Business Test 2

Question 1

Personal Jurisdiction (Jurisdiction over persons)

Answer 1

Power of courts to make parties appear before courts

Question 2

Long-Arm Statutes

Answer 2

Used by state courts to make non-residents appear based on “minimum contacts” (with the state)

Question 3

Standing

Answer 3

The plaintiff must have some stake in the outcome of the lawsuit
ex.You cant sue someone on someone else’s behalf

Question 4

How can a court have jurisdiction based on cyberspace traffic

Answer 4

“Sliding scale” standard-3 types of business contacts
1.Substantial business conducted w/ many contacts
2.Some interactivity through website
3.Passive advertising
Jurisdiction strongest with first

Question 5

Which area of the law does “minimum contacts” refer to?

Answer 5

Jurisdiction

State courts us long arm statutes for non-resident parties based on minimum contacts

Question 6

Civil Law

Answer 6

Dealing with the definition and enforcement of private or public rights
Neighbor v. you

Question 7

Criminal Law

Answer 7

The branch of law that defines and punishes wrongful acts committed against the public
government v. you

Question 8

What three things allow you to file in federal court

Answer 8

over $75,000
two states involved
or if it is a fed. issue

Question 9

Are most legal disputes solved before trial?

Answer 9

Yes 90%

most dont goto court

Question 10

What is an Arbitration? Can you be forced into it?

Answer 10

3rd party decides who wins, no appeal

nobody can force you into arbitration

Question 11

Mediation

Answer 11

two parties chose a neutral third party as a mediator of the dispute
no winners or losers
popular in family law cases

Question 12

What is discovery?

Answer 12

before trial where both parties trade information to discover facts from the other party

Question 13

What are four tools of discovery?

Answer 13

Depositions: Oral testimony given by parties
Interrogatories: Written questions submitted by one party to another
Production of documents
Physical and mental examinations

Question 14

Does the supreme court have to hear your appeal? How many judges does it take to hear it?

Answer 14

No

It takes four judges to hear an appeal “rule of four”

Question 15

What is a writ of certiorari?

Answer 15

Order issued by the supreme court requiring the lower court to send a record of its case
Requested by a party from case

Question 16

In state appellate court:
Question of fact
Question of law

Answer 16

Question of fact deals with what really happened in regard to a dispute, the burden of this is normally on the trial court
Question of law deals with the interpretation of the law applied to the court decision

Question 17

Compensatory damages

Answer 17

compensates plaintiff for actual losses

Question 18

Punitive damages

Answer 18

Monetary damages that may be awarded to plaintiff to punish the defendant

Question 19

Negligence torts

Answer 19

Failure to act like a reasonable person

4 elements that must be proved

Question 20

Intentional Torts

Answer 20

The actor intended the consequences of the act

Question 21

name 4 different intentional torts

Answer 21

name more bitch

Question 22

Reasonable person

Answer 22

You have a duty to act like a reasonable person

negligence to do so can result in tort

Question 23

What is intellectual property

Answer 23

Exclusivity granted by government

Question 24

Patent

Answer 24

Applies to inventions (only exception design patent)
Must be novel, useful, and non obvious
20 years
Granted to the first inventor to file an application
Machines, processes, improvements on machines

Question 25

Copyright

Answer 25

Applies to creative works 
books, newspapers, lectures
life +70 years
ideas are not protected, but the expression of the idea is
protect through non disclosure  
original, creative works of authorship

Question 26

Copyright fair use 4 factors

Answer 26

1. purpose and character of the use
   if parody is used you have to be making fun of the work itself
   2.nature of copyrighted
2. amount and substantiality of portion used
3. effect on market value of the copyrighted work

Question 27

Trademarks

Answer 27

a distinct mark symbol, name, motto that identifies the goods of a particular business
(service marks not trademarks for services)
registered for 10 years and can be renewed indefinitely
The first business to use it owns it even if not registered

Question 28

“intent to use”

Answer 28

Deals with trademarks, an option to trademark something if your product isnt ready but you want to use it in the future

Question 29

Major test of a trademark

Answer 29

Will consumers be confused by the other persons mark?

Question 30

Trademark Dilution

Answer 30

Laws that protect similarities to trademarks

Question 31

Litigation

Answer 31

The process of bringing, maintaining, and defending a lawsuit

Question 32

Alternative Dispute Resolution (ADR)

Answer 32

Non judicial dispute resolution

Question 33

How much for small claims court

Answer 33

less than $5000

Question 34

Summons

Answer 34

Summoning someone to a court with jurisdiction

Question 35

Brief

Answer 35

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

Question 36

Pleadings

Answer 36

Statements made by plaintiff and defendant that detail case

Question 37

List the types of appellate review decisions

Answer 37

Affirm court decision
Reverse Trial if mistake
Remand(send back) the case to trial
affirm or reverse decision in part