BULE EXAM 1 Prep

What are the two types of jurisdiction?

1. personal jurisdiction 2. subject matter jurisdiction

UCC

Uniform Commercial Code

Plaintiff

One who begins a lawsuit

Abe sues Ben in Virginia for breach of contract. Ben files a motion to dismiss, stating that he does not reside or do business in Virginia, nor was the contract entered into in Virginia. Ben is arguing the court lacks:

Personal jurisdiction

Freedom of religion establishment clause:

Provision preventing a religion associated with state.

X sues ABC Corporation for breach of contract. ABC files a motion to dismiss, claiming X did not suffer any legal harm. This is an example of a motion to dismiss on what grounds?

Standing

liability

The state of being legally responsible for something such as debt or obligation

True or False: each state has the option of adopting or rejecting a Uniform Law?

True

What are the 4 primary sources of American law?

US constitution, statutes or laws passed by congress and states, Administrative regulations, case law and court decisions

what kind of cases do federal courts hear?

Violation of federal laws or damages more than 75,000

Equity

a branch of law founded on what might be describes as notions of justice and fair dealing that seeks to apply a remedy when no adequate remedy of law is available.

original jurdisdiction

also known as a trial court

precedent

authority for deciding subsequent cases involving identical or similar facts, or similar legal issues.

What are the 6 fields of business law can be linked to?

corporate management production/transportation marketing R&D Accounting and finance HR

aspects of stare decisis

decisions made by a higher court are binding on lower courts. A court shouldn't overturn it's own precedents unless there is a strong reason to do so.

substantive due process

focuses on the content of legislation rather than the fairness of procedures

stare decisis

judges are obligated to follow under which judges are obligated to follow precedents in prior decisions

Legal Realism

law is only thought when deciding cases

minimum contacts requirement

means that the defendant must have sufficient connection to the state for the judge to conclude that it is fair for the state to exercise power over the defendant

Mediation

negotiation to resolve differences conducted by some impartial party

ADR (Alternative Dispute Resolution)

negotiation, mediation, arbitration

the year books

references for lawyers and judges from 14-16th century

10th Ammendment of the US Constitution?

reserves to the states all powers not granted to the federal government unless it goes against federal law

standing to sue

the legal right to bring lawsuits in court

Personal Jurisdiction

the power of a court to force a person to appear before it

Subject Matter Jurisdiction

the power of a court to hear a particular type of case

Case Law

the rules of law announced in court decisions

jurisprudence

the science or philosophy of law

Arbitration

the use of an arbitrator to settle a dispute.

Administrative Law

rules or laws created by administrative agencies

Preemption

A doctrine under which certain federal laws take precedence over, conflicting state or local laws.

negotiation

A form of communication between opposing sides in a conflict in which offers and counteroffers are made and a solution occurs only when both parties agree

writ of certiorari

An order by a higher court directing a lower court to send up a case for review

persuasive authorities

Any legal authority or source of law that a court may look to for guidance but need not follow when making its decision.

Commerce Clause

Article I, Section 8, of U.S. constitution that gives congress the power to regulate interstate commerce.

In the United States, decisions issued by an appellate court become precedent for judges deciding similar, subsequent, cases. This is known as:

Common Law

Who makes the laws?

Congress

Freedom of religion free exercise clause:

Establishes anyone has the freedom of religion.

Who enforces the laws?

Executive Branch

What method is used to brief a case?

FIRAC

What form of government is the result of the U.S. Constitution?

Federal Form

Which is the highest source of law among the following choices?

Federal statues

1st amendment freedom of speech protection types

Freedom of speech including non verbal speech. Different types of protection: Strict scrutiny: political speech Intermediate scrutiny: Commercial speech Intervention can only be plausible if government has compelling government interest such as National security.

What is the civil litigation process?

1. Pleadings 2. Pretrial Motions 3. Discovery 4. Pretrial conference 5. Jury Selection 6. Trial 7. Post-trial motions 8. Appeal 9. Enforcement

Hierarchy of the federal court system {lowest -> highest}

1. U.S. District courts 2. U.S. Court of Appeals 3. U.S. Supreme court

The sliding scale standard

1. when the defendant conducts substantial business over the internet 2. when there is interactivity through a website. Even a single contact can validate jurisdiction. 3. passive advertising on the web

Due Process

5th and 14th amendment that says no one shall be deprived of life liberty pursuit of happiness without due process of law.

what percent of cases do state courts entertain?

95%

Uniform Law

A model law developed by the National Conference of Commissioners on Uniform State Laws for the states to consider enacting into statute.

Secondary Sources of Law

A publication that summarizes or interprets the law.

Dormant Commerce Clause

A situation in which the federal government has the Commerce Clause power to regulate an area of commerce but has chosen not to regulate that area of commerce.

Probate Court

A state court of limited jurisdiction that conducts proceedings relating to the settlement of a deceased person's estate.

long arm statute

A state statute that permits a state to exercise jurisdiction over nonresident defendants.

federal form of government

A system of government in which the states form a union and the sovereign power is divided between a central government and the member states.

Judicial Review

Allows the court to determine the constitutionality of laws

The question the appellate court is asked to answer is the:

Issue {the legal issue}

Who interprets laws?

Judicial Branch

Statutory Law

Law passed by the U.S. Congress or state legislatures which Includes local ordinances.

Substantive Law

Law that defines, describes, regulates, and creates legal rights and obligations.

Procedural Law

Law that establishes the methods of enforcing the rights established by substantive law.

Example of secondary source of law

Legal Encyclopedia

NCCUSL

National Conference of Commissioners on Uniform State Laws

Jurisdiction

The authority of a court to hear a case

Bill of Rights

The first ten amendments to the Constitution

venue

The geographic district in which a legal action is tried and from which the jury is selected.

The first pleading filed by a plaintiff in a civil case is known as:

complaint

apellate jurisdiction

the authority of a court to hear a case appealed to a lower court