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Business Law 210 > Exam 1 > Flashcards

Exam 1 Flashcards

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1
Q

What are the five approaches to ethics?

A

Utility, rights, justice and fairness, virtues, and common good

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2
Q

Are ethics and laws the same?

A

Nope

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3
Q

What are the steps to making an ethical decision?

A

recognize the ethical issue, gather the facts, evaluate alternatives, make a decision, reflect on the outcome

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4
Q

What are ethics?

A

a set of rules of conduct (right vs wrong) recognized by a particular group

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5
Q

What is our court system meant to do?

A

settle disputes, establish rights, and provide a fair and justice to punish those who violate criminal codes

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6
Q

Where does a court case begin?

A

A trail court

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7
Q

What is a trial court?

A

The type of court case most commonly seen on TV. A court case begins in a trial court. This is where a jury hears the case, witnesses provide testimony, and a judge implements the law

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8
Q

What is jurisdiction?

A

Power of a court to hear a certain type of case

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9
Q

What is jurisprudence

A

The philosophy of law. This examines the ethical aspects of law.

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10
Q

What is a jury trial?

A
  • A given right in both civil and criminal cases under the Constitution.
  • The right to have your case hear in front of your peers
  • Jury determines the facts
  • Judge will make rulings of law
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11
Q

What is a bench trial?

A
  • Will be had if both parties waive their right to jury
  • Held in front of a judge only
  • The judge determines the facts
  • Judge will make the rulings of law
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12
Q

What is an appeal?

A
  • Civil case: when a party loses in trial court, he or she can file and appeal
  • Criminal case: only the defendant can file an appeal.
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13
Q

What happens when a case is appealed?

A

It goes to the appellate court?

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14
Q

What is an appellate and what is appellee?

A

Appellant: The party who loses in the trial court and brings the appeal
Appellee: The party who won at trial and now has to defend in the appellate court

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15
Q

What happens when someone loses an appeal?

A

They can appeal to the supreme court

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16
Q

What happens if someone loses at the supreme court level?

A

If a party loses at the state Supreme Court level, they file a writ of certiorari to the U.S. Supreme Court.

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17
Q

How long to federal judges remain in power and who are the appointed by?

A

They are appointed by the president (with approval from senate) for life

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18
Q

what is corporate social responsibility?

A

duty that decision makers owe to the society in general

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19
Q

What are the US District courts and how many are there?

A
  • 12 regions, 94 judicial districts (with a bankruptcy court)
  • Federal District Courts have jurisdiction to hear federal questions and diversity cases
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20
Q

What is a federal question?

A

a legal dispute based on a federal statute, treaty, or the U.S. Constitution.

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21
Q

What is diversity of citizenship?

A

when the parties are residents of different states and the amount in controversy exceed $75,000.

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22
Q

What is the forum state?

A

the state in which the court is located

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23
Q

If you appeal a case in the US District courts where does it go next? After that?

A

Each region has its own US Circuit Court of Appeals. After that, they go to the US Court of Appeals for the Federal Court

24
Q

When a case is appealed in the US Court of Appeals for the Federal Court, where does it go next?

A

US Supreme Court, even though the Supreme Court does not have to hear the case if they dont want to.

25
Q

How can you get your case heard by the supreme court?

A

To have your case heard by the Supreme Court you must file a writ of certiorari

26
Q

What kind of cases does the supreme court hear?

A

cases that require an interpretation of the constitution

27
Q

How many justices have to approve of the case to hear it in the supreme court?

A

4 out of 9 (Rule of Four)

28
Q

How many votes do you need to win in the supreme court?

A

Simple majority

29
Q 
What is it called when...
All the justices agree on a case?
The majority of justices agree?
They agree on the outcome but not the reason?
The decision is split down the middle?
A
  • If all of the Justices agree, it is called a unanimous decision which serves as precedent.
  • When the majority, but not all, of the Justices agree, it is a majority opinion which also serves as precedent.
  • When the majority of the Justices agree on the outcome of a case but not the reasoning, it is a plurality decision.
  • If an even number of Justices is deciding and they are split -down the middle, the decision of the lower court is automatically affirmed.
30
Q

Where does the supreme court voting take place?

