BSAD 234 Exam 1

federal courts

US district courts: original juris. in matters involving federal question and concurrent with state when diversity juris. exists, also fed bankruptcy and tax can have original US courts of appeals: 13 of them, national appellate juris., can be patent law, when us govt is a defendant SUPREME COURT: can have original or appellate. any case from us court of appeals or from state courts with a fed question

in personam jurisdiction pg 29

a court can exercise this type of jurisdiction (personal jurisdiction) over any person or business that resides in a certain geographic area--matching that court

a party can appeal the decision to the United States Supreme Court if​__________

a federal question is involved.

substantive law

all laws that define, describe, regulate, and create legal rights and obligations

procedural law

all laws that outline the methods of enforcing the rights established by substantive law

state court systems

all vary may include: trial courts with limited jurisdiction, trial courts with general jurisdiction, appellate court, states highest court. general trial court: civil disputes, criminal prosecutions, some may have appeals from limited trial court limited jurisdiction court: minor things, local municiple courts(traffic, drugs, domestic relations), small claims courts(civil cases of less than certain amount) appellate- deal with question of law, not of fact (then goes to highest state court if appealled) **state court decisions will go to the supreme court only if a constitutional or federal issue is involved

In a suit by the National Forest Preservation Organization (NFPO) against Old Growth Logging, Inc., NFPO serves a written request for Old Growth to admit the truth of matters relating to the trial. Old Growth's admission in response is the equivalent of​___________

an admission in court.

damages:

an amount given to a party whose legal interests have been injured

James and Kay enter into a contract for the sale of a bicycle, but Kay later refuses to deliver the goods. James asks a court to order Kay to perform as promised. Ordering a party to perform what was promised is​ ________

an equitable remedy.

writ of certiorari pg 42

an order issued by the supreme court to a lower court requiring the latter to send it the record of the case for review, needs at lest 4 of the 9 SC judges in order to do so (rule of 4)

injunction

an order to a party to cease engaging in a specific activity or to undo some wrong or injury

binding authority

any source of law that a court must follow when deciding a case

motion to dismiss pg 57

asks court to dismiss the case for reasons stated in the motion, can be given by either party, but is usually the defendant

motion for summary judgement

asks the court to grant a judgement in that party's favor without a trial, may consider evidence from pleadings and outside pleadings. - Will only grant if no facts are in dispute. - Only question is how the law applies to the facts. - evidence is considered in the light most favorable to the opposite party

a court of general jurisdiction

can decide cases involving a broad array of issues (state trial court, federal district court)

state and federal court systems

ch 2, pg 37, 40 etc

ethics:

ch 5

The UCC provides a set of rules governing​:

commercial transactions.

complaint pg 54

contains statements or allegations concerning: 1. jurisdiction 2. legal theory 3. remedy

t/f: A treaty is a contract or other agreement between two or more nations that must be ratified by the United Nations to take effect.

false

t/f: According to utilitarianism, it does not matter how many people suffer a negative effect from an act.​

false

t/f: Generally, a foreign government cannot sue under U.S. antitrust laws in U.S. courts.

false

t/f: The U.S. government does not generally regulate private spaceports and the launch and reentry of private spacecraft.

false

Hua, a resident of Illinois, owns a warehouse in Indiana. A dispute arises over the ownership of the warehouse with Jac, a resident of Kentucky. Jac files a suit against Hua in Indiana. Regarding this suit, Indiana has​ ________________

in rem jurisdiction.

US courts will enforce arbitration when:

list on p 390

Business ethics is consistent only with​

long-run profit maximization.

The Montana Supreme Court rules against Natural Grocery Mart in a case against One Stop 2 Shop Stores, Inc. Natural Grocery files an appeal with the United States Supreme Court. The Court does not hear the case. This...

means that the Montana court's decision is the law in Montana.

