Business Law Chapter 2 Review questions – Flashcards
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What is the definition of a court?
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Is an partial tribunal established by government to hear and decide matter brought before it and provide remedies when wrongs are committed.
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What relief is sought in a court of law?
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money and punishment
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What relief is sought in a court of equity?
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Extraordinary relief- not only money, will contest, divorce, child custody, land disputes etc.
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What is Jurisdiction?
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The power of a court or authority to hear a dispute and render a binding decision.
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Can jurisdiction be waived?
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Cannot be waived
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What is the subject matter Jurisdiction?
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Based on the type of case.
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What is original Jurisdiction?
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the authority to hear a controversy when it is first brought to court
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What is general Jurisdiction?
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Court can hear more than one kind of case. (Civil and Criminal)
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What is limited Jurisdiction?
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Courts can only hear one or two types of case. (Youth, Tax, Bankruptcy)
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What is appellate Jurisdiction?
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Court of appeals. Court of review. Not a trial court.
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What is personal jurisdiction?
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Over the parties.
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How do we bring an out of state defendant into court?
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Has to have jurisdiction over people in that court. Service of process.
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What is due process?
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Fundamental Fairness
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What are the due process requirements in the court system?
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1. Notice 2.Opportunity to be heard
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What is venue?
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Geographic location
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Can venue be waived?
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It can be waived and moved
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What are the 3 levels of courts in the federal court system?
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1. US District Courts 2. US Court of Appeals 3. US Supreme Court
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What are the 3 levels of courts in the state court system?
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1. State Circuit Court 2. State Court of Appeals 3. State Supreme Court
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Which courts are trial courts?
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Federal District Courts or General Trial Court
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What does a trial court do?
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Discover the true facts and make a decision based on them
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What does an appellate court do?
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A court having jurisdiction to review decisions of a trial-level or other lower court.
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What are the 3 ways a civil case gets into federal court?
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1. Under original (trial) jurisdiction (disputes between the states) 2. Under appellate jurisdiction from federal courts 3. Under appellate jurisdiction from the states if the other avenues of appeal have been exhausted and the case involves a preserved federal question.
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How does a federal Judge get his job?
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Appointed
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How does a state court judge get his job?
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Elected
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How does a case come before the U.S. supreme court?
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They have screening process for cases. They are required to hear death penalty cases
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What is a writ of certiorari?
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Order a higher court issues in order to review the decision and proceedings in a lower court and determine whether there were any irregularities
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What is the rule of 4?
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Four of the nine justices must agree to hear a case in order for it to be accepted on appeal
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What 2 threshold questions must be answered before a case can begin?
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Standing; something to gain or lose? Case & Controversy; Did something really happen?
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What are the 4 privileged/confidential relationships recognized in law?
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1. Attorney Client- what you tell is confidential general rule 2. Doctor Patient- what you tell the doctor is confident 3. Priest Penitent- confessional at spirital advisor to forgive your soul 4. Spousal President- with an intact marriage is protected
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How does a lawsuit begin?
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Begins with the filing of a complaint or pleadings, statement of cases and the basis for recovery if all the facts alleged can be proved
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What are the documents called in a lawsuit?
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Pleadings
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What is discovery?
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Requires each side to name its potential witnesses and to provide each side the chance to question those witnesses in advance of the trial
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What are 4 methods of discovery?
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Deposition Interrogatories Medical Exam Production of documents
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What is a deposition?
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Testimony of a witness taken under oath outside the courtroom
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Who can give a deposition?
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A court reporter takes them
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What are interrogatories?
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Written questions used as a discovery tool that must be answered under oath
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Who can be required to answer interrogatories?
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Written questions and limited to parties in suit only
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What do we call jury selection?
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Vior Dire Examination
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Why does the plaintiff go first?
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The Plaintiff goes first because they are the people suing the defendant, which gives them the ability to go first
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What is it called when the plaintiff goes first?
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Filed a lawsuit
