Business Law Chap. 1,3,9

Case Analysis

1. Facts of the Case 2. Issues or question involved 3. Decision of the court 4. Reasons for the decision

State Court System (3-3)

Inferior Trial Courts->Trial Courts->Intermediate Appellate Court->State Supreme Court

Private Law

The part of substantive law governing individuals and legal entities in their relationships with one another

Hierarchy of Law (1-3)

U.S. Constitution->Treaties/Federal Statutes->Federal Administrative Law->Federal Common Law->State Constitution->State Statutes->State Administrative Law->State Common Law

Federal Court System (3-1)

U.S. District Court->U.S. Court of Appeals->U.S. Supreme Court

Judicial Law

U.S. legal system relies on judiciary as source of law and adversary system for disputes

Pretrial Conference

a conference between the judge and the attorneys to try and settle without trial

Unenforceable Contract

a contract for the breach of which the law provides no remedy

Implied In Fact Contract

a contract in which agreement between parties has been inferred from their conduct

Express Contract

a contract in which the terms of the agreement are stated in words, oral or written

Valid Contract

a contract that meets all of the requirements of a binding contract

Promissory Estoppel

a doctrine enforcing some noncontractual promises

Arbitration

a nonjudicial proceeding in which a neutral 3rd party selected by the disputants renders a binding decision

Law

a rule of civil conduct prescribed by the supreme power in a state, commanding what is right, and prohibiting what is wrong

Quasi Contract

an obligation not based upon contract that is imposed by law to avoid injustice

Subject Matter Jurisdiction

authority of a court to decide a particular kind of case

Concurrent Federal Jurisdiction

authority of federal or state courts to hear the same case

Administrative Law

branch of public law that is created by administrative agencies in the form of rules, regulation, orders, and decisions to carry out the regulatory powers and duties of those agencies

Public Law

branch of substantive law that deals with the government's rights and powers and its relationship to individuals or groups (Constitutional, Criminal, & Administrative)

Sources of Law

constitutions, treaties, interstate compacts, statutes, executive order, court decisions

Voidable Contract

contract capable of being made void

Bilateral Contract

contract in which both parties exchange promises

Unilateral Contract

contract in which only one party makes a promise

Executed Contract

contract that has been fully performed by all of the parties

Executory Contract

contract that has yet to be fully performed

Appellate Courts

courts that do not try criminal cases but hear appeals of decisions of lower courts

Substantive Law

creates, defines, and regulates legal rights and duties

Civil Law

defines duties, the violation of which constitutes a wrong against the party injured by the violation

Consideration

each party to a contract must intentionally exchange a legal benefit or incur a legal detriment as an inducement to the other party to make a return exchange

Criminal Law

establishes duties, the violation of which is a wrong against the whole community

Exclusive Federal Jurisdiction

federal courts have sole jurisdiction over Federal crimes, bankruptcy, antitrust, patent, trademark, copyright, and other specified cases

Summary Judgement

final ruling by judge based on evidence from discovery

Directed Verdict

final ruling by the judge in favor of one party based on the evidence introduced at trial

Constitutional Law

fundamental law of a particular level of government, establishes the governmental structure and allocates power among government levels, defining relationships

Legislative Law

has become the primary sources of law and ordered social change in the U.S.

Trial Courts

have general jurisdiction over civil and criminal cases

Special Courts

have jurisdiction over cases in a particular area of federal law and include the U.S. Court of Federal Claims, the U.S. Tax Court, the U.S. Bankruptcy Courts, and the U.S. Court of Appeals for the Federal Circuit

Court of Appeals

hear appeals from the district courts and review orders of certain administrative agencies

Inferior Trial Courts

hear minor criminal cases such as traffic offenses and civil cases involving small amounts of money and conduct preliminary hearings in more serious criminal cases

In Personam Jurisdiction

jurisdiction based on claims against a person, not over property

In Rem Jurisdiction

jurisdiction based on claims against property

Attachement Jurisdiction

jurisdiction over a defendant's property to obtain payment of a claim not related to the property

Summary Jury Trial

mock trial followed by negotiations

Motion Challenging Verdict

motions for new trial and nonwithstanding verdict

Void Contract

no contract at all

Conciliation

nonbinding process in which a third party acts as an intermediary between the disputing parties

Mediation

nonbinding process in which a third party acts as an intermediary between the disputing parties and proposes solutions for them to consider

Mini-Trial

nonbinding process in which attorneys for the disputing parties present evidence to a neutral third party and a settlement is attempted to be negotiated

Conduct of Trial

opening statements by attorneys direct and cross-examination of witnesses and closing arguments

Enforcement

plaintiff may direct sheriff to seize defendant's property to collect money ower

Pretrial Procedure

process requiring the parties to disclose what evidence is available to prove the disputed facts; designed to encourage settlement of cases or to make the trial more efficient

Common Law

serves as precedent for determining later controversies

Procedural Law

sets forth the rules for enforcing those rights that exist by reason of the substantive law

Exclusive State Jurisdiction

state courts have exclusive jurisdiction over all matters to which the federal judicial power does not reach

Supreme Court

the nation's highest court, whose principal function is to review decisions of the Federal Courts of Appeals and the highest State courts

Mutual Assent

the parties to a contract must manifest by words or conduct that they have agreed to enter into a contract

Jurisdiction Over The Parties

the power of a court to bind the parties to a suit

Legality of an Object

the purpose of a contract must not be criminal, tortious, or otherwise against public policy

Functions of Law

to maintain stability in the social, political, and economic system while simultaneously permitting change

Stare Decisis

to stand by the decisions (precedent)

District Courts

trial courts of general jurisdiction that can hear and decide most legal controversies in the federal system

Special Trial Courts

trial courts, such as probate courts and family courts, which have jurisdiction over a particular area of state law