In Hazel's suit against Ingrid, the court issues a judgment in Ingrid's favor. If the case is appealed to an appropriate court of appeals, the appellate court will hear​_____

none of the evidence.

majority opinion

not a unanimous agreement, outlines the views of the majority of the judges deciding the case

To resolve a dispute in nonbinding arbitration, Alyson in Baltimore and Chuck in Denver utilize E-Resolve, an online dispute resolution (ODR) service. This limits these parties' recourse to the courts​

not at all.

court of limited jurisdiction

only can hear specific types of cases (probate courts, bankruptcy courts) more on pg 30

arbitration pg 44

only set aside if one of 3 things occurs: 1. arbitrator conducts in "bad faith" substantially prejudices the rights of one of the parties (biased) 2. the award violates a public policy 3. the arbitrator exceeds their powers, or arbitrates on issues that the two parties did not agree to submit to arbitration

specific performance

ordering a party to perform an agreement as promised

Blue Space Corporation launches exploratory space flights to the moon and Mars. The purpose is to discover and retrieve minerals and other resources. Under U.S. Law, Blue Space

owns what it retrieves in space.

principles (of rights, kantian, utilitarianism, religious)

pg 102-103

original and appellate jurisdiction

pg 30- federal district courts are original

federal questions

pg 30- jurisdiction is limited any lawsuit involving a federal question can originate in a federal court case with diversity of citizenship can be original at the fed. courts

service of process

pg 54

answer

pg 55

motion for judgment on the pleadings

pg 60 asks court to decide the issue solely on the pleadings without proceeding to trial, judge may only consider evidence contained in the pleadings

discovery

pg 61

motion for a judgment as a matter of law (motion for a directed verdict)

pg 67 - evidence looked at in light most favorable to plaintiff - granted if there is insufficient evidence to raise an issue of fact - on the ground that the plaintiff has presented no evidence to support their own claim

motion for a new trial (post trial motions)

pg 68

motion for judgment nov (post trial motions)

pg 69- not withstanding the verdict, only granted if jury gave an unreasonable or erraneous verdict. if granted, jurys verdict is put aside and new judgement is made in favor of the opposing party

dissenting opinion

presents the views of one or more judges who disagree with the majority view.

standing to sue p35/37

requires 1. harm 2. causation 3. remedy

diversity of citizenship pg 30/31

requires both: 1. the plaintiff and defendant must be residents of different states. 2. the dollar amount in question must exceed $75,000.

remedies in equity

specific performance, injunction, and rescission

Mediocrité, Inc., makes and sells goods that are substandard. Naomi, who has never bought or used a Mediocrité item, files a suit against the firm, alleging that its products are defective. The company's best ground for dismissal of the suit is that Naomi does not have​ __________.

standing

As CEO of Alabama Archery Supplies, Bertrand applies ethical standards derived from religious principles. For businesses, religious principles can be​:

the basis for an action that leads to negative publicity, a rallying point to increase employee motivation, AND ​a unifying force for employees.

rescission

the cancellation of a contractual obligation

The Appellate Division of the New York Supreme Court issues an opinion that can be found at 137 A.D.3d 409, 26 N.Y.S.3d 66. "137" is​ __________.

the number of the volume in the official reports of the court's decisions.

t/f: A foreign citizen can bring a civil suit in a U.S. court for a violation of an international tort law.

true

t/f: Expropriation occurs when a government seizes private property for a proper public purpose and awards just compensation.

true

long arm statute pg 29

under the authority of a state long arm statute, a court can exercise personal jurisdiction over certain out-of-state defendants based on activities that took place within the state, BUT, it is required to have proof that the defendant had sufficient contacts, or minimum contacts with the state to justify jurisdiction

sliding-scale standard pg 32

used to determine if a court can exercise personal jurisdiction over an out of state defendant based on web activities. *rules listed in book

concurrent jurisdiction

when both fed. and state courts have the power to hear a case (ex div. of citizenship)

exclusive jurisdiction

when cases can only be tried in fed or only in state courts

concurring opinion

written by a judges who agrees with the majority opinion, but for different legal reasoning

Criminal law is concerned with​ __________

wrongs committed against the public as a whole.

Global Fashion, Inc., a U.S. firm, and Haute Couture, a Haitian firm, are parties to a contract that specifies the official language of the contract is English. This is _____________

​a choice-of-language clause.

