Business Law Quickie Quiz 1

Question 1

Define Jurisdiction and discuss the details related to in personam, subject matter and appellate jurisdiction

Answer 1

Jurisdiction determines whether the court has the power and authority to decide a particular case
A court possesses jurisdiction to hear and decide a case if the court has personal jurisdiction and subject matter jurisdiction

In personam jurisdiction means the judge has the power and authority to make decisions that affect a person, and requires the D has been personally served papers and the defendant must have some minimum contact with the state (be present in courtroom or CHILI)

Subject matter jurisdiction - in both fed and state court trial courts subject matter may be limited by amount in controversy, subject matter of lawsuit or criminal case, for example in federal court subject matter must be constitutional or congressional basis

Appellate Jurisdiction - appeal is a request for a higher court to review lower courts decision, is panel of three judges, no new evidence and searches for reversible error. May affirm, reverse or remand a case.

Question 2

Define Justicability. Define and discuss the tests for it

Answer 2

Justicabiltiy refers to the types of matters that a court can adjudicate. If a case if nonjusticable then the court cannot hear it.
1) Plaintiff must have standing - does party have a dog in fight, plaintiff must have concrete injury which are fairly traceable to the D, it must be likely the injury will be redressed by favourable decision
2) A dispute exists between two parties - two parties argue different versions of events and must be seeking different outcomes
3) Legally required pleadings have been properly alleged - elements necessary to prove plaintiff’s case have been properly alleged in the court documents
4) Timing of case is right - ripeness(brought too soon) or moot (Brought too late)

Question 3

Define and discuss the differences between admissions and stipulations, depositions and interrogatories

Answer 3

Stipulations - an agreement reached by the opposing parties during legal proceedings to specify facts and avoid delays - dismiss an action, deny facts, can dismiss case in part of entirely
Admissions - statement made by party to court which affirms certain facts are true
Deposition - an out-of-court statement demanded by one party or another, both parties have right to be present during
Interrogatories - written responses under oath are required by another party involved in the case, written questions sent to lawyer and party has time to respond

Question 4

What are pleadings? Three examples of civil court pleadings and define each of them

Answer 4

The formal written documents of a party claim or defence in a civil action
Complaint - plaintiff initiates a civil lawsuit a document filed with the court containing plaintiff allegations of wrongdoing and legal remedy
Answer - D responds, denying or admitting it, or admitting in part and denying in part P allegations
Counterclaim - is a claim by the D against a co-party

Question 5

List the important steps in the criminal process - define and provide examples for three of them

Answer 5

Investigation, charging, arraignment, discovery, plea bargaining, preliminary hearing, pre trial motions trial, post trial motions, sentencing, appeal
Investigation - investigating witnesses, executing search warrants
Arraignment - D’s first formal court appearance following an arrest, a hearing where charges read. D can then enter a plea
Discovery - exchange of info between D and P, chance for each to learn what evidence will be used such as police reports, witness statements etc.