Business Law Chapter 3

Identify the capacities in which a lawyer can serve a client.

-A public servant -An advocate -A counselor

True or false: A justice relies on observations and knowledge gained from witnesses when reaching a decision.

False, trial judges may use observations and knowledge gained from witnesses when reaching a decision.

A petition for a writ of certiorari is granted by the U.S. Supreme Court if _____ justices vote to take the case.

Four of the nine

Which of the following is a true statement about jurors?

They usually do not give reasons for their decisions.

True or false: Both the law and the facts in a case are to be determined by the trial court.

True, In the trial courts, parties file their lawsuits or complaints seeking to protect their property rights or redress a wrongdoing. The trial court is responsible for determining both the facts and the law in a case.

Members of some appellate courts, such as the U.S. Supreme Court, are called _____.

Justices

Members of the U.S. Supreme Court are called:

Justices

Judicial Activism

Liberal judges generally appointed by Democratic presidents

A trial jury that returns a verdict in both criminal and civil cases is known as a(n):

Petit jury

True or false: Federal question cases can involve matters based on federal laws that deal with employment discrimination and patents.

True, Federal question cases may be based on issues arising out of the U.S. Constitution or out of federal statutes. These civil actions may involve matters based on federal laws such as those dealing with patents, copyrights, trademarks, taxes, or employment discrimination.

A trial judge

Uses knowledge gained from participation after observing the witnesses as an essential ingredient in making a decision.

Activist jurists believe that _____.

the meaning of the Constitution is relative to the times in which it is being interpreted

Those who believe in the philosophy of________________ believe that courts have a major role to play in correcting wrongs in our society.

Judicial activism

_____ refers to the power of a court at the state or federal level to hear a case.

Jurisdiction

Which of the following is a consequence of many individuals attempting to avoid jury duty?

Many trials often end up with more jurors who are unemployed or retired than should be the case.

Reviewing courts' reviews are essentially concerned with ________.

Questions of law

A feature of the federal district courts is that they _________.

Are the trial courts of the federal judicial system.

True or false: The Federal Rules of Civil Procedure cannot be enforced by district courts.

False, The Federal Rules of Civil Procedure provide the details concerning procedures to be followed in federal court litigation. These rules are strictly enforced by the courts and must be followed by the parties in every lawsuit.

True or false: For purposes of diversity jurisdiction, a corporation cannot be a citizen of the state in which it has its principal place of business.

False, for purposes of diversity jurisdiction, a corporation is a citizen of the state of incorporation and also a citizen of the state in which it has its principal place of business.

When reviewing appeals, justices are essentially concerned with:

Issues of law

The U.S. courts are operated by individuals called _____.

Judges

The power of the courts in the United States to review laws passed by the legislative body and to declare them to be unconstitutional and void is known as _________ __________.

Judicial Review

People who support judicial restraint believe that _____________.

Many constitutional issues should not be decided by courts unless absolutely necessary

An appellate judge

Spends most of the time studying the briefs, the record of proceedings, and the law in reaching decisions Spends most of the time studying the briefs, the record of proceedings, and the law in reaching decisions.

For a court to hear and decide a case, it must have _______, which is power over the issues involved in the case.

Subject matter jurisdiction

Alternate names for general trial court.

Superior court, District court, circuit court

Identify a true statement about the U.S. court system.

The facts as found by a jury are given great respect and consideration.

A criticism directed at jurors is that _____.

Their emotions are too easily swayed by skilled trial lawyers

Judges

They apply the law to the facts.

Lawyers

They argue the law to the court

Jurors

They determine the facts from conflicting evidence.

Identify the roles of federal district courts.

They impanel juries, review lawsuits, resolve disputes.

When reaching decisions, justices must consider which of the following:

They must study the law.

What is a lawyer's duty in the U.S. court system?

To ensure that issues are tried on their merits only.

______ _______ are the main link between the law and the citizens it.

Trial judges

Which of the following are examples of a typical small claims court case

-Clients who fail to pay -Dog bites -Landlord-tenant problems

Identify the true statements about justices. (Check all that apply.)

-They are essentially concerned with issues of law rather than with issues of fact when reviewing appeals. -Their decisions become precedent and a part of the body of law that may affect society as a whole.

Identify the roles of lawyers in the U.S. court system.

-They offer the evidence and the points of law required by juries in decision making. -They present the arguments that are weighed by judges in making their decisions.

Identify the criticisms directed at jurors.

-They vote their prejudices. -They are not qualified to distinguish fact from fiction.

Identify the levels of the federal court system and those in most states.

-Trial courts -Courts of appeals -Supreme courts

Identify the true statements about trial judges.

-Trial judges have the primary duty to observe and to apply constitutional guarantees and limitations. -Trial judges render decisions that deal directly with people in conflict.

Judicial Restraint

Conservative judges often appointed by Republican presidents

A characteristic of a trial court is that it _______.

Deals with lawsuits that are filed by parties seeking to protect their property rights.

In all cases, the function of a trial judge is to _____.

Determine the applicable rules of law to be used to decide a case.

______________ requires that all plaintiffs be citizens of different states from all defendants.

Diversity of citizenship

Granting a request for a second review is a major function of the _________ in each state.

Highest court

A feature of a petition for a writ of certiorari is that it _____.

Is granted primarily in cases of substantial federal importance.

Identify a true statement about trial by jury.

It is a cherished right guaranteed by the Bill of Rights.

Which of the following is a characteristic of justices?

They often give reasons for their decisions.

True or false: The 50 state courts and the federal courts are the two major court systems in the United States.

True, there are two major court systems in the United States: the federal courts and the 50 state courts. The federal court system and those in most states contain three levels—trial courts, courts of appeals, and supreme courts.