Legal Environment of Business Chapter 3
T or F. Traditionally, judicial restraint has been associated with liberal judges generally appointed by Democratic presidents, whereas judicial activism primarily is linked to conservative judges often appointed by Republican presidents.
False
_____ allows the courts to reevaluate actions taken by the executive branch and to declare them unconstitutional.
Judicial review
federal question cases
cases based on issues arising out of the US Constitution or our of federal statutes
judges
apply the law to the facts & operate our courts
In _____ cases the right to trial by a jury is preserved in suits at common law when the amount in controversy exceeds $20
civil
Lawyers serve 3 roles:
counselor, advocate, & public servant
the ______ is the way we enforce our laws in a property-based legal system
court system
In states with two levels of review, the intermediate courts are usually called the _____.
courts of appeal
intermediate courts are called
courts of appeal
juvenile courts
courts that deal with juvenile crime and dependent children
traffic courts
courts that deal with traffic violations
criminal & police courts
courts that deal with violators of state laws and municipal ordinances
probate courts
courts that deal with wills and the estates of deceased persons
trial judge
determines the applicable rules of law to be used to decide the case (deciding questions of law)
In diversity of citizenship cases, if a case involves multiple plaintiffs with separate and distinct claims, ____.
each claim must satisfy the jurisdictional amount
Federal Rules of Civil Procedure
provide the details concerning procedures to be followed in federal court litigation
jurisdiction
refers to the power of a court, at the state or federal lever, to hear a case
lawyers
represent clients. present evidence, the points of law and argue the law to court
a party is entitled to ___ trial and ____ appeal
1
how many U.S. supreme court justices must vote yes to grant a petition for a writ of certiorari?
4
T or F. The attorney-client privilege cannot be extended to communications made to a lawyer's employees under any circumstance.
False
_____ of the U.S. Constitution provides that judicial power be vested in the Supreme Court and such lower courts as Congress may create.
Article III
T or F. The function of a lawyer is to determine the applicable rules of law to be used to decide a case.
False
T or F. The philosophy of judicial activism is sometimes referred to as strict constructionism.
False
T or F. All states and federal courts have rules of procedure that require a jury to consist of 12 persons in both criminal and civil cases.
False
T or F. Judges who identify with judicial restraint are strongly against the opinion that federal courts ought to defer to the actions of the states or of the coordinate branches of the government.
False
T or F. The U.S. Supreme Court grants the petition for a writ of certiorari and allows another review as a matter of right.
False
T or F. Juries are used in only a very small percentage of all cases in U.S. courts.
True
T or F. courts do not except cases involving trivial matters
True
T or F. diversity of citizenship cases have a jurisdictional amount of more than $75,000
True
T or F. trial courts are courts of general jurisdiction
True
petition for a writ of certiorari
a request by the losing party in the court of appeals for permission to file an appeal with the U.S. supreme court
appellate courts
act as reviewing courts and generally are concerned with issues of law
In populous states, there are 2 levels of reviewing courts:
an intermediate level court and a court of final resort
jurors
find or determine the facts from the conflicting evidence (facts found are given great deference)
what duty does the judge pick up when there is no jury?
he is also responsible for finding the facts
the lawyers duties to each client require:
highest degree of fidelity, loyalty, & integrity
what is the most significant power of the courts?
judicial review
the individuals who operate our courts are called judges or __________
magistrates
justices
members of the court, decide an appeal & they often give reasons for their decisions
small-claims court
one court of limited jurisdiction (falling below trial court), handles much of the litigation between businesses & its customers
diversity of citizenships
requires that all plaintiffs be citizens of different states from all defendants
trial courts (depending on state) are named:
superior court, circuit court, district court
when there is only one in the state, an appellate court is called ________.
supreme court of the state
state court
systems are created, and their operations are governed, from 3 sources
diversity jurisdiction
the citizenship of all members of a partnership
what are the 2 major court systems in the US?
the federal courts & the 50 state courts
appellate court
the parties to litigation are entitled as a matter of right to review of their case by a higher court if the requirements of procedural law are followed in seeking the review
subject matter jurisdiction
the power over the issues involved in the case
general jurisdiction
the power to hear any type of case
limited jurisdiction
the power to hear only certain types of cases
judicial review
the power to review laws passed by the legislative body and to declare them to be unconstitutional and void or to review actions taken by the executive branch and to declare them unconstitutional
writ of certiorari (petition for leave to appeal)
the procedure for requesting a second review
For purposes of diversity jurisdiction, a corporation is a citizen of the state of incorporation and also a citizen of:
the state in which it has its principal place of business
petit jury
the trial jury that returns a verdict in both situations
judicial review
the ultimate power to invalidate actions by the president or the Congress
reviewing courts
these courts focus only on the law
trial court
this court is responsible for determining both the facts and the law in the case
judicial restraint
those who believe that the power should not be used except in unusual cases
judicial activism
those who think that the power should be used whenever the needs of society justify its use
In cases with a jury, what is the jury in charge of?
to decide questions of fact
A lawyer's first duty is:
to the administration of justice.
parties file their lawsuits or complaints seeking to protect their property rights or redress a wrongdoing. the complaint describes the parties, the facts and law giving rise to cause action, the authority of the court decide the case, and the relief requested from the court
trial courts
the federal court systems and most state courts contain 3 levels:
trial courts, courts of appeals, and supreme courts