BUS210 Business Law Final Resendez
what are US district courts
- 13 federal judicial circuits - a federal district court is the equivalent of a state trial court of general jurisdiction - at least one federal district court in every state
what is a precedent
- a court decision that guides future decisions
what is injunction
- a court order to do or not do a certain act
what is action
- a court proceeding to enforce or protect a right, or redress or prevent a wrong - someone bringing this in a court can expect a result based on how the law has been applied in cases with similar facts
jurisdiction over persons or property
- a court's power is limited to the territorial boundaries of the state in which it is located - a court can exercise personal jurisdiction over residents of the state and anyone else within its boundaries - a court can also exercise jurisdiction over property located within its boundaries - long arm statute: a state statute that permits jurisdiction over nonresident defendants
who is the plaintiff
- a person who initiated a lawsuit
who is the defendant
- a person who is against whom a lawsuit is brought
what is a complaint
- a pleading alleging wrongdoing on the part of the defendant
what is law
- a rule of civil conduct, commanding what is right, and prohibiting what is wrong - consists of enforceable rules governing relationships among individuals and between individuals and their society
what is diversity of citizenship
- a situation in which parties to a lawsuit are citizens of different states or countries
civil law vs. criminal law
- civil law spells out the rights and duties that exist between persons and between citizens and their governments - criminal law has to do with a wrong committed against the public as a whole
what do pleadings consist of
- complaint, plaintiff, defendant, summons, motion to dismiss, and answer
what are appellate/reviewing courts
- every state has at least one appellate, or reviewing court - subject-matter jurisdiction is limited to hearing appeals - examine the record of a case on appeal and determine whether the trial court committed an error
what is the US court of appeals
- federal for 12 of the 13 federal judicial circuits - hear appeals from the federal district courts - the decisions of the circuit courts of appeals are final in most cases
what is statutory law
- laws enacted by a legislative body - statutes enacted by Congress and the state legislative bodies make up another source of law - includes the ordinances passed by cities and counties
what are damages
- money sough as a remedy for a harm suffered
what is common law
- originated in medieval England - significant source of legal authority - a body of law developed from court decisions - sometimes referred to as case law
what are trial courts
- state trial courts have either general or limited jurisdiction - small claims courts: a trial court for small claims, usually involving $2,500 or less
what are pleadings
- statements of facts, charges, and defenses in a case
what is constitutional law
- supreme law of the land - a state constitution is supreme within the state's borders
what is federal court jurisdiction
- the Constitution gives Congress the power to control the number and kind of inferior courts in the federal system - federal question, diversity of citizenship, concurrent jurisdiction, exclusive jurisdiction
what is jurisdiction
- the authority of a court to decide a specific dispute - according to stare decisis, a judge is obligated to follow the precedents established within his or her _______
what is the US supreme court
- the highest level of the federal court system - has original, or trial court, jurisdiction in a small number of situations - can review any case decided by any of the federal courts of appeals
what is Stare Decisis
- the practice of deciding new cases with reference to previous decisions, or precedents, forms this doctrine - a doctrine under which judges must follow established precedents - "to stand on decided cases"
what is administrative law
- the rules, orders, and decisions created by administrative agencies - a federal, state, or local government body established to perform a specific function
what is remedy
- to enforce a right or compensate for a wrong - a person brings a case to a court of law seeking this - a relief from a wrong
what is exclusive jurisdiction
- when only court has the power to hear a case
what is concurrent jurisdiction
- when two different courts have the power to hear a case
federal court system
US district courts, US courts of appeals, US supreme court, federal court jurisdiction
what is a lawsuit
a judicial proceeding for the resolution of a dispute
Sources of American Law
common law, constitutional law, statutory law, and administrative law
the state court system
trial courts, appellate/reviewing courts
