Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

BUS 130 Legal > Chapter 2 : The Court and Dispute > Flashcards

Chapter 2 : The Court and Dispute Flashcards

1
Q

Business disputes can be resolved in court or ..

A

alternative dispute resolution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is a court , what does it do

A

it is a tribunal established by the government to hear evidence, decide cases brought before it, and provide remedies when a wrong has been committed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

How can courts sometimes prevent wrongs

A

issuing the equitable remedy of an injunction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is the authority of courts to hear a case(s)

A

jurisdiction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What does subject matter jurisdiction cover

A

the type of case the court has authority to hear

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is original jurisdiction

A

courts that have the authority to hear the original proceedings of a case (the trial court)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Witnesses testify documents are admitted into evidence, and the jury, in the case of a jury trial, hears all the evidence and then makes a decision.

This is an example of what

A

original jurisdiction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

General jurisdiction

A

has broad authority to hear general civil and criminal cases

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What does a general jurisdiction serve if the trial court hears criminal cases

A

it serves as the trial court for those charged with crimes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What does a general jurisdiction serve if the trial court hears civil cases

A

they handle cases involving breach of contract and personal injury

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

A court with limited or special jurisdiction has the authority to what

A

to only hear particular kinds of cases

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Many states have courts that can hear only disputes in which the damages are between $10,000 and $50,000.

What kind of jurisdiction handles this

A

special/limited jurisdiction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Examples of special and limited jurisdiction courts

A

probate court, juvenile court , and domestic relations court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What are the limited and special jurisdiction in the federal court

A

bankruptcy courts and US tax court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Appellate jurisdiction

A

reviews the work of the lower court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

An appellate court does and does not

A

does not hear witnesses or take testimony

they simply review the transcript and evidence from a lower court and determine weather there has been a reversible error

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

An appeal is a

A

review of the trial and decision of the lower court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Reversible Error

A

a mistake in applying the law or mistake in admitting evidence that affected the outcome of the case

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Action taken by an appellate court that approves the decision of the court below.

A

affirm

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Term used when an appellate court sends a case back to trial court for additional hearings or a new trial.

A

remand

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

How many levels of courts are in the federal court system

A

3

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

The federal district courts are the

A

general trial courts of the federal system

courts of original jurisdiction that hear criminal and civil cases

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Criminal cases in federal district courts are those in which the defendant is charged with a violation of…

A

FEDERAL law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What types of civil cases can be bought in federal district courts

A

civil suits in which US is a party

cases between citizens of different states that involve damages of $75,000 or more

cases under USC or federal laws and treaties

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

How many federal district courts are there

A

94 (89 in the US)
amount of federal courts per state depends on population

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

The limited jurisdiction in federal courts includes

A

federal bankruptcy courts, indian tribal courts, tax courts, court of federal claims, court of veterans appeals, and court of international trade

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

In the federal court system during a final decision/appeal, the federal districts are grouped how

A

in 12 judicial circuits including the 13th called the federal circuit which hears certain types of appeals from all the circuits including patent appeals

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

en banc

A

requesting full panel to hear your case (3 judges)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

The U.S. Supreme Court has appellate jurisdiction over cases that are appealed from the _________ as well as from __________ when a constitutional issue is involved in the case or a ___________

A

federal court of appeals

state supreme courts

state court has reversed a federal court ruling.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

Writ of Certiorari

A

the U.S. Supreme Court granting a right of review by the court of a lower court decision.

(because they don’t have

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

What is the only court expressly created in the constitution

A

US constitution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

All other courts besides the US constitution were created by what

A

Congress

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

The US constitution make the US Supreme Court of what jurisdiction

A

original

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

What general trial courts are part of the state court system?

A

superior courts, circuit courts, district courts or county courts

these courts have original and general jurisdiction

35
Q

states with specialty courts have what jurisdiction

A

limited

most states have juvenile courts, or courts with limited jurisdiction over criminal matters that involve defendants who are under the age of 18. Other specialty courts or lesser courts in state systems are probate and family law courts.

36
Q

Municipal courts / justice courts

A

limited jurisdiction

these courts handle civil matters in which the claim made in the suit is an amount below a certain level

these courts may also handle misdemeanor types of offenses such as traffic violations, noise

37
Q

Small claims courts

A

city or county level

courts that resolve disputes between parties when those disputes do not exceed a minimal level; no lawyers are permitted; the parties represent themselves.

38
Q

What are benefits of small claims court

A

faster and inexpensive

39
Q

State Appellate Courts

A

appellate jurisdiction

reviews decisions of lower courts in that state

decisions of the general trial courts in a state would be appealed to these courts.

40
Q

Highest court in most states

A

state Supreme Court

41
Q

State Supreme Court

A

every state is different with its jurisdiction

the decision of the state Supreme Court is final

42
Q

Court Procedure

A

Once a party decides to use the court system for resolution of a dispute, that party enters a world with specific rules, procedures, and terms that must be used to have a case proceed.

