BUSL 2550 Notes

Below are courts in a typical state court system. Order the courts from 1 to 4 starting with the highest court working down to the lowest court.

1. United States Supreme Court 2. State supreme court 3.Courts of appeals 4.Trial courts

Question The Seventh Amendment's right to a jury in a civil trial The False Claims Act The Supreme Court's decision in Hertz Corp. v. Friend The Equal Employment Opportunity Commission (EEOC) rules on mediation North American Free Trade Agreement (NAFTA) President Biden forgiving student loan debt

1.Constitutional law 2.Statutory law 3.Case law 4.Administrative law 5.Treaty 6.Executive order

Match the activity with the white-collar crime that most likely applies. Question Jerry receives a settlement check from Monk's Cafe as part of a lawsuit over a spilled cup of hot coffee. He changes the amount on the check from $100,000 to $1,000,000. George works for the New York Yankees. The Yankees' CFO authorizes George to use $50,000 to purchase new baseball bats. George purchases $25,000 worth of bats and puts the other $25,000 in his personal bank account in order to book a vacation for himself. Elaine's boyfriend Puddy runs a car service shop. A local drug dealer approaches Puddy to ask if he can filter some of her illegal profits through creative financing of the shop's revenue. Puddy agrees. Kramer uses a pay phone to make horse racing bets but has no intention on paying out any of the winnings.

1.Forgery 2.Embezzlement 3.Money laundering 4.Wire fraud

Question Taylor files a lawsuit on Michael's behalf because Michael does not have enough money to spend on a lawsuit A clause in Michael and Taylor's contract requires any lawsuit to be filed in the Northern District of Illinois. Taylor properly serves Michael's company with a lawsuit summons by sending it to the company's main offices. The state of California sues Michael and Taylor's property within the state for unpaid property taxes in order to seize the property.

1.Standing 2.Venue 3.In personam jurisdiction 4.in rem jurisdiction

Questions The federal government forces Jenny to sell her property to the state so that a highway can be constructed on the land. Virginia passes a law that online merchants from outside the state must pay additional sales taxes. Congress passes a law raising the minimum wage to $15.00 per hour while Ohio's law sets the minimum wage for workers in its state at $8.80 per hour. The Securities Exchange Commission demands access to all the companies at a major hedge fund's main offices to search for evidence of insider trading. New Mexico voters pass a law that out-of-state commercial drivers must apply for a New Mexico commercial drivers license before driving a carrier truck within its state borders. Miguel is charged out-of-state tuition rate to attend school at an Ohio university because Miguel is from Puerto Rico.

1.The Takings Clause 2.The Commerce Clause 3.The Supremacy Clause 4.Due Process Clause 5.The Full Faith and Credit Clause 6.The Privileges and Immunities Clause

Recently, the city of Athens, OH, changed its local laws to prevent discrimination on the basis of gender identity in public spaces. Which type of law is this?

An ordinance

Choose all of the following that apply only to criminal court and not to civil court.

Defendant must enter a plea of guilty, not guilty, or nolo contendere Defendant can be punished with jail or probation Case must be proven beyond a reasonable doubt Answers: Defendant must enter a plea of guilty, not guilty, or nolo contendere Jury decision must be unanimous Defendant can be punished with jail or probation Case must be proven beyond a reasonable doubt

Ben, a bank teller, receives $1,000 from a customer for deposit into the customer's bank account. Instead of placing the money into the customer's account, Ben keeps the money for himself. Which of the following offenses has Ben committed

Embezzlement

Ketanji Brown Jackson was the most recent justice to join the Supreme Court. She was elected to join the eight other justices this year. True or false

False

Pretend you are sued by a customer in federal court in Ohio for allegations of negligence. If that lawsuit gets to a trial, where would that trial begin?

In one of Ohio's two federal District courts

Who was the plaintiff in the Caterpillar, Inc. v. Lewis case?

Mr. Lewis, the injured employee

Thelma sued Louise for an unpaid debt. After discovery, the parties agreed to all the facts presented before the court. The judge ruled for Thelma. What is this process to avoid a trial called?

Summary judgment

Carol's employer, a healthcare facility, is committing fraud against the government by filing false Medicare claims. Under which of the following laws might she personally receive a portion of any recovery obtained by the government?

The False Claims Act

In November 2012, the citizens of the state of Colorado voted to pass an amendment to the state constitution that permits individuals aged 21 and older to use marijuana recreationally, under certain limits. However, in 1970, Congress passed the Controlled Substances Act, which outlaws the recreational use of marijuana, along with other drugs. If challenged in court, which of the following areas of the Constitution will likely apply?

The Supremacy Clause

Juan sued the Discover Computer Company in federal district court for allegedly selling him defective computer equipment. Juan lost his trial, as Discover was found not liable. Which court will Juan need to ask for an immediate appeal of this adverse decision?

The United State Circuit Courts

Recently, former Theranos CEO Elizabeth Holmes was found guilty in federal court in California on charges of criminal fraud and conspiracy to commit criminal fraud. The victims of Elizabeth's alleged fraud claimed that she duped them out of their substantial investments into her company by lying about her the capability of her company's technology. Who was the plaintiff in this criminal trial?

The United States government

A decision from the New Jersey Supreme Court is not binding on a New York trial court, even if New York has no applicable law on the issue involved. True or False

True

A lawsuit in Ohio is most likely to start in a municipal or county court. True or false

True

In the case of Caterpillar, Inc. v. Lewis, the Caterpillar company successfully moved the case to federal court in Kentucky because they were found to be citizens of a different state. True or False

True

Tabitha was arrested for a petty crime. The police have evidence that she stole $100 from her employer's register, a first-degree misdemeanor in the state of Ohio. Tabitha believes she is innocent, but she is afraid that she cannot afford a lawyer for her defense. Under the Sixth Amendment of the Constitution, the state of Ohio is not required to provide a public defender for Tabitha. True or False

True