MGMT 311 Exam 1 - FLASHCARDS - Chapter 4

Question 1

What is the difference between plantiff and defendant?

Answer 1

The plaintiff is the person(s) who has alleged that wrongdoing has been done to them. The Defendant is the person or entity that has been accused of committing a wrongful act. The plantiff files a lawsuit against the defendant

Question 2

What is the Judiciary’s Role in the American Government?

Answer 2

Judicial review

Question 3

What was Marbury v Madison?

Answer 3

U.S. Supreme Court decision that established for the first time that federal courts had the power to overturn an act of Congress on the ground that it violated the U.S. Constitution

Question 4

What is the definition of jurisdiction?

Answer 4

power to speak the law.

Question 5

Who initiates a lawsuit?

Answer 5

Plantiff

Question 6

What courts exercise jurisdiction over the person or property (In Personam)?

Answer 6

State courts have power over the person or business

Question 7

Who are courts with personal jurisdiction concerned whether they have power over?

Answer 7

The defendant

Question 8

Who has jurisdiction over residents of a state?

Answer 8

State courts

Question 9

What makes a business a resident of a state?

Answer 9

businesses are residents of the state where they are created and where they do most of their business

Question 10

True or false: a business is a resident of the state they do business in?

Answer 10

False. Businesses are residents of the state where they do most of their business. Could be a different state than where they are created

Question 11

What type of jurisdiction do state courts have over non residents?

Answer 11

Long arm jurisdiction

Question 12

What is long arm jurisdiction?

Answer 12

Under the authority of a state long arm statute, a court can exercise personal jurisdiction over certain out-of-state defendants based on activities that took place within the state.

Question 13

What do long arm statutes require of the non resident defendant to justify the court allowing jurisdiction over them?

Answer 13

minimum contacts. Enough connections to the state

Question 14

What are examples of minimum contacts for long arm jurisdiction if the defendant is an individual?

Answer 14

i. They injure someone within the state
ii. Breach or form a contract within the state
iii. Come to the state regularly to do business

Question 15

What are Examples of minimum contacts for long arm jurisdiction if the defendant is a corporation?

Answer 15

i. do business within the state
ii. advertise or sell products within the state
iii. place goods in the stream of commerce with expectation of purchase by residents of that state

Question 16

True or false: Courts prefer to have power over the people, not property?

Answer 16

TRUE

Question 17

The more the minimum contacts, the more likely the court is to exert long arm jurisdiction

Answer 17

.

Question 18

What is In Rem jurisdiction?

Answer 18

Used in disputes where property ownership is the subject matter of the controversy. Fighting over who owns property.

Question 19

What four rules need to be present for In Rem jurisdiction to take place?

Answer 19

1. Used in disputes where property is the subject matter of the controversy. Fighting over who owns property. Is it Pam’s car or Dan’s car
2. Property must be within area in which court sits (court’s territorial jurisdiction).
3. Allows party to file an action against a non-resident personally in a court that can exercise jurisdiction over the nonresident’s property.
4. Used when Long-Arm Jurisdiction (in personam jurisdiction) cannot be established over the nonresident.

Question 20

Where must the property be for In Rem jurisdiction to take place?

Answer 20

Property must be within area in which court sits (court’s territorial jurisdiction)

Question 21

True or false: if the four rules of In Rem jurisdiction are not all happening at once, there can be In Rem jurisdiction?

Answer 21

FALSE

Question 22

What is subject matter jurisdiction?

Answer 22

Limits on types of cases a court can hear. Limit on the court itself

Question 23

True or false: subject matter jurisdiction can be waived?

Answer 23

False. It can never be waived

Question 24

What are courts of general jurisdiction?

Answer 24

Courts have the power to hear lots of different types of cases

Question 25

What are courts of limited jurisdiction?

Answer 25

Courts are limited as to what type of cases they can hear

Question 26

What is an example of a state court with limited jurisdiction?

Answer 26

probate court

Question 27

What is an example of a federal court with limited jurisdiction?

Answer 27

Bankruptcy court

Question 28

Courts’ Subject Matter Jurisdiction is defined by statute or constitutional provision creating the court and can be limited by:

Answer 28

1.) subject of the lawsuit
2.) amount of money in controversy
3.) if criminal, seriousness of the crime
4.) whether it’s a trial or an appeal

Question 29

What type of jurisdiction refers to a court hearing a case for the first time?

Answer 29

Original jurisdiction

Question 30

What type of jurisdiction refers to a reviewing court?

Answer 30

Appelate jurisdiction

Question 31

What is the highest court in the United States with appellate jurisdiction?

Answer 31

U.S. Supreme Court

Question 32

What is a question of law in this case based at least in part on some source of federal law?

Answer 32

Federal questions

Question 33

When does diversity of citizenship jurisdiction exist?

Answer 33

Plaintiff and Defendant must be Citizens/Residents of different states, and the dollar amount in controversy must exceed $75,000

Question 34

True or false: if the dollar amount it less than $75,000, diversity jurisdiction exists?

Answer 34

FALSE

Question 35

Does just doing business in a state make you a citizen of that state?

Answer 35

No. You have to do MOST of your business in the state

Question 36

What courts cover issues of personal injuries and breach of contract?

Answer 36

State courts

Question 37

What makes corporations citizens of states?

Answer 37

Corporations are citizens of the state of incorporation and of the state in which its principal place of business (headquarters/main factory/ most of its business) is located.

Question 38

For diversity jurisdiction to occur, does the plaintiff need to be a citizen of a different state from the defendant?

