Quizes Bus Law
Litigation in federal court often involves parties from different states. In addition, at least how much in dollar terms must be in controversy for a case to be heard in a federal court?
$75,000
Many aspects of the civil litigation process between two parties in the federal court system, including pleadings, discovery, trials procedures, and motions are governed by
The federal Rules of Civil procedure
Warrantless Searches:
are allowed for "closely regulated" businesses
A tort is
a breach of duty owed to another that causes harm
The court's jurisdiction means power to
accept a lawsuit, try it, and pass judgment.
The law of product liability is primarily concerned with
harms suffered by buyers and other persons who use defective products
In an orderly society, law and the legal system help to:
influence the behavior or members of the society, resolve dispute, maintain the important values of the society and provide a way for important social changes to take effect
Statutory Law is
law enacted by a legislative body
As a general rule, judges who are scheduled to have a case tried before them:
may strongly encourage the parties to settle and not have a trial
As the highest legal authority, the United States Constitution:
overrides any state or federal laws that go beyond what the constitution permits
An amendment to the US constitution to become effective needs to be approved by:
passing 3/4 of the state legislatures after passing by a 2/3 vote in the senate and house
Besides having subject-matter jurisdiction over a case, the court must also have:
personal jurisdiction
When judges use decisions from earlier legal cases for guidance in legal principles to solve current cases it is referred to as:
precedent
a major purpose of tort law is to
provide compensation for parties injured by wrongdoers
Most states have a two part legislature. Having a two part legislative system is meant to:
serve as an added check on government power.
Discovery may impose significant costs on businesses, making them more likely to:
settle out of court
The rule requiring producers to pay compensation to consumers injured by defective products, even though reasonable care has been exercised, is called:
strict liability
Summary judgement is granted when:
the court can apply the law to the undisputed facts and resolve the dispute
If a party refuses to comply with a court order to produce documents or answer written interrogatories:
the court can find the party in contempt of court, which can result in fines or imprisonment
fifth amendment protection does not apply to:
corporations
a business can become involved in a tort action
if an individual is harmed or injured by the actions of the business or its employees, if an individual is injured by a product of the business, if a business harms another business
When a court has power over the person who is the defendant of a lawsuit, it is called:
in personam jurisdiction