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Bus Law > Ch 3 > Flashcards

Ch 3 Flashcards

0
Q

What is judicial review?

A

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

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1
Q

What is the role of judicial system?

A

Interpret and apply the laws

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2
Q

What is jurisdiction?

A

The authority of a court to hear and decide a case

Must have authority of people or property involved and subject matter

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3
Q

How does a court have jurisdiction over person or property?

A

Personal jurisdiction

Authority over everything inside of its boundaries

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4
Q

What is in rem jurisdiction?

A

Jurisdiction over property within its borders

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5
Q

What is long arm statues?

A

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

Must have had at least minimum contacts

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6
Q

What area has jurisdiction over a coperation?

A

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

Minimum contact if good is sold

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7
Q

What is an example of a court of general jurisdiction?

A

State trail court or federal district court

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8
Q

What are examples of courts with limited jurisdiction?

A

Probate court and bankruptcy court

Handle only certain matters

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9
Q

What is probate court?

A

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

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10
Q

What is a bankruptcy court?

A

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

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11
Q

What can limit the jurisdiction?

A

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

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12
Q

What is the difference between original and appellate jurisdiction?

A

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

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13
Q

When do federal courts have jurisdiction?

A

Federal questions and diversity of citizenship

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14
Q

What are federal questions?

A

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

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15
Q

What is diversity of citizenship?

A

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

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16
Q

What is concurrent jurisdiction?

A

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

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17
Q

What is exclusive jurisdiction?

A

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

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18
Q

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

A 
Cases of federal crimes
Federal antitrust law
Bankruptcy 
Patents
Copyrights
Trademarks
Suits against US
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19
Q

What are some things that states have exclusive jurisdiction over?

A

Divorce

Adoption

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20
Q

What is the sliding-scale standard?

A

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

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21
Q

What is true of Internet business and international jurisdiction?

A

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

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22
Q

What is venue?

A

Most appropriate physical location for a trial

Geographic district in which a legal action is tried and from which the jury is selected

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23
Q

Where is the venue in a civil case typically?

A

Where the defendant resides

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24
Q

Where is the venue of a criminal case?

A

Where the crime is committed

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25
Q

When might the trial be moved?

A

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

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26
Q

What is a standing to sue?

A

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

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27
Q

What is a justiciable controversy?

A

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

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28
Q

How many court systems are there?

A

52

One for every state, DC and federal

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29
Q

What is true of the state court system?

A 
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

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30
Q

What are some courts of limited jurisdiction called?

A

Special inferior trial courts

Minor judiciary courts

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31
Q

What is a small claims court?

A

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

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32
Q

What do appellate courts do?

A

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

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33
Q

What is a question of fact?

A

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

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34
Q

What is a question of law?

A

The application of interpretation of a law

Only a judge can rule on this, not jury

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35
Q

What do appellate courts primarily deal with?

A

Questions of law

36
Q

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

A

When it is an issue of federal law

37
Q

How is the federal court system conducted?

A

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

38
Q

How do we get federal judges?

A

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

Lifetime appointment

39
Q

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

A

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

40
Q

What is the U.S. Court of appeals?

A

13

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

41
Q

What is true of the untied states Supreme Court?

A

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

42
Q

What is a writ of certiorari?

A

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

43
Q

What is the rule of four?

A

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

44
Q

What are petitions granted by the court?

A

They involve important constitutional issues or conflicting decisions by lowering courts

They do not have to explain why

45
Q

What is a litigation?

A

The process of resolving a dispute through the court system

46
Q

What is procedural law?

A

What determines the standards for set worming disputes in courts

47
Q

What are the pleadings?

A

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

Complaint answer counterclaim reply

48
Q

What comes first in a trial?

A

The playoff complaint

49
Q

What is the plaintiff complaint?

A

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

50
Q

What is included in the plaintiff’s complaint?

A

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

51
Q

What is a process server?

A

The one who delivers a complaint or summons

52
Q

What is a summons?

A

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

53
Q

What is default judgment?

A

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

54
Q

What is an answer?

A

A defendant response to a plaintiffs complaint

55
Q

What is a counterclaim?

A

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

56
Q

What is a reply?

A

Plaintiffs response to defendants answer and counterclaim

57
Q

What’s an affirmative defense?

A

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

58
Q

What is the motion to dismiss?

A

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
Q

What steps are taken to bring a case to court?

A 
Complaint 
Summons 
Answer
Counterclaim 
Reply 
Pretrial motions 
Discovery 
Request other information 
Pretrial conference 
Jury selection
60
Q

What are different Pretrial motions?

A

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

61
Q

What is motion for judgment on the pleadings?

A

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

62
Q

What is a motion for summary judgment?

A

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
Q

What is discovery?

A

Method of opposing parties to obtain information for the trial

Deposition and interrogatories

64
Q

What is deposition?

A

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

65
Q

What are interrogatories?

A

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
Q

What is e evidence?

A

Evidence of all computer generated or electrically recorded info

67
Q

What is a Pretrial conference?

A

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

68
Q

How does jury selection work?

A

Voir dire

Question perspective jurors about background, etc

69
Q

What is peremptorily?

A

Ask someone not to be sworn in without providing a reason

70
Q

What is for cause?

A

Ask someone not be sworn in for a reason

71
Q

What occurs at the trial?

A 
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
Q

What is a directed verdict?

A

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

73
Q

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

A

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
Q

What is a motion for a new trial?

A

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

75
Q

How does the appeal process work?

A

File the appeal
Appellate review
Appeal to a higher court

76
Q

What is the brief?

A

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

77
Q

What options does an appellate court have?

A 
Affirm decision 
Reverse decision 
Remand, send back for further proceedings
Reverse or affirm in part 
Modify
78
Q

What system is used for electronic filing?

A

Case management /electronic case files

79
Q

What is a docket?

A

Schedule of trials to be heard

80
Q

What is alternate dispute resolution?

A

Resolution of disputes in ways other than trials

Negotiation, mediation, arbitration

81
Q

What is negation?

A

Parties and attorneys

Settle dispute informally with or without attorneys present

82
Q

What is mediation?

A

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

83
Q

What arbitration?

A

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

84
Q

When can an arbitrator’s decision be overruled?

A

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

85
Q

What is an arbitration clause?

A

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

86
Q

Who provides add services?

A

Americans government

American arbitration association

87
Q

What are online dispute resolution?

A

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

Bus Law (4 decks)

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