Review Game Flashcards
What is the burden of proof in a civil trial?
Preponderance of the evidence
How many US Senators does TN have in Congress?
2
When a judge makes the decision or ruling in a trial this is called a… trial
bench
How long are the terms for TN Judges?
8 years
What is a petit jury?
decides if defendant is guilty or not guilty after a trial
How does someone become a TN Judge?
elected
How many judges are on the supreme court?
9
Name 1 judge on the supreme court
Clarence Thomas
What is it called when a judge rules consistently with previous cases?
stare decisis
who passes federal laws?
congress
Federal laws apply to…
every state
Jane from GA buys a TN house. Sally from Florida burns the TN house. Which state does jane sue?
TN
Jurisdiction from Jane question
in rem jurisdiction
Sam kidnaps individual in TN and takes individual to California. This is federal crime because this effects…
Interstate Commerce
Sam would be tried in the…
United States District Court of TN
How long does a person serve as a US District Court Judge?
Life
What is a Grand Jury?
a selection of jurors who will decide whether or not to indict a suspect
How many US house of representatives does TN have in Congress?
9
What’s the burden of proof in a criminal case?
Beyond reasonable doubt
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?
Trial court because its deciding if the case will continue on
Legal term when you narrow case down to the exact court
venue
What is challenge for cause?
Potential juror is dismissed for obvious bias
What is Voir Dire?
Question asked to potential jury “Are you going to be biased?”
Name 2 entities that would protect your personal assets
LLC & Corporation
Business has limited liability
LLC
Name of person you serve with the lawsuit if suing a corporation or limited liability
registered agent
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?
They will agree with Starbucks because the contract says $4
What type of business entity is Starbucks where you get the legal use of the trademark and name?
Chain style franchise
How long is a reserved name good for?
4 months
Jones Inc. Was created in Delaware but does business it, what type of corporation is this?
foreign
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.
limited partnership
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?
S Corp
Sally and I agree on 60-40 split for profits. Sally wants 50-50. Who will the court go with?
50-50 because we did not write down 60-40
Min and max for LLC
300-3,000
Name of document that makes LLC
Articles of Organization
Business entity is taxed as a partnership, limited liability and allows foreign investors
LLC
Name of document that makes corporation
Articles of incorporation
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?
Sole Proprietorship
Who would be liable for the $10,000 and why?
Jane
How many years is an assumed name good?
5 years
Name of the documents that details the internal workings of a LLC, S Corp or Corp?
Operating Agreement
What is Arbitration?
3rd party makes decision
Signed mandatory arbitration clause at my job. Not paid overtime. Filed lawsuit. What will court do?
Nothing because I gave up my right to go to court
What’s mediation?
Trying to settle a case
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?
Peremptory
What is legal term when the Plaintiff can collect from the wealthy partners?
Jointly and severally liable
what is in rem jurisdiction?
Court’s ability to have jurisdiction over property
