing.

Front 31

Define service of process.

Back 31

the summons that officially notifies the the defendent that a lawsuit is pending against it in a particular court and that it must file a response to the complaint within a certain number of days.

Front 32

Explain the three-tiered federal court system.

Back 32

The lowest level is the U.S. district courts. They are the trial courts of the federal system. The second level is the courts of appeals. There are also specialized federal courts that hear disputes about certain subject areas. The highest tier is the U.S. Supreme Court.

Front 33

Explain the 4 levels of the state court system.

Back 33

The lowest level are several courts of limited jurisdiction that hear minor criminal matters, small civil suits, and other specialized legal disputes. The next level consists of courts of general jurisdiction. The third level is the state appellate courts that hear appeals from the lower level courts. The highest level is the state supreme court.

Front 34

Explain how the courts might determine a natural person and a corporation's citizenship.

Back 34

An individual is a citizen of the state where the person has his or her legal residence, or, if they have homes in one or more states, the state they consider home. A corporation is deemed a citizen of the state in which it has been incorporated and the state where the company has its principal place of business.

Front 35

How is personal jurisdiction obtained over a defendant in a civil case? A witness?

Back 35

Defendant: issued a summons

Witness: served w/ a subpoena

Front 36

What considers the perspectives of women as they relate to legal decisions?

Back 36

The feminist legal theory

Front 37

How many U.S. Courts of Appeals exist?

Back 37

13

Front 38

How does the U.S. President enforce laws?

How do states enforce laws?

Back 38

President: Through the Attorney General

States: Through police

Front 39

What is the differencve between contracts that are VOID, VOIDABLE and UNENFORCEABLE?

Back 39

A VOID contract is one WITHOUT ANY LEGAL EFFECT from the beginning

A VOIDABLE contract is one that either party may ELECT TO AVOID OR RATIFY

An UNENFORCEABLE CONTRACT is one otherwise valid but for nwhich some DEFENSE exists extraneous to formation

Front 40

What tort case would be imposed on a manufacturer that introduces into commerce a good that is unreasonably dangerous when in a defective condition?

Back 40

Strict liability

Front 41

What type of tort case will arise Wal-Mart keeps a boy for 3 hours for something he did not steal?

Back 41

Intentional Tort case for false imprisonment

Front 42

What three elements are requires to create a contract?

Back 42

1. mutual assent i.e. OFFER and ACCEPTANCE

2. CONSIDERATION or a substitute

3. NO DEFENSES TO FORMATION

Front 43

What type of case would arise if a man's bulldog jumped out of its pen and bit a child?

Back 43

A strict liability tort case ( the responsiblity is imposed on the dog owner even when there is no fault)

Front 44

What 3 things must the parties of a contract have in order for the contract to be enforceable?

Back 44

1) Must have CONTRACTUAL CAPACITY (cannot be minor, insane, drunk, etc.).
2) Must have CONSIDERATION ($$, service).
3) Must have a LAWFUL PURPOSE (cannot be gambling on illegal things).

Front 45

What happens if a defendant decides that she wants to countersue her plaintiff?

Back 45

She must file a cross-complaint (LA calls this a counterclaim).

Front 46

This is the thing or act of value provided in exchange for a promise, which is required for a valid contract to be formed:

Back 46

Consideration

Front 47

False statement of fact that is intentionally or negligently published and that is damaging:

Back 47

Defamation

Front 48

When a defendant wants his case to be heard in federal court instead of a state court:

Back 48

Removal (it can only be removed if the case could have been filed there in the first place).

Front 49

may a third-party defendant assert any claim against the plaintiff arising out of the transaction or occurrence?

Back 49

Yes, as long as the court has subject matter jurisdiction of the plaintiff's claim against the third party plaintiff.

Front 50

Can an American living abroad bring a diversity action in federal court?

Back 50

NO...there is no diversity because the one living abroad is not a citizen of any state, even though she/he is still an American citizen.

Front 51

When may a defendant bring in third party?

Back 51

At any time after commencement of the action a defending party, as a third-party plaintiff, may cause a summons and complaint to be served upon a person not a party to the action who is liable to be third-party plaintiff.