A

judicial conference

31
Q

What is In personam jurisdiction?

A
  • Jurisdiction over an individual defendant
  • Requires defendant be a resident of the forum state
  • Physically present in the forum state
  • Subject to state’s long arm statute
32
Q

What is in rem jurisdiction?

A
  • Real or personal property involved in the dispute

- If disputed property is located within the forum state

33
Q

What is Quasi in rem jurisdiction?

A
  • Plaintiff forces defendant to sell certain property to pay money that is owed
  • If defendant owns property located within forum state, even if it’s not the subject of the original dispute
34
Q

What happens when a state and federal court has jurisdiction over a case?

A

The defendant gets to choose where the case is heard

35
Q

How is the venue chosen for cases?

A

State law provides that a lawsuit must be brought in a court located in the district where either the defendant or the plaintiff lives.

36
Q

What is Forum Non Conveniens?

A

asks the court to move the case to a more convenient courthouse even though the original court has jurisdiction

37
Q

What is an alternative dispute resolution?

A

Many businesses and individuals forego court and chose other dispute resolution mechanisms which are called alternative dispute resolutions

38
Q

What are the three main types of alliterative dispute resolutions?

A

arbitration
mediation
negotiation

39
Q

What is arbitration as a alternative dispute resolution?

A

Arbitration is the legal process where a neutral third party called the arbitrator hears the dispute and makes a decision.

40
Q

What is negotiation as an alternative dispute resolution?

A

Negotiation is the process by which the attorneys for the parties try to come to a resolution on behalf of their clients.

41
Q

What is a civil lawsuit?

A

when someone is injured, they may seek damages from the party who injured them by filing a lawsuit.

42
Q

What is a cause of action?

A

the legal claim needed in order to recover damages

43
Q

What is the “pleading” in a civil lawsuit?

A

When someone complains about another person. After they have filed their complaint, the defendent gets a summons which says the day and time in which they have to respond by. He can either answer or file a motion to dismiss.

44
Q

What is a motion to dismiss in a civil lawsuit case?

A

used to convince the court that even if everything that the plaintiff said in the Complaint was true, it must be dismissed because the jurisdiction does not recognize that type of lawsuit either because it contains no valid claim or it is defective in some way

45
Q

How can the defendant respond to a summons?

A

An affirmative defense is a legal position which would defeat the claim such as truth in the case of defamation.
A counterclaim is a claim for relief by the defendant against the plaintiff under his own theory of recovery arising out of the same set of facts.
In most jurisdictions, in response to a counterclaim, the plaintiff would then need to file a reply, which is a similar form to an answer.

46
Q

What is the discovery the a civil lawsuit?

A

the way in which the parties can obtain information in the other party’s possession.
A discovery can include:Depositions
Interrogatories
requests for the production of documents
requests for admissions
requests for physical or mental examination.

47
Q

What is a deposition in a civil lawsuit?

A

: Oral testimony of a witness or a party recorded by a court reporter to be preserved for trial

48
Q

What is summary judgement motion?

A

filed if one or both of the attorneys believes there are no genuine issues of material fact

49
Q

What is voir dire?

A

The process of choosing a jury

50
Q

What is a direct examination and a cross examination in a civil lawsuit?

A

Direct Examination: When an attorney question his or her witness
Cross Examination: When the opposing party questions the same witness

51
Q

What is common law?

A

Common law (also known as case law or precedent) is law developed by judges, courts, and similar tribunals, stated in decisions that nominally decide individual cases but that in addition have precedential effect on future cases.

52
Q

What is statutory law?

A

Statutory Law is the term used to define written laws, usually enacted by a legislative body. Statutory laws vary from regulatory or administrative laws that are passed by executive agencies, and common law, or the law created by prior court decisions.

53
Q

is common law or statutory law more superior?

A

Statutory law is more superior

54
Q

What is substantive law?

A

Statute that establishes rights, duties and liabilities of people in society.

55
Q

What is procedural law?

A

Statute that sets forth the rules which must be complied within pursuing a court case under either criminal or civil statutes

56
Q

What is the Plain Meaning Rule?

A

If the statute is clear in meaning and intent it is applied to the facts as written.

Business Law 210 (4 decks)

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