BIZ LAW TEST 1
What are intermediate appellate courts?
"court of appeals" hears appeals from general jurisdiction trial courts, determine errors or modifications. appeal to the states highest courts.
What are general jurisdiction trial courts?
"courts of record," hear felonies, civil cases involving a certain dollar amount. Some states split up civil and criminal courts, can appeal to the supreme court
What is an appellant?
"petitioner" the appealing party in a lawsuit
What is an appellee?
"respondant" the responding party in an appeal
What are highest state courts?
"state supreme court" hear appeals from intermediate and appellate courts, submit parts and legal briefs
How many US court of appeals are there?
13
What is a majority decision?
5 or more judges agree on a decision
How many US district courts are there?
94
What is an example of the flexibility of law?
Brown vs. the Board of Education, changing public education to "separate but equal"
What is an example of a federal statute?
Federal Clean Water act enforces quality of water and restricts pollution, Obamacare, etc.
What case used stare decisis?
Flagiello v Pennsylvania
What was an important quote in the US regarding common law?
Justice Douglas' opinion in the 1841 case Penny vs. Little
What case reflected the natural law school of jurisprudence?
POM Wonderful LLC vs Coke
What was POM Wonderful LLC vs Coca-Cola?
POM sued Coca Cola under Section 43 of the federal lanham act (misleading advertisment) for putting "Blueberry Pomegranate" when it contained barely any. Coke appealed, claiming the FDCA didnt require different labeling. POM went to the supreme court and won.
What is civil law?
a civil code and parliamentary statue that can vary from certain countries
What is the supremacy clause?
a clause of the US constitution that states the constitution, federal treaties, laws, and regulations are the supreme law of the land
What is the civil law system based on?
a code of laws adopted by Rome, aka Twelve Tables. Then a combination of Roman Law known as Corpus Juris Civillis (Body of Civil Law) was added
What are forum-selection causes?
a contract designating a certain court to hear any dispute
What is the choice of law clause?
a contract that designates a law that will be applied in a dispute
What is a physical/mental examination?
a court-ordered examination of a party before a lawsuit to determine the extent of injuries
What are judicial decisions?
a decision about a lawsuit decided by a federal or state court, usually with a legal reasoning
What is the Federal Arbitration Act?
a federal statute that provides enforcement for arbitration agreements
What is arbitration?
a form of alternative dispute decisions in which both parties choose an impartial third party to hear and decide the lawsuit
What is mediation?
a form of alternative dispute decisions in which parties use a mediator
What is a class action lawsuit?
a group of plaintiffs file a lawsuit with common claims against a defendant. must be certified by a federal/state court. must be a sufficient enough amount of claims or have relative claims.
What is a deponent?
a party who gives a deposition
What is the production of documents?
a request by one party to another to produce all documents relevant to the case pre trial. can ask to examine the documents if they are too big or cannot be moved
What is precedent?
a rule of law established in a court decision, lower courts must follow the precedent set by higher courts. Not bonded, but can look to each other for assistance
What was the merchant courts?
a set of courts to administer a stoned set of rules for travelers and traders amongst England and Europe
What is a service of process?
a summons being served on a defendant that gives personal jurisdiction over them
What is a unanimous decision?
all judges agree on an outcome
What is the Commerce Clause?
allows the US congress to enact federal statues to regulate foreign and interstate commerce
What is a mediator?
an expert in the field, a lawyer, or a retired judge
What is an executive order?
an order made from the executive branch of the government, like restricting the selling of goods to foreign countries during war
What are the US Courts of Appeals?
basically the federal appellate courts. hears cases from the district courts in their designated area. looks for any sorts of error that needs reversal
What do US district courts do?
basically the general jurisdiction courts, can impanel juries, receive evidence, hear testimony, and decide cases
What is diversity of citizenship?
bringing a lawsuit in federal court that involves citizens or different states or subjects of a foregin country. can only appeal in state which turns federal. ex: car accident in a different state. applies to businesses
What is the arbitration clause?
clause in a contract that requires the dispute to be submitted to arbitration
What is a summons?
court order directing the defendant to appear in court and answer the complaint (service of process)
What is a violation?
crime usually by fine that is not a felony or misdemeanor.
What is the delaware court of chancery?
decides cases involving corporate governance, duties of corporate officers and directors, mergers and acqusitions, and other business issues. 50% of NASDAQ and NYSE are incorporated there. judges are experts in the field
What is the burden caused on interstate commerce?
direct and indirect regulation of foreign commerce by state or local governments that burdens interstate commerce is a violation of the Foregin Commerce Clause
What is the Bill of Rights?
first 10 amendments added to the constitution in 1791
What happens to the power not stated in the Constitution?
given to the states
What is standing to sue?
having some stake in the outcome of a lawsuit
What are limited jurisdiction trial courts?
hear small cases, traffic court, juvenile court, family law court, etc. Can be appealed to general jurisdiction trial courts. some states have even made small claims court hearing cases 5000 or less
What is a plurality decision?
if a majority agree to an outcome but not the reasoning to reach the outcome (base their decisions off different laws)
What is in personam jurisdiction?
jurisdiction over the parties in a lawsuit. the plaintiff (the one filing the lawsuit) gives the state jurisdiction over himself, and the defendant usually has a summons over him that gives them jurisdiction
What is in rem jurisdiction?
