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BUSI 2302 Test 1


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Common Law
created by decisions on court cases. Law isn’t dictated, but must be interpreted from the decisions written over time.
Statutory Law
Law enacted by a legislative body (Congress and State Legislatures)
a decision in a case that is used to guide decisions in later cases with similar fact situations.
Stare Decisis
Similar cases will be ruled by following precedent
Standard of Proof
Civil: Liability-Preponderance of the evidence; Criminal: Guilt-Beyond a reasonable doubt
(Man vs. Man) Laws written or unwritten, that specify the duties that exist between and among people, as opposed to criminal matters; Fined for $$, no jail time
(Man vs. Gv’t) Governs or defines legal wrongs, or crimes committed against society. Fine, imprisonment, or both; either a felony or a misdemeanor
Federal Courts
Try federal crimes, bankruptcy, patents, copyrights, and federal questions. Congress can specify by statute exclusive jurisdiction to federal courts
Federal Judges
Nominated by the president and confirmed by the Senate (about 1200 of them). Removed from office only if Congress impeaches them; the goal was to guarantee nonpartisan influences via the selection process.
Original Jurisdiction
The powers of a court to take a lawsuit at its beginning, try it, and pass judgment upon the law and facts.
Limited Jurisdiction
also