CSUN BLAW 280: Business Law 16th Ed. Chapter 2 – Flashcards
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§
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Section
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?/ P
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Plaintiff
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?/ D
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Defendant
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K
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Contract
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Unlimited Jurisdiction
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U.S. District Courts and State Trial Courts experience this type of jurisdiction
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Limited Jurisdiction
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Minor criminal and civil dispute cases involving small amounts of money are present at specialized courts who experience this type of jurisdiction
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Appellate Courts
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This type of court generally decides only legal questions that weren't resolved in lower courts
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Subject Matter Jurisdiction
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This power is exercised when a court decides the type of dispute in a case
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In Personam Jurisdiction
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The court's ability to put the defendant on trail based on ?'s residence, location, and activities
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Long-Arm Statutes
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This State statute limits the type of cases in which it will permit exercise of in personam jurisdiction.
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Federal Court Subject Matter: Diversity Jurisdiction
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1) Citizens of Different States are involved and 2) Amount in controversy exceeds $75,000
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Corporations
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These entities are considered citizens of the state where they are incorporated and their principle place of business
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Federal Court Subject Matter: Federal Question Jurisdiction
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When the dispute arises involving the Constitution, laws, or treaties of the United States; no dollar threshold is required
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Common Sense Approach
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Subject Matter Jurisdiction in State Courts
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Concurrent Jurisdiction
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When a State and Federal Court have jurisdiction over a subject matter
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Requirements for General Personal Jurisdiction
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1)Presence, 2)Domicile, 3)Consent
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Sufficient Minimum Contacts (SMC) Test
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1) Relatedness, 2) Purposeful Availment, 3) Nature and Quality of D's Contacts
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SMC Test: Relatedness
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Does P's complaint arise out of D's contacts with forum State?
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SMC Test: Purposeful Availment
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Has D purposefully availed itself of laws of forum state such that D should reasonably expect to be haled into forum state court?
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SMC Test: Nature and Quality of D's Contacts
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Does the nature and quality of D's contacts with forum state make jurisdiction reasonable?
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Preponderance of Evidence
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The amount of certainty to win in a civil court case; the Standard of Proof in most civil cases
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Adversarial Sysytem
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When litigants in a civil court case take contrary positions
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Venue
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Where geographically the case will take place
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Summons
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Document to inform D that they are being sued
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Pleadings
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Document that entails parties' claims and defenses
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Complaint
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Document that must entail sufficient facts to show plaintiff requires legal relief
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Answer
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Document that can entail a counterclaim, an affirmative defense, and a motion to dismiss the trail
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Reply
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Document that allows P to respond to D's Answer
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Motion to Dismiss
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This allows a case to be determined before heading to trial
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Summery Judgement
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This motion asserts that there is a clear outcome of a case and that there is no need for a trail
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Demurrer
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This motion asserts that the P cannot win even if all of the facts are true, due to there not being a rule present to satisfy the case
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Discovery
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The gathering and production of essential evidence
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Depositions
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An examination of a likely witness before the trial
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Arbitration
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When a binding third party attempts to settle a case before it goes to trail
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Mediation
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When a non-binding third party attempts to settle a case before it goes to trial
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Request for Production of Documents
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When the opposing side asks to see what evidence the opposition has discovered
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Pretrial Conference
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When a judge informally meets with attorneys before a trial
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Direct Evidence
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Evidence that does not require any inference to prove a conclusion
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Circumstantial Evidence
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Evidence that requires an inference to prove a conclusion
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Trier of Fac
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Entity that determines facts (judge or jury)
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Verdict
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The outcome of weighing the credibility of physical evidence and testimony based on applying law to the facts.
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Writ of Execution
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The enabling of a sherif to seize the D's property in order to settle judgement
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Garnishment
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The enabling of a sherif to seize the D's assents that are in a third party's possession
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Appeal
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The application to a higher court for a decision to be reversed
