Review Game Flashcards

1
Q

What is the burden of proof in a civil trial?

A

Preponderance of the evidence

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2
Q

How many US Senators does TN have in Congress?

A

2

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3
Q

When a judge makes the decision or ruling in a trial this is called a… trial

A

bench

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4
Q

How long are the terms for TN Judges?

A

8 years

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5
Q

What is a petit jury?

A

decides if defendant is guilty or not guilty after a trial

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6
Q

How does someone become a TN Judge?

A

elected

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7
Q

How many judges are on the supreme court?

A

9

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8
Q

Name 1 judge on the supreme court

A

Clarence Thomas

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9
Q

What is it called when a judge rules consistently with previous cases?

A

stare decisis

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10
Q

who passes federal laws?

A

congress

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11
Q

Federal laws apply to…

A

every state

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12
Q

Jane from GA buys a TN house. Sally from Florida burns the TN house. Which state does jane sue?

A

TN

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13
Q

Jurisdiction from Jane question

A

in rem jurisdiction

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14
Q

Sam kidnaps individual in TN and takes individual to California. This is federal crime because this effects…

A

Interstate Commerce

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15
Q

Sam would be tried in the…

A

United States District Court of TN

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16
Q

How long does a person serve as a US District Court Judge?

A

Life

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17
Q

What is a Grand Jury?

A

a selection of jurors who will decide whether or not to indict a suspect

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18
Q

How many US house of representatives does TN have in Congress?

A

9

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19
Q

What’s the burden of proof in a criminal case?

A

Beyond reasonable doubt

20
Q

In West v. Exxon, the trial court dismissed Exxon from the case. Eventually the case ended up in the Tennessee Supreme Court which ruled that Exxon would not be dismissed from the case. Which court will conduct the trial?

A

Trial court because its deciding if the case will continue on

21
Q

Legal term when you narrow case down to the exact court

A

venue

22
Q

What is challenge for cause?

A

Potential juror is dismissed for obvious bias

23
Q

What is Voir Dire?

A

Question asked to potential jury “Are you going to be biased?”

24
Q

Name 2 entities that would protect your personal assets

A

LLC & Corporation

25
Q

Business has limited liability

A

LLC

26
Q

Name of person you serve with the lawsuit if suing a corporation or limited liability

A

registered agent

27
Q

Starbucks franchise agrees to charge $4. However I open a Starbucks and want to charge $6. If Starbucks files a lawsuit what will the court say?

A

They will agree with Starbucks because the contract says $4

28
Q

What type of business entity is Starbucks where you get the legal use of the trademark and name?

A

Chain style franchise

29
Q

How long is a reserved name good for?

A

4 months

30
Q

Jones Inc. Was created in Delaware but does business it, what type of corporation is this?

A

foreign

31
Q

This has a silent partner. If the partner stays silent and you file with the necessary paper, the silent partner will not have personal liability.

A

limited partnership

32
Q

You and Joe own a company and you want to have limited liability and to be taxed as a partnership Joe contributes $80,000 for capital. You contribute

$20,000. What type of entity requires you take 20% of the profits while Joe MUST take the other 80% and is taxed as a partnership?

A

S Corp

33
Q

Sally and I agree on 60-40 split for profits. Sally wants 50-50. Who will the court go with?

A

50-50 because we did not write down 60-40

34
Q

Min and max for LLC

A

300-3,000

35
Q

Name of document that makes LLC

A

Articles of Organization

36
Q

Business entity is taxed as a partnership, limited liability and allows foreign investors

A

LLC

37
Q

Name of document that makes corporation

A

Articles of incorporation

38
Q

Jane owns a JS Beauty Supply Store. Jane orders $12,000 of supplies from Hair R Us Inc. Jane is to pay in monthly installments. A couple of months Jane can’t sell her products, so she quits making payments. Hair R Us Inc sues for $10,000. What business entity is JS Beauty Supply Store?

A

Sole Proprietorship

39
Q

Who would be liable for the $10,000 and why?

A

Jane

40
Q

How many years is an assumed name good?

A

5 years

41
Q

Name of the documents that details the internal workings of a LLC, S Corp or Corp?

A

Operating Agreement

42
Q

What is Arbitration?

A

3rd party makes decision

43
Q

Signed mandatory arbitration clause at my job. Not paid overtime. Filed lawsuit. What will court do?

A

Nothing because I gave up my right to go to court

44
Q

What’s mediation?

A

Trying to settle a case

45
Q

During jury selection in a personal injury motor vehicle accident case, the Plaintiff’s attorney determines that he will reject one juror because that juror is an accountant. What is this legal basis called?

A

Peremptory

46
Q

What is legal term when the Plaintiff can collect from the wealthy partners?

A

Jointly and severally liable

47
Q

what is in rem jurisdiction?

A

Court’s ability to have jurisdiction over property