Legal Environment of Business Chapter 3

T or F. Traditionally, judicial restraint has been associated with liberal judges generally appointed by Democratic presidents, whereas judicial activism primarily is linked to conservative judges often appointed by Republican presidents.

False

_____ allows the courts to reevaluate actions taken by the executive branch and to declare them unconstitutional.

Judicial review

federal question cases

cases based on issues arising out of the US Constitution or our of federal statutes

judges

apply the law to the facts & operate our courts

In _____ cases the right to trial by a jury is preserved in suits at common law when the amount in controversy exceeds $20

civil

Lawyers serve 3 roles:

counselor, advocate, & public servant

the ______ is the way we enforce our laws in a property-based legal system

court system

In states with two levels of review, the intermediate courts are usually called the _____.

courts of appeal

intermediate courts are called

courts of appeal

juvenile courts

courts that deal with juvenile crime and dependent children

traffic courts

courts that deal with traffic violations

criminal & police courts

courts that deal with violators of state laws and municipal ordinances

probate courts

courts that deal with wills and the estates of deceased persons

trial judge

determines the applicable rules of law to be used to decide the case (deciding questions of law)

In diversity of citizenship cases, if a case involves multiple plaintiffs with separate and distinct claims, ____.

each claim must satisfy the jurisdictional amount

Federal Rules of Civil Procedure

provide the details concerning procedures to be followed in federal court litigation

jurisdiction

refers to the power of a court, at the state or federal lever, to hear a case

lawyers

represent clients. present evidence, the points of law and argue the law to court

a party is entitled to ___ trial and ____ appeal

1

how many U.S. supreme court justices must vote yes to grant a petition for a writ of certiorari?

4

T or F. The attorney-client privilege cannot be extended to communications made to a lawyer's employees under any circumstance.

False

_____ of the U.S. Constitution provides that judicial power be vested in the Supreme Court and such lower courts as Congress may create.

Article III

T or F. The function of a lawyer is to determine the applicable rules of law to be used to decide a case.

False

T or F. The philosophy of judicial activism is sometimes referred to as strict constructionism.

False

T or F. All states and federal courts have rules of procedure that require a jury to consist of 12 persons in both criminal and civil cases.

False

T or F. Judges who identify with judicial restraint are strongly against the opinion that federal courts ought to defer to the actions of the states or of the coordinate branches of the government.

False

T or F. The U.S. Supreme Court grants the petition for a writ of certiorari and allows another review as a matter of right.

False

T or F. Juries are used in only a very small percentage of all cases in U.S. courts.

True

T or F. courts do not except cases involving trivial matters

True

T or F. diversity of citizenship cases have a jurisdictional amount of more than $75,000

True

T or F. trial courts are courts of general jurisdiction

True

petition for a writ of certiorari

a request by the losing party in the court of appeals for permission to file an appeal with the U.S. supreme court

appellate courts

act as reviewing courts and generally are concerned with issues of law

In populous states, there are 2 levels of reviewing courts:

an intermediate level court and a court of final resort

jurors

find or determine the facts from the conflicting evidence (facts found are given great deference)

what duty does the judge pick up when there is no jury?

he is also responsible for finding the facts

the lawyers duties to each client require:

highest degree of fidelity, loyalty, & integrity

what is the most significant power of the courts?

judicial review

the individuals who operate our courts are called judges or __________

magistrates

justices

members of the court, decide an appeal & they often give reasons for their decisions

small-claims court

one court of limited jurisdiction (falling below trial court), handles much of the litigation between businesses & its customers

diversity of citizenships

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

trial courts (depending on state) are named:

superior court, circuit court, district court

when there is only one in the state, an appellate court is called ________.

supreme court of the state

state court

systems are created, and their operations are governed, from 3 sources

diversity jurisdiction

the citizenship of all members of a partnership

what are the 2 major court systems in the US?

the federal courts & the 50 state courts

appellate court

the parties to litigation are entitled as a matter of right to review of their case by a higher court if the requirements of procedural law are followed in seeking the review

subject matter jurisdiction

the power over the issues involved in the case

general jurisdiction

the power to hear any type of case

limited jurisdiction

the power to hear only certain types of cases

judicial review

the power to review laws passed by the legislative body and to declare them to be unconstitutional and void or to review actions taken by the executive branch and to declare them unconstitutional

writ of certiorari (petition for leave to appeal)

the procedure for requesting a second review

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

petit jury

the trial jury that returns a verdict in both situations

judicial review

the ultimate power to invalidate actions by the president or the Congress

reviewing courts

these courts focus only on the law

trial court

this court is responsible for determining both the facts and the law in the case

judicial restraint

those who believe that the power should not be used except in unusual cases

judicial activism

those who think that the power should be used whenever the needs of society justify its use

In cases with a jury, what is the jury in charge of?

to decide questions of fact

A lawyer's first duty is:

to the administration of justice.

parties file their lawsuits or complaints seeking to protect their property rights or redress a wrongdoing. the complaint describes the parties, the facts and law giving rise to cause action, the authority of the court decide the case, and the relief requested from the court

trial courts

the federal court systems and most state courts contain 3 levels:

trial courts, courts of appeals, and supreme courts