Answer 38

Yes

Question 39

What type of jurisdiction is it when the case can be filed within both federal and state courts?

Answer 39

Concurrent jurisdiction

Question 40

What type of jurisdiction is it when only one system of courts can hear the case (federal or state)?

Answer 40

Exclusive jurisdiction

Question 41

What courts cover bankruptcy, patents, copyrights?

Answer 41

Federal

Question 42

What courts cover divorce and adoption?

Answer 42

State

Question 43

True or false: bankruptcy lawsuits go to state court?

Answer 43

FALSE

Question 44

True or false: copyright lawsuits go to state court?

Answer 44

FALSE

Question 45

What are international jurisdiction issues rooted in?

Answer 45

rooted in the idea of long arm jurisdiction

Question 46

What is the geographical location most appropriate for the trial to occur?

Answer 46

Venue

Question 47

When is the venue proper?

Answer 47

Venue is proper where the cause of action occurs and where the defendant resides

Question 48

True or false: court can still hear case even if venue not proper there?

Answer 48

TRUE

Question 49

What is the only state to have two high courts?

Answer 49

Texas

Question 50

If plantiff doesn’t have standing, will any court anywhere have jurisdiction?

Answer 50

No

Question 51

What does it mean for the plantiff to have standing to sue?

Answer 51

Plantiff has sufficient stake in the outcome - legally entitled the remedies of the court, and plantiff has to show that there is a justiciable controversy - a controversy ready for judicial review which is real and non hypothetical

Question 52

True or false: in order to have standing to sue, the plantiff must have a legally protected and tangible interest at stake?

Answer 52

TRUE

Question 53

True or false: in order to have standing, the plantiff must have been injured or have been threatened with injury by the action?

Answer 53

TRUE

Question 54

How many court systems are in the United States?

Answer 54

52

Question 55

What are trial courts also known as?

Answer 55

Federal district courts

Question 56

What are Courts of Appellate Jurisdiction also known as?

Answer 56

circuit court of appeals

Question 57

What type of jusisdiction does the Supreme Court have?

Answer 57

Civil jurisdiction

Question 58

What type of jusisdiction does the court of criminal appeals have?

Answer 58

Criminal jurisdiction

Question 59

How many justices does the Supreme Court have?

Answer 59

9 justices

Question 60

How many judges does the court of criminal appeals have?

Answer 60

9 judges

Question 61

What is the dollar amount for cases in district courts?

Answer 61

Cases above $250,000

Question 62

What courts handle people’s estates after they pass away?

Answer 62

Probate courts

Question 63

What is the dollar amount for county courts at law cases in Brazos county?

Answer 63

Cases up to $250,000

Question 64

What courts have limited criminal jurisdiction?

Answer 64

Municipal courts

Question 65

What courts have limited civil and criminal jurisdiction and have a case dollar amount of up to $20,000?

Answer 65

Justice of the peace courts

Question 66

What is a form of alternate dispute resulution where the parties reach an agreement themselves with the help of a mediator?

Answer 66

Mediation

Question 67

What is a form of alternate dispute resolution where you have a third party called an arbitrator who hears the case and decides it?

Answer 67

Arbitration?

Question 68

What is binding arbitration?

Answer 68

Arbitrator’s decisions are final

Question 69

Randolph was recently arrested for violating a local ordinance that prohibits citizens from wearing clothing that exhibits obscene language. He thinks the ordinance is unfair, because it does not clearly explain what “obscene” means, so Randolph fights the charge in court. The court finds in Randolph’s favor, holding that the ordinance is void for vagueness, and strikes it down. In striking down the statute created by the legislature, the court was exercising the power of

Answer 69

judicial review

Question 70

Sanchez and Yan entered into a contract that required Sanchez to deliver 20 textbooks to Yan’s bookstore every month by the 15th raised to the th power of the month. Six months after Sanchez and Yan entered into this contract, Sanchez breached the contract by not delivering the textbooks to Yan’s bookstore. After Sanchez breached the contract, Yan sued Sanchez for her damages. Yan must choose the appropriate court in which to file her lawsuit. To do this, Yan needs to be sure the court has

Answer 70

both subject matter and in personam jurisdiction in the case.

Question 71

For the past year, Zegrida has been writing a historical fiction novel based on the experiences of her family as they immigrated to the United States from Latvia during World War II. When finished, Zegrida contacted a publisher and was shocked to discover that her book had just been published two weeks ago with Fran, a business acquaintance of Zegrida, listed as the author. Two months ago, Zegrida had asked Fran to review the book and give feedback, but instead, Fran published the book under Fran’s own name. Zegrida plans to sue Fran for copyright infringement and is trying to decide in which court to sue. Zegrida must sue Fran

Answer 71

in federal district court because the suit involves a copyright issue

Question 72

Andre is involved in a business dispute with his former partner, Ned. Instead of filing a lawsuit, Andre and Ned decide to use alternative dispute resolution (ADR) to settle their dispute. Andre and Ned choose to present their case to a neutral third party, and that third party will decide the case. The form of ADR that Andre and Ned have decided to use is

Answer 72

Arbitration

Question 73

Mary and Hanna, who are Tennessee residents, were traveling through Mississippi when they were involved in an automobile accident with Franco, who is a resident of Mississippi. Franco sues Mary, who was driving the car, in federal court in Mississippi and asks for $100,000 to reimburse him for his medical bills and lost wages. In deciding the case, what law will the federal district judge apply?

Answer 73

State law