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??