Brick & Mortar Construction & Masonry Corporation's ethics committee is asked a question: Should the firm bid low to obtain a contract that it knows it can fulfill only at a higher price? A practical method of investigating and answering this question involves all of the following steps except​______

​absolution.

As part of a hiring process, Codex Marketing Company conducts an Internet search to discover what a job candidate has posted. To Codex, this act should present​_______

​an ethical issue.

in rem jurisdiction pg 29

"jurisdiction over the thing" court can exercise jurisdiction over property that is located within its boundaries

stare decisis (two aspects) pg8

"to stand on decided cases" 1. a court should not overturn its own precedents unless there is a compelling reason to do so 2. decisions made by a higher court are binding on lower courts

Rawl's Justice Theory (only in notes)

1. liberty is important, so long as it does not infringe on the liberty of others 2. inequality is okay, only if the worst off are better than they would be under equal distribution (if everyone becomes better off with inequality)

Destiny and Enzo engage in a business transaction. When a dispute arises, Destiny initiates a lawsuit against Enzo by filing a complaint. If Enzo files a motion to dismiss, he is asserting that​_________

Destiny did not state a claim for which relief can be granted.

T/F: A counterclaim is raised by a plaintiff against a defendant's answer.​

FALSE

T/F: A jury's good sense and careful consideration of consequences is known as jurisprudence.​

FALSE

T/F: A motion for a new trial will be granted only if the trial judge feels that it is appropriate to grant a judgment for the other side.​

FALSE

T/F: Either party may appeal a jury's verdict but only the plaintiff may appeal a judge's ruling.​

FALSE

T/F: Most online dispute resolution services apply international principles promulgated by the United Nations to resolve disputes.​

FALSE

T/F: No party can appeal a judge's ruling on a pretrial motion.​

FALSE

T/F: The United States Supreme Court does not have original jurisdiction in any case.​

FALSE

T/F: When a U.S. firm wishes to increase its involvement in an international market, it normally establishes an agency relationship with a foreign firm.

FALSE

t/f: A motion for summary judgment may be made before, during, or after a trial.​

FALSE

IRAC (basic steps in legal reasoning) pg 10/11

ISSUE: what are the key facts and issues? RULE: What rule of law applies? APPLICATION: how does the rule of law apply to the particular facts and circumstances? CONCLUSION: what conclusion should be drawn?

Mountain States Trucking wants to initiate a suit against Open Pit Mining Corporation by filing a complaint. The complaint should include a statement alleging the facts establishing​ _____________

Mountain's basis for relief.

how to read citations

PG 17

comity

PG 389 courts in the US give deference to legal acts of another country so long as they don't conflict with US public policy

Act of state doctrine

PG 390 courts in the US won't rule on the validity of a foreign governments acts within that nations territory

sovereign immunity

PG 390 you cannot (generally) sue a sovereign nation in a US court (jurisdictional/procedural)

Pietro files a suit against Qiana. If Qiana fails to respond,​

Qiana will have a default judgment entered against her.

T/F: A motion for a directed verdict is also known as a motion for judgment as a matter of law.​

TRUE

T/F: Companies are required to set up confidential systems so that employees can "raise red flags" about suspected illegal or unethical accounting practices.

TRUE

T/F: In most states, if neither party requests a jury, the court presumes the parties waive this right.​

TRUE

T/F: "UCC 2-207(1)" is a citation to Uniform Commercial Code Section 2-207, subsection 1.​

TRUE

T/F: A case is remanded when it is sent back to a trial court for further proceedings consistent with the opinion of the appellate court.​

TRUE

T/F: A choice-of-law clause in an international contract designates the applicable law.

TRUE

T/F: A nation that launches objects into space is absolutely liable for personal injury and property damage caused by its objects on Earth or in flight.

TRUE

T/F: Discovery is the process of obtaining information from an opposing party before trial.​

TRUE

T/F: Most state trial court decisions are not published.​

TRUE

T/F: Quotas include limits on the amounts of goods that can be exported.

TRUE

T/F: Remedies in equity include injunctions.​

TRUE

T/F: Under the Foreign Sovereign Immunities Act, a foreign state can be a political subdivision of a foreign state.

TRUE