Module 1

Question 1

Jurisdiction

Answer 1

Geographic area in which a court has power.
“The Power to speak the law”
The extent of the power to make legal decisions.

Question 2

Difference between subject matter and personal jurisdiction

Answer 2

• Personal- A courts jurisdiction over the parties to a lawsuit (jurisdiction over the law & facts involved) MINIMUM CONTACTS
• Subject Matter- Authority of a court to hear cases of a particular type. Ex: bankruptcy court deciding on bankruptcy.

Question 3

Identify the standard used to determine whether a court can exercise personal jurisdiction over an out of state defendant.

Answer 3

Long Arm Statutes- allows for a state court to obtain personal jurisdiction over an out-of-state defendant on the basis of certain acts committed.

*Minimum Contacts- defendant must have sufficient connection to the state for the judge to conclude that it is fair for the state to exercise power over the defendant. Ex: out of state person selling defective products within the state.

Question 4

Federalism/Federal Form of Government

Answer 4

Form of government in which the national government and the states share sovereign power.

Question 5

Full Faith & Credit

Answer 5

Applies only to civil matters.
Ensures that rights established under deeds, wills,contracts, and similar things in one state will be honored in another.

Question 6

Due Process

Answer 6

Fair Treatment of the law to the citizens

Came about from the 14th amendment.

Question 7

What is commercial speech?

Identify the 3 criteria that a regulation of commercial speech must satisfy in order to be constitutional.

Answer 7

Commercial Speech: communication made by business firms that involve only their interests (advertising & marketing).
1. Must seek to implement a substantial government interest. 2. Must directly advance the interest. 3. Must not go any further than necessary to accomplish its objective.

Question 8

Identify the primary distinctions between the common law and civil law system.

Answer 8

Common Law: Courts independently develop the rules governing certain areas of law. Stare Decisis obligates judges to follow precedential decisions in their jurisdiction, but courts can modify/overturn precedents.
Civil Law: based on “code law”. Primary source of law is statutory code. Courts interpret the code and apply them to individual cases, and courts cannot breakaway from the law in place.

Question 9

Identify, Define, and distinguish between the 3 legal principles employed by courts to resolve/reduce conflicts that involve a foreign element.

Answer 9

1. Principle of Comity- Legal Reciprocity. One nation will give effect to legislation of another nation so long as its compatible with each other.
2. Acts of State Doctrine- judicial branch of one country wont examine the validity of public acts committed by a foreign gov. Within the latters own territory.
3. Doctrine of Sovereign Immunity: exempts foreign nations from the jurisdiction of the U.S. courts when specific requirements are filled.

Question 10

Restraint of Trade

Answer 10

actions that interfere with free competition within a market.
SHERMAN ACT- this is where it comes into play

Question 11

Vertical & Horizontal restraints of trade

Answer 11

1. Vertical- results from an agreement between firms at different levels in the manufacturing and distribution process
2. Horizontal- restrains competition between rival firms competing in the same market. Ex: price fixing, boycotting, market division.

Question 12

Difference between the per se rule & the rule of reason.

Answer 12

1. Per se: certain activities will automatically be deemed unlawful ( price fixing)
2. Rule of Reason: Courts look at facts surrounding business practices before deciding whether it helps or hurts competition.

Question 13

Territorial Restriction

Answer 13

An attempt to prohibit wholesalers/retailers from selling the products to certain classes/buyers, such as competing retailers.