LS 246 Exam 1- UAB (Mellon)

Standing to sue

the legal requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit

jurisdiction that exist when two different courts have the power to hear a case

Concurrent Jurisdiction

The body of law derived from the U.S constitution and the constitutions of the various states

Constitutional Law

The branch of law that defines and punishes wrongful actions committed against the public.

Criminal Law

An informal term used to refer to all laws governing transactions conducted via the internet.

Cyberlaw

One against whom a lawsuit is brought, or the accused person in a criminal proceeding

Defendant

a basis for federal court jurisdiction over a lawsuit between citizens of different states and countries

Diversity of citizenship

The law that governs relations among nations.

International law

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

Probate court

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

Procedural Law

Justiciable Controversy

a controversy that is not hypothetical or academic but real and substantial; a requirement that must be satisfied before a court will hear a case

Small claims court

a special court in which parties can litigate small claims without an attorney

Writ of Certiorari

a writ from a higher court asking a lower court for the record of a case

In Faber College v. Delta Tau Chi, a state supreme court held that a minor could cancel a contract for the sale of a car. Now a trial court in the same state is deciding Kent "Flounder" Dorfman v. Omega Theta Pi, a case with similar facts. Under the doctrine of stare decisis, the trial court is likely to

allow the minor to cancel the contract

Heart of Atlanta Motel, Inc. v. United States is the landmark case that confirmed the expansive power of Congress to use the Tax and Spend Clause of the Constitution in collection of federal taxes.

false

Most states do not enforce arbitration laws

false

Stare decisis is the Latin term for the jury selection process

false

federal courts can exercise jurisdiction over cases involving diversity of citizenship (for example citizens of different states) as long as the amount in controversy between the parties is more than $40,000

false

a question that pertains to the U.S constitution , an act of Congress, or a treaty and provides a basis for federal jurisdiction in a case.

federal question

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

. Long arm statute

Examples of primary sources of law

1. The U.S constitution and the constitutions of various states. 2. Statutes, or laws, passed by Congress and by state legislatures. 3. regulations created by administrative agencies, such as the FDA 4. Case Law (court decisions)

The law and business intersect in important ways. What is correct: A. The law controls the relationships between parties B. Business's top priority is to find ways to work around laws and regulations. C. The law provides a mechanism by which government regulates business behavior

A.The law controls the relationships between parties C. The law provides a mechanism by which government regulates business behavior

Initiation of lawsuit: By filing a complaint Decision: By jury or judge Result: Judgement Remedy: Monetary damages

Action at Law

Initiation of lawsuit: By filing a petition Decision: By judge (no jury) Result: Decree Remedy: Injunction, specific performance, or rescission.

Action in Equity

A federal, state, or local government agency established to perform a specific function.

Administrative Law

Rules, orders, and decisions of administrative agencies

Administrative law

The body of law developed from custom or judicial decisions in English and U.S courts, not attributable to a legislature

Common Law

Any source of law that a court must follow when deciding a case. *EX* Constitutions, statutes, regulations, court decisions with precedence within the jurisdiction.

Binding Authority

The failure to perform a legal obligation

Breach

The rules of law announced in court decisions. Interprets statues, regulations, constitutional provisions, and other case law.

Case Law

A reference to a publication in which a legal authority—such as a statute or a court decision - or other source can be found

Citation

The branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters.

Civil Law

A system of law derived from Roman law that is based on codified laws (rather than on case precedents)

Civil Law system

Statutory laws are written by both federal and state administrative agencies.

False

The common law is a term for law that is common throughout the world.

False

A school of legal thought that looks to the past to determine what the principles of contemporary law should be

Historical School

The process by which a court decides on the constitutionality of legislative enactments and actions of the of the executive branch

Judicial review

An area in which a court or courts have the power to apply the law.

Jurisdiction

the authority of a court to hear and decide a specific case.

Jurisdiction

The science or philosophy of law

Jurisprudence

A body of enforceable rules governing relationships among individuals and between individuals and their society.

Law

A school of legal thought centered on the assumption that there is no higher law than the laws created by a national government. Laws must be obeyed, even if they are unjust, to prevent anarchy.

Legal Positivism

a school of legal thought that believes that the law is only one factor to be considered when deciding cases and that social and economic circumstances should also be taken onto account.

Legal realism

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

Liability

law that pertains to a particular nation (as opposed to international law).

National Law

The oldest school of legal thought, based on the belief that the legal system should reflect universal ("higher") moral and ethical principles that are inherent in human nature.

Natural law

A document that establishes the law on a particular issue, such as a constitution, a statute, or administrative rule or court decision.

Primary Source of Law

A regulation enacted by a city or county legislative body that becomes part of that state's statutory law.

Ordinance

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

Persuasive Authority

One who initiates a lawsuit

Plaintiff

A court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar legal principles or facts.

Precedent

The relief given to an innocent party to enforce a right or compensate for the violation of a right.

Remedy

If a provision in the Florida state constitution conflicts with a provision in the U.S. Constitution

The U.S constitution takes precedence

Supreme law of the land

The U.S. Constitution

A publication that summarizes or interprets the law, such as a legal encyclopedia, a legal treatise, or an article in a law review.

Secondary Source of Law

A common law doctrine under which judges are obligated to follow the precedents established in prior decisions.

Stare Decisis

The body of law enacted by legislative bodies (as opposed to constitutional law, administrative law, or case law).

Statutory Law

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

Substantive Law

1. U.S district courts (trail courts of general jurisdiction) 2. U.S Court of appeals (intermediate courts of appeals) 3. U.S Supreme court

The federal court system is made up of what 3 "tiers"

Judges apply common law rules when deciding cases

True

One way to obtain personal jurisdiction over a defendant is where an out-of-state defendant enters the state where the court is located, and the defendant is served with a summons and a complaint while in the state.

True

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

Uniform Law

a federal court of limited jurisdiction that handles only bankruptcy proceedings, which are governed by federal bankruptcy law.

bankruptcy court

Question of law

in a lawsuit, an issue involving the application or interpretation of a law.

Question of fact

in a lawsuit, an issue that involves only disputed facts, and not what the law is at a given point.

exclusive jurisdiction

jurisdiction that exist when a case can be heard only in a particular court or type of court.

venue

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