43
Q

Plaintiff

A

party who initiates a lawsuit ( in a court of original jurisdiction)

44
Q

Prosecutor

A

party(lawyer) who originates a criminal proceeding against defendant

45
Q

Defendant

A

party against who is charged for the violations (the accused )

46
Q

Judge

A

Primary officer of court

47
Q

Attorney Client Privilege

A

Lawyers cannot disclose what their clients tell them unless the client is committing, or plans to commit a crime.

48
Q

Jury

A

a body of citizens sworn by a court to determine by verdict the issues of fact submitted to them.

49
Q

Conflict of laws

A

principle that determines when a court applies the laws of its own state , the law of the forum, or a foreign law

EX a California court will apply Swiss law to a contract made in Switzerland that is to be performed in that country.

50
Q

How does a lawsuit begin

A

with the file of a complaint

51
Q

Process ( writ, notice, summons)

A

paperwork served personally on a defendant in a civil case

52
Q

Steps in order for a lawsuit

A

complaint,
serve process
defendant’s response and pleading
discovery
deposition

53
Q

What are defendants options for response to process

A

motion to dismiss/demurrer
deny
counterclaim

54
Q

Motion to Dismiss / Demurrer

A

request the court to dismiss the lawsuit even if everything the plaintiff said was true there is no reason for right of recovery

55
Q

Counterclaim

A

asking court for damages as a result of dispute

56
Q

Pleadings

A

The pleadings are a statement of the case and the basis for recovery if all the facts alleged can be proved

57
Q

Discovery

A

procedures for ascertaining facts before the time of trial to eliminate the element of surprise in litigation.

58
Q

Deposition

A

testimony of a witness taken out of court under oath

59
Q

Impeach

A

using prior inconsistent evidence to challenge the credibility of a witness

60
Q

interrogatories

A

written questions for discovery tool that must be answered under oath

61
Q

Request for production of documents

A

uncovering paper evidence (used for discovery)

62
Q

Motion for Summary Judgement

A

request that the court decide a case on the basis of law because there are no material issues of facts.

63
Q

Expert Witness

A

witness with special expertise

64
Q

Order of Steps in the Trial

A

Selecting a Jury
Opening Statments
Present Evidence
Motion for a Directed Verdict
Closing Arguments or Summation
Motion for Mistrial
Jury Instructions and Verdict
Motion for New Trial

65
Q

Voir Dire examination (jury selection)

A

Jurors drawn for service are questioned by the judge and lawyers to determine whether they are biased or have any preformed judgments about the parties in the case.

66
Q

Peremptory Challenge

A

challenge that is used to strike (remove) a juror for any reason except on racial grounds.

67
Q

Opening Statements

A

statements by opposing attorneys that tell to the jury what their cases will prove.

68
Q

Admissibility

A

the quality of the evidence in a case that allows it to be presented to the jury.

69
Q

Direct Examination

A

examination of a witness by his/her attorney.

plaintiff conducts this of his witness

70
Q

Cross Examination

A

the examination made of a witness by the attorney for the adverse party.

defense attorney conducts this to plaintiffs witness

71
Q

Redirect Examination

A

questioning after cross examination

72
Q

Recross Examination

A

after redirect examination

73
Q

Motion for a Directed Verdict

A

asks the court to grant a verdict because even if all the evidence that has been presented by each side was true, there is either no basis for recovery or no defense to recovery.

the party has not presented enough evidence to show that there is some right of recovery under the law.

74
Q

Summation

A

closing arguments- a summary of the case and urging of jury to reach a particular verdict

75
Q

Mistrial

A

requires a do-over = new jury

can be declared for attorney or jury misconduct

76
Q

instructions (for Jurys)

A

summary of the law given to jurors by the judge before deliberation begins.

77
Q

non obstante veredicto
or
judgement nov (notwithstanding of verdict)

A

if the verdict is clearly wrong as a matter of law

78
Q

Alternative Dispute Resolution

A

nonjudicial methods for resolving disputes such as arbitration and mediation.

79
Q

Arbitration

A

Arbitration enables the parties to present the facts before trained experts familiar with the industry practices that may affect the nature and outcome of the dispute.

arbitrators are disinterested people selected by the parties to the dispute

80
Q

Mediation

A

the settlement of a dispute through the use of a messenger who carries to each side of the dispute the issues and offers in the case. mediator has no authority on decision

81
Q

Reference to a third person

A

settlement that allows a nonparty to resolve the dispute.

82
Q

Summary jury trial

A

mock trial for the jury to get a feel for how it works

83
Q

Rent a judge plan

A

dispute resolution through private courts with judges paid to be referees for the cases.

84
Q

Minitrial

A

a trial held on portions of the case or certain issues in the case.

BUS 130 Legal (6 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions