Business Law Chapter 1 & 3
If a plaintiff is asking for a remedy which is entitled to them by law they are seeking for.
A remedy at law.
Action in equity.
Seeking equitable relief or a specific performance.
Long arm statute.
A statute that permits a state to obtain personal jurisdiction over nonresident defendants based on thier minimum contacts.
Another term for adjudication.
Passing judgement.
A civil law obtains what .
Remedy.
Name some classifications of law.
1. Substantive law. 2. Procedural law. 3.Federal law. 4. State law. 5. Private law. 6. Public law. 7. Civil law. 8. Criminal law. 9. National law 10. International law.
When a president vetoes a bill twice congress can take a vote to automatically turn the bill into a law this process is referred to as.
Overriding a veto.
Police powers.
Powers that may be exercised to protect or promote the public order, health, safety, morals and general welfare.
Administrative law.
Rules, regulations and orders created by administrative agencies.
Mediation.
Settling of disputes outside the court by using services of a neutral 3rd party who acts as a communicating agent between the parties and assist in negotiating a settlement.
Arbitration.
settling of disputes by submitting it to a disinterested third party other than a court to render a decision that is most often legally binding.
A defendant can only be round liable or not liable in which courts.
A civil court.
Stare Decisis.
A common law teaching under which judged are obligated to follow the precedents established in prior decisions.
What is a Uniform law.
A model law created by the NCCUSL which could be adopted or rejected by the states.
Remedy.
A relief given to an innocent party to enforce a right or compensate for the violation of a right.
A defendant is the person who initiates a lawsuit. True or False.
False
When the founding fathers first arrived in the America's they lived
Settlements
Constitutional law.
The supreme law of the land which carves out the rights of the federal and state government.
Statutory laws are laws made by legislatures only. True/False?
True.
The executive branch of government investigate and enforce laws. True or False.
True.
The federal government and the state government have separate written constitutions. True or False.
True.
Al went to a post office in Oxford, a small rural community in the state of Georgia and held up the only female employee in the office with a to gun and threatened to rape her. An ambulance which was driving by turned on its siren. Al heard the siren and thought it was the police so he quickly run out and jumped into his car and drove off. While driving back to Florida where he lived, he was stopped and ticketed by Atlanta police speeding. He was later arrested in Florida and charged with assault and attempted rape. Al was jailed for five years for the attempted rape. Al's attempted rape was held in which court?
US District Court.
Natural law?
Violation of a law that is given by nature ( shocking to the conscience)
Personam Jurisdiction.
When a court exercises jurisdiction over a person of business that resides in a specific geographical area.
Diversity of citizenship.
When a federal court has jurisdiction of a case cause the both parties are from different states and when the dollar amount in controversy exceeds, $75,000.
Preemption.
When a federal law takes precedence over a state or a local law.
Litigation.
When a plaintiff goes to court to file a lawsuit against a defendant and goes to a judge to resolve the case.
What is a veto.
When a president refuses to sign a bill to make it a law.
Remedies at law.
When an award in a form of money or property is given as a compensation to a person who has been wronged.
In Rem Jurisdiction.
When the court exercises jurisdiction over a property located within its boundaries.
International law.
Written or unwritten laws that govern the relationship between nations.
What is a civil wrong?
Wrong that is intentional.
Common law.
Laws that were developed in the English courts and the U.S. courts.
In a civil court what kind of charges can be filed.
Lawsuits.
Which branch of government formulates or makes new laws.
Legislative.
Jurisdiction over subject matter.
Limitations on the types of cases a court can hear.
Who prosecutes a criminal law.
Local authorities, state officials and federal government. (never a private party.)
In which of the following cases did the court say that the judiciary has the power to review actions involving the other branches of government?
Marbury vs Madison.
Lewinsky files a suit against her husband Bill in NJ state court court where bill pleaded not guilty to the charge of attempted rape. The case was heard in which court?
NJ Superior Court Chancery Division.
What that NCCUSL stand for.
National Conference of Commissioners on Uniform State Law.
What happens when the plaintiff does not want a compensation from the king's court.
No remedy, no right.
A defendant who loses a case at a state's highest court may appeal the case to?
None of the above
Where do courts often refer for guidance in interpreting and applying the primary sources of law.
Secondary sources of law.
Local ordinances.
Statutory laws passed by a city or county.
Which clause renders the U.S. Constitution the supreme law of the land.
The Supremacy Clause.
Who is the accused person in criminal proceeding.
The defendant.
Which amendment does freedom of speech, religion and press fall under.
The first amendment.
What are the Bill of Rights.
The first ten amendments of the U.S. constitution.
What is a state highest court.
The state supreme court.
Jurisprudence
The study of law.
What does the judiciary branch of government do.
They interpret and adjudicate the law.
Judicial review.
This decides whether the laws or actions of the other to branches are constitutional or not.
Interstate commerce.
Trade among states.
Intrastate commerce.
Trade within a state.
A bankruptcy court has limited jurisdiction and only handles bankruptcy proceedings. True or False.
True.
One is liable in a civil court and guilty in a criminal court. T/F
True.
An arbitration decision can be set aside by a court if.
a. unfairness b. violates public policy c. exceeds arbitrator's power.
What makes up an administrative agency.
federal, state or a local government agency which has been established to perform a specific function.
Positive law?
(positivist) refer to the book to make decisions.
