Test 1

uniform division of income tax for purpose act

% corp nationwide property located in state % corp sales made to residents of state % corp payroll paid to residents of state

8th amendment

No cruel/unusual punishment, no excessive fines

State court systems

all have supreme courts

article 1 sect 8 clause 1

power to tax

Parties present their arguments to appellate courts by:

presenting oral briefs and written arguments

Federal appeals court

there are twelve circuit courts of appeals not counting the federal circuit courts of appeals usually assign three-judge panels to review decisions of district courts the U.S. government does not have the right to appeal a decision in a criminal case the judges are appointed until they reach age 70, but they may hear cases after age 70

Magistrates cannot try cases in the place of a district judge unless both parties agree because

they are not appointed under article 3 of the constitution

Court of Appeals for the Federal Circuit primarily hears appeals from the district courts involving:

patent/trademark/copyright

The formal statements made to the court by the parties to a case that list their claims and defenses are called:

pleadings

5th amendment

self incrimination/property -can be forced by court order

complaint

sets forth the plaintiff's claim against the defendant

The general conflict-of-law rule for tort cases is that

the law of the place where the tort occurred applies

A case is ready to go to trial after completion of:

the litigation process

How many judges preside in a court of original jurisdiction?

1

When authorized by the Judicial Conference of the United States, federal judges may

Appoint 1+ magistrate for 8 year terms

14th amendment

Due process/equal protection, BOR--> state gov, conscience and fundamental liberties

1st amendment

Freedom of Speech

the Federal Rules of Civil Procedure

Many aspects of the civil litigation process between two parties in the federal court system, including pleadings, discovery, trial procedures, and motions, are governed by:

Foreign commerce

NO taxation by state

2nd amendment

Right to bear arms

. The Federal Rules of Civil Procedure were developed by an advisory committee appointed by:

Supreme court

mediation is

a way for the plaintiff to reduce attorney costs

examples of affirmative defense

a. self-defense b. assumption of risk c. contributory negligence

exclusionary rule

anything improperly gathered cannot be included at trial

An arbitrator's award is based on:

application of law based on evidence presented

federal judges CAN ONLY be impeached for

bribery & treason

mediators

cannot be required to testify

Article 1 Sect 8

commerce clause = business, congress power to regulate business

Congress imposes regulation on industry that has limiting effect

congress may burden interstate commerce but states can't unless authorized by congress

Negotiated settlements are usually:

contracts enforced by court

Federal courts of limited or special jurisdiction include:

court of appeals and federal circuit -U.S. Court of International Trade -U.S. Court of Federal Claims -U.S. Bankruptcy Court

According to the Federal Arbitration Act:

courts must uphold agreements to arbitrate

reg. takings

destruction of property value must be almost done for compensation to be due

A preliminary injunction is usually in force until

dispute is resolved

An interlocutory injunction is usually in force until

defendants attorney rescinds it

counterclaim

defendants claim against plaintiff

eminent domain

gov takes private property for private use

takings clause

government compensation for taking property

16th amendment

income tax

Failure to comply with an arbitrator may result in:

loss of case

for a state to have jurisdiction over an out-of-state business there must exist:

minimum contacts

Regulation of commercial speech

narrowly tailored to achieve desired objective

adversary system of justice

reflect the belief that truth is discovered through the presentation of competing ideas require opposing parties to argue their positions before a court require an actual case or controversy require a judge to apply the law to the facts established

in rem jurisdiction

resolve disputes over property located in their state

7th amendment

right to jury for civil cases

6th amendment

right to jury for criminal cases

4th amendment

unreasonable search and seizure

Hughes vs. OK

whether another rule would have a more beneficial impact on the state??