jurisdiction to hear a case because of jurisdiction over the property of the lawsuit. I.E. a state can hear a case on real estate located in its state
What are the functions of law?
keeping the peace, promoting social justice, maximizing individual freedom, maintain the status quo, facilitate orderly change and planning
What are law courts?
king and queen appointed loyal followers as judges to decide on lawsuits dealing with damages
What is stare decisis?
latin for "to stand by a decision"
What is the moral theory of law?
law based on morality and ethics, and is discovered by choosing between good and evil
What is the natural law school of jurisprudence?
law based on what is "correct.," or the moral theory of law
What are the three divisions of common law that cases are decided on?
law courts, equity courts, and merchant courts
What is an ordinance?
law enacted by local government bodies, like cities or counties
What are state statutes?
laws enacted by states
What is discovery?
legal process during which each party gathers facts/calls witnesses prior to the trial
What is a misdemeanor? Latin Name?
less serious than a felony, not inherently evil but not promoted by a society. i.e. property crimes. mala prohibita
What is a felony? Latin Name?
most serious crime, inherently evil crime. usually against people but sometimes businesses. punishable by prison or death, sometimes have different degrees of crime. Mala in se
What are the three criteria required before the government can restrict commercial speech?
must implement government interest (killing the president i.e.), it directly advances that interest, and goes no further than accomplishing the objective
What is the US supreme court?
nine judges nominated by the president and confirmed by the senate. hears appeals from the US court of appeals and other high-ranked courts. Look for errors as well
What is deposition?
oral testimony given by a party/witness pre trial. given under oath and is transcribed. most taken at attorneys office
What does the mediator do?
point out strengths and weaknesses of each parties arguments, encourage a settlement, and gives his opinion
What is police power?
power that premits state and local governments to enact laws promoting public health, safety, morals, and general welfare
What must an appellant do to file an appeal?
present an opening brief that sets forth legal research, followed by a responding brief that answers it
What is the original reason for providing diversity of citizenship?
prevent court bias against nonresidents
What is the purpose of discovery?
prevent surprises, allow preparation, preserve evidence, save court time, and promote settlement
What is the Due Process Clause of the 14th amendment?
prevented intrusive actions by state and local governments.
What is the Uniform Arbitration Act?
promotes the arbitration of disputes at the state level
What is venue?
requires lawsuits to be heard by the court with jurisdiction that is nearest the location in which the incident occurs/parties reside
What is the purpose of the Federal Arbitration Act?
reserve long-standing judicial hostility. They force contracts, and will permit court orders if one party failed to comply/respond.
What is english common law?
set of laws developed by judges who gave opinions when deciding different cases. The decisions become precedents for later judges to use when deciding on similar cases.
What is fully protected speech?
speech that cannot be prohibited or regulated by government, i.e. political speech, burning the flag
What is unprotected speech?
speech that is forbidden by the government, i.e fighting words, dangerous words (bomb in an airport), violent overthrow of the government, obsene speech, child pornography
What is limited protected speech?
speech that the government may not prohibited but is subjected to time, place, and manner restrictions. i.e. offensive speech (FCC regulating swear words on TV), commercial speech
What is the incorporation doctrine?
stated that most of the fundamental garuntees held in the bill of rights are applicable to state and government action
What is concurrent jurisdiction?
states right to hear cases involving diversity of citizenship and federal questions on exclusive jurisdiction
What is law?
that which must be obeyed by citizens, subject to sanctions of legal consequences; a set of rules created by controlling authority and having binding legal force
What is an appeal of a lawsuit?
the act of asking an appellate court to overturn a decision after a decision has been made
What was the Brown vs Board of Education?
the challenge to "separate but equal," determined that the doctrine violated the Equal Protection Clause of the 14th Amendment
What is an indictment?
the charge of committing a crime, usually a fine, based on the judgement of a jury
What is the preemption doctrine?
the concept that federal laws take precedent over state or local law. usually only used when a law is "directly and substantially" conflicts with valid federal law
What is an answer?
the defendants written response to a complaint filled with the court
What is a complaint?
the document the plaintiff files with the court and serves on the defendant
What is exclusive jurisdiction?
the federal right to hearing cases about felonies, antitrust, bankruptcy, patent/copyright, and suits against the US
What are pleadings?
the paperwork filled to initiate and respond to a lawsuit
What is a defendant?
the party who files an answer in the lawsuit
What is a plaintiff?
the person who is sueing
What is litigation?
the process of bringing, maintaining, and defending a lawsuit
What is a statue of limitation?
the time period which a plaintiff must bring a lawsuit against a defendant (if not resulting in a loss of right to sue)
What benefits does the state have from the preemption doctrine?
they have concurrent jurisdiction
What is law intended for?
to protect citizens and their property against unwanted interference from others
What are federal statutes organized by?
topics into code books, or "codified law," like how a bill becomes a law
What are the four decisions that can be made by the supreme court?
unanimous decision, majority decision, plurality decision, and tie
What is the court of chancery?
under the authority of Lord Chancellor and dealt with people who thought a law court decision was unfair or were not granted the right amount of money
What does stare decisis promote?
uniformity of the law, makes courts more efficient, and makes laws more predictable
What is binding arbitration?
when both parties agree to be bound to the third parties decision (opposite is nonbinding, which can be appealed to the courts)
What are statutes?
written laws that establish certain courses of conduct that certain parties must obey
What are interrogatories?
written questions submitted by a party to another. must be answered within a stipulated time