Business Law Exam 1 (CH.1-4)

What is jurisdiction?

"the power to speak the law"; must be able to hear the case and render a decision

What are the steps in legal reasoning?

1. Determine the FACTS of a Dispute 2. What is the ISSUE involved in the Dispute 3. The DECISION or OPINION- Deciding what Rule of Law should be applied to the facts and answer the issue

What are the steps in "standing to sue"?

1. Harm- party bringing the lawsuit must have suffered or will immediately suffer harm 2. Causation- must be a causal connection between the conduct complained of and the injury 3. Remedy- must be likely that a favorable court decision will remedy the injury suffered

What are the two post-trial motions?

1. Motion for a new trial- only if the judge believes the jury was in error and that it is not appropriate to grant judgement for the other side. 2. Motion for judgement n.o.v ("notwithstanding the verdict")- granted only if the jury's verdict was unreasonable and erroneous

What are the 4 schools of legal thought?

1. Natural Law-higher or universal law exists that applies to all human beings, and written laws should imitate these inherent principles 2. Legal Positivism- belief that there can be no higher law than a nation's positive law 3. Historical School- sizes the evolutionary process of law by concentrating on the origin and history of the legal system 4. Legal Realism- idea that law is just one of many institutions in society and that it is shaped by social forces and needs

What is the jurisdiction of the different courts?

1. State Trial Court- General(broad array of issues) 2. Federal District Court- General 3. Probate Court- Limited (state) 4. Bankruptcy Court- Limited (federal)

What is the grand jury?

12 to 23 people who decide whether probable cause exists to support criminal charges (before it goes to trial)

What is the number of U.S. Circuit Court of Appeals?

13

What is the number of judges on the NC Court of Appeals panel?

3 per panel- 15 total judges

What are laws passed by legislative bodies?

Acts or statutes

NC Supreme Court MUST hear this type of case?

Any case dealing with capital punishment (death penalty)

Who can be deposed? Who can not?

Anyone can be deposed but it is expensive. Usually a limit of 10

What constitutional clause has the greatest impact on business?

Commerce Clause- provides the basis for the national gov'ts extensive regulation of state and local affairs

Small claims court appealed cases go to

District Court where it is heard de novo (from the beginning)

What is the law in England administered by Church Courts?

Ecclesiastical Court

Does the NC constitution require a jury trial in all equity cases?

It does not require it but a jury trial can be requested

What is the diversity of citizenship in federal court?

Jurisdiction requires both: 1. The plaintiff and defendant must be residents of different states 2. The dollar amount in controversy must exceed $75,000

When does a party receive a jury trial and when do they not?

Jury is automatic in any criminal trial; may be requested in some civil cases

Are all cases reviewed by NC Court of Appeals?

No, you must file for it to be reviewed

Are all judges required to stand for election?

Not all judges; SCOTUS, Court of Appeals, and Federal Judges are all appointed by the President

What does res judicata mean?

Once a matter is finally decided by the highest court of a jurisdiction, the same parties may not relitigate the same issues

What are the number of justices on the supreme court?

SCOTUS- 9 NCSC- 7

When does a criminal defendant in a felony trial receive a preliminary hearing?

Soon after charges are officially filed (30 days); can waive time in order to make sure time is convenient for everyone

What are the two issues decided by the appellate court?

Whether the first judgement was sound or if it was flawed and the outcome could be different

Are all judges in NC elected on a statewide basis?

Yes

When a civil case is appealed in NC district court is it heard de novo?

Yes

What is a prima facie case?

a case in which the evidence before trial is sufficient to prove the case unless there is substantial contradictory evidence presented at trial

What is the long arm statute?

a court can exercise personal jurisdiction over certain out-of-state defendants based on activities that took place within the state

What remedy is used if there is no legal adequate remedy at law?

an adequate remedy:

What is a writ of certiorari?

an order issued by the Supreme Court to a lower court requiring the latter to send it the record of the case for review. **Not issued unless at least 4 of the 9 justices approve**

What is the burden of proof in a criminal case? Civil?

beyond a reasonable doubt; preponderance of evidence (demonstrating that the proposition is more likely true than not true)

What is the body of common law?

body of general rules that applied throughout the entire English realm

What is the court of general jurisdiction?

can decide cases involving a broad array of issues (unlimited)

What is the first pleading filed in a civil action?

complaint- pleading made by a plaintiff alleging wrongdoing on the part of the defendant ; initiates a lawsuit

What is the petit jury?

consists of 12 people who hear evidence, witness statements, and determine guilty/ not guilty verdicts

What was the basis of American Law after the Norman conquest?

curiae regis, the king's courts- were used to unify the country

What is the doctrine of stare decisis?

judges are obligated to follow the precedents established within their jurisdictions

What is the first pleading filed in a case of appeals?

notice of appeal

What is an appellee?

party against whom the appeal is filed and who responds to the appeal. This is the party who won in the lower court case and generally wants the Supreme Court to agree with the lower court's decision.

What are peremptory challenges? Challenges for cause?

right of the plaintiff and the defendant in a jury trial to have a juror dismissed before trial without stating a reason (limited number); aims to disqualify a potential juror for some stated reason, i.e. bias, prejudice, or prior knowledge (unlimited number)

Civil law

spells out the rights and duties that exist between persons and between persons and their governments, as well as the relief available when the person's rights are violated

What is opinion?

the court's reasons for its decision, the rules of law that apply, and the judgement

What is the doctrine of laches?

the equitable doctrine that bars a party's right to legal action if the party has neglected for an unreasonable length to act on their rights

What is arbitration?

when a neutral third party (arbitrator) hears a dispute and imposes a resolution on the parties

What is mediation?

when a neutral third party acts as a mediator and works with both sides in the dispute to facilitate a resolution

What are interrogatories?

written questions for which written answers are prepared and then signed under oath (directed to plaintiff or defendant, not witness)