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Business Law Ch. 4


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The power of judicial review
The courts can decide whether the laws or actions of the executive branch and the legislative branch are constitutional
Marbury vs. Madison
1803 case that decided the power of judicial review
the authority a court has to hear and decide a specific action. Must have juridiction over (1) the defendant or the property involved and (2) the subject matter
in personam
A court has in personam (personal) jurisdiction over state residents
Long arm statutes
Permit courts to exervise jurisdiction over nonresidents how have minimum contacts with the state (do business there)
in rem
A court has in rem jurisdiction over property within its borders
general jurisdiction
A court of general jurisdiction can decide virtually any type of case.
A court's jurisdiction may be limited by...
1. The subject of the suit
2. The amount of money in controversy
3. Whether the proceeding is a trial or appeal
Diversity of citizenship
Federal jurisdiction covers cases involving...
(1) Citizens or different states, foreign states and government
(2) Amounts more than $75,000
Exclusive jurisdiction
When cases can be tried only in federal courts or only in state courts (bankruptcy)
Concurrent jurisdiction
When both federal and state courts can hear a case (federal crimes)
Jursidiction in cyberspace
Whether a court can compel the appearance of a party outsie the limits of the court's jurisdiction depends on the amount of business the party transacts over the Internet with parties within the court's jurisdiction
Standing to sue
Standing = the injury or threat suffered by the plantiff. Must be present for plantiff to bring a suit and it must be justiciable (real, as opposed to hypothetical)
Trial courts
Where trials are held and testimony is taken
Courts of appeals
Look at questions of law NOT questions of fact unless a trial court's findings are contrary to the evidence.
U.S. District Courts
Where trials are held and testimony is taken for federal cases
U.S. Courts of Appeals
* The country is broken up into 12 circuits, each with their own court of appeals.
*The 13 court of appeals deals with certain cases such as patents or when the U.S. governtment is defendant
The United States Supreme Court
*Highest level of federal court system
*To be appealed to the Supreme Court, party must ask for the writ of certiorari.
*Accepting the writ is up to the Court
voir dire
"to speak the truth" The process in which attorneys question prospective jurors to determine whether they are biased or have any connection with the party
preremtury challenge
lawyer can challenge jurty and decide they don't want a certain person on the jury
default judgement
By a court against a defendant who has failed to appear in court to answer the complaint
motion for a directed verdict
Asking the judge to make a decision based that the other party has not produced sufficient evidence to support the claim
Made by the defendant in a civil lawsuit against the plaintiff. Defendant turns around and sues toe plaintiff
motion for judgement N.O.V.
When party feels the judgement was unreasonable, a motion requestion the court to grand judgment in their favor
motion for judgement on the pleadings
Any party can file the motion when no facts are disputed and only questions of law are at issue. Can only consider those facts stated in pleadings.
motion for summary judgement
Any party can file this motion if there is no disagreement about the facts and the only question is which laws apply. Can consider facts outside the pleadings.
a phase in the litigiation process which th oppossing parties may obtain information rom each others and third party prior to trial
The testimony of a party to a lawsuit or a witness taken under oath before trial
a series of written questions for which written answer are prepared
motion for a new trial
Asserting that the trial was so fundamentally flawed (because of error, newly discovered evidence, ect) that a new trial is necessary to prevent a miscarriage of justice
One who files a notice of appeal with the clerk of the trial court
One who files an answering brief
Options of appellate court
1. Affirm; enforce the lower court's order
2. Reverse
3. Remand: send back to court that originally heard the case

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