What are the 2 distinct court systems.
1. Action at law. 2. Action in equity.
Secondary sources of U.S. Law
1. Books and articles that summarize and clarifies the primary sources of law. 2. Legal encyclopedias. 3. Treaties.
What are sources of American law.
1. Constitutional law. 2. Statutory law. 3. Administrative law. 4. Case law. 5. Common law.
What are the two distinct courts.
1. General (unlimited) jurisdiction. 2. Limited jurisdiction.
What are the 3 branches of government.
1. Legislative. 2. Executive. 3. Judicial.
What are some examples of statutory laws?
1. Local ordinances. 2. Federal statute.
States courts in order of hierarchy.
1. N.J. supreme court. 2. N.J. superior court.
What are the 3 steps in legislative rule making.
1. Public notice. 2. Ample time is given for comments. 3.Drafting and publishing of final rule.
Examples of federal courts.
1. U.S. Supreme court. 2. U.S. courts of appeals. 3. U.S. district court.
Primary sources of U.S. Law
1. U.S. and state constitution. 2. Statutes/ law passed by congress. 3. Regulations created by administrative agencies. 4. Case law (court decisions).
A case that has been brought to court for the first time is known as.
A case of first impression.
Legal Realism?
A judge's own personal bias.
Statute.
A written law passed by a legislative body.
When a person or a firm is charged with violating a law enforced by a particular administrative agency the process of rendering a judicial decision is know as.
Adjudication.
Procedural law.
All laws that establish the methods of enforcing the rights established by substantive law.
ADR.
Alternative Dispute resolution.
Standard of proof.
Answers the question "how much evidence do i need to prove. "
Federal Preemption.
Any power given by the constitution to the federal govt. can only be exercised by them.
Jurisdiction.
Authority of the court to hear and decide a specific case.
Standard of proof for a criminal case?
Beyond a reasonable doubt.
What makes up a legislative body.
City, county and organizations.
In the 16th Century, the European powers that protected the founding fathers referred to thier individual settlements as?
Colonies
Article I, Section 8 of the U.S. constitution that gives congress power to regulate interstate and some intrastate commerce is known as.
Commerce clause.
What happens in a probate court.
Conducts proceedings relating to the settlement of a deceased person's estate.
What is a binding authority.
Constitutions, statutes and regulations that a court must follow when deciding a case.
Original jurisdiction.
Courts in which a law suit begins, where a trial takes place and evidence is presented.
Where can charges be filed in the classes of courts.
Criminal court.
Obama borrowed $100,000 from a Chicago bank ("Bank") to pay his way through college and law school. He now lives in Washington State. Which of these will allow "Bank" to file a lawsuit against Obama in a Federal court in Chicago, in order to collect the loan.
Diversity of citizenship jurisdiction.
Federal courts are superior to state courts. True/False?
False.
Government authorities enforce laws. True or False.
False.
Stare Decisis makes it difficult to make laws stable and predictable. True or False.
False.
Federal courts only have jurisdiction over a subject matter.
If the lawsuit answers a federal question such as the infringement of a person's right.
Paula a resident of California, owns a farm in Iowa. A dispute arises over the ownership of the farm with Don, A resident of Nevada. Don files a suit against Paula in Iowa State Court. Regarding this suit, Iowa can exercise?
In rem jurisdiction.
Enabling legislation.
Is a law created by congress that authorizes the creation of an administrative agency and specifies the name, composition, purpose and of the agency being created.
Federal law.
Laws created by the federal government.
Statutory law.
Laws made by congress or by legislative bodies.
What is an executive order.
Laws made by the executive branch during emergencies.
State law.
Laws of each 50 separate state.
Public law.
Laws that address relationships between persons and their government.
State Statute.
Laws that applies only within borders of the state.
Federal statute.
Laws that applies to all the states within a country.
What are case laws.
Laws that are established by the outcome of a former case.
Private law.
Laws that deal with relationships between persons.
Civil law.
Laws that deal with the definition and enforcement of all private or public rights where a private party prosecutes.
Criminal law.
Laws that define and govern actions that constitute crime for which a society requires rectification.
Substantive law.
Laws that define, describe, regulate and create legal rights and obligations.
National law.
Laws that pertains to a particular nation.
Standard of proof for a civil case?
Preponderance of evidence.
Precedent.
A court decision that serve as an example for deciding future identical cases.
Persuasive authority.
A source of law that a court may look to for guidance but is not obligated to rely on in decision making.
The supreme courts and federal courts are under the?
Executive branch of government.
Which branch of government implement laws.
Executive.
Which classification of law finds the defendant guilty or not guilty.
Criminal law.
Laws
Enforceable rules governing relationships among individuals and between individuals and their society.
Negotiation.
Parties attempt to resolve disputes informally and out of court with or without attorneys to represent them.
Action at law.
Protection of a right and prevention of a wrong.
A criminal law.
Punishes wrongdoings.
Remedies in equity.
Remedies granted by a king's chancellor or advisor when the remedy being seeked for, is a matter of fairness.
What important feature of the constitution does the Tenth amendment address.
Reserves to the states all powers not granted to the federal government.
Adjudicate.
Resolving a problem judicially.
Appellate Jurisdiction.
Reviewing and appealing of judgements.
An example of a Trial court which has original jurisdiction is.
The district court.
Administrative process.
The procedure used by administrative agencies in administering the law.
