Business Law Test 1 Ch. 3

what percent of cases go to trial? and how many are settled at trial court level?

5%. 98%.

Federal and state judge terms?

Federal (justices) appointed for life by president. state (judges or magistrates) have terms of 2/4 years

what is diversity of citizenship?

a requirement of federal court, requires all plaintiffs to be citizens of different states than all defendants, no overlapping allowed

Why are dissenting opinions important?

because they allow minority view of the court on a particular issue to be expressed. often a dissenting opinion in one case may create an opportunity for its usage in a later case that eventually informs majority view.

Name three critical roles a lawyer serves in society. Why have many lawyers and their business clients had such conflict in recent years?

counselor, advocate and public servant. in recent years, lawyers and business clients have clashed over the increased volume of cases and costs related to handling litigation

What are the forces Justice Cardoza says shape the judicial process? How is the law made? In light of liberal versus conservative divisions in the courts are Cardozo's observations still relevant?

five forces are: logic, history, custom, utility and accepted standards of right conduct. Cardoza compares a judges job to that of a legislator and the end served by law must dictate the administration of justice.

Why have several states eliminated the requirement of unanimity in jury trials?

it prevents one or two jurors from creating a mistrial through a hung jury. research reveals foregoing unanimous verdicts has not harmed credibility of litigation process.

Define judicial activism and compare and contrast judicial restraint and activism.

judicial activism think that the power should be used whenever the needs of society justify its use. democratic party. judicial activists are more willing to review branches of govt. activist courts place less reliance on precedence. judicial restraint jurists have a deep commitment to precedent and will only overrule cases when the prior decision is clearly wrong.

What is subject matter jurisdiction?

jurisdiction refers to power of a court, state or federal to hear a case. subject matter jurisdiction is the power over the issues involved in the case. limited to subject matter, amount in controversy, area of residence

Define the power of judicial review. how do advocates of judicial restraint excercise that power?

most significant power of the courts, it allows courts to review laws passed by legislature and determine if they are unconstitutional or not. those who practice judicial restraint are reluctant to use power and give deference to the actions of the political branches of the government. conservative party.

what is a writ of certiorari?

request by the losing party in the court of appeals for permission for a second review. (in the supreme court four must vote yes to grant)

What are requirements to go to state, small claims and federal court?

state- a plaintiff and defendant from same state small claims- under 10,000, (eviction cases) federal- greater than 75,000, cases between states, diversity of citizenship.

Susan files a petition for certiorari in the U.s supreme court following an adverse decision in Illinois supreme court on a claim arising under a breach of contract. What chance does susan have of the supreme court granting the petition? What special circumstances would she need to show?

susan has very little chance of getting the supreme court to review her case unless she can demonstrate a substantial federal issue in what appears to be a simple state contract dispute.

What role do reviewing or appellate courts play in the judicial process? How do they differ from trial courts?

the reviewing or appellate courts evaluate questions of law and tend to defer to factual decisions made by the lower courts. Lower courts are focused on determining facts and applying the law to those facts. Reviewing or appellate courts evaluate whether the law was applied properly or whether the law should be changed.

What are the responsibilities of a trial judge?

trial judge is responsible for providing litigants with procedures to handle prey-trial and trial-related matters. during trial itself judge must apply legal principles that will enable jurors to find facts of the case

Georgia citizen Mark is hit by a car in georgia by david, a citizen of new york visiting alabama. Car was owned by davids employer, a delaware corporation that has its principal place of business in georgia. mark sues david and the corporation in federal district court in atlanta alleging damages, does court have subject matter jurisdiction? why or why not?

yes georgia would have jurisdiction. since the matter is not a question of federal law, the federal court could only exercise jurisdiction under diversity of citizenship. however both a plaintiff and defendant are from the state of georgia defeating diversity requirement.

XYZ makes a weight control product, and FDA pulls it off market to evaluate, if XYZ wants to sue the FDA will it go to federal court?

yes. the case is properly in federal court system since it involves authority of federal agency (FDA) to determine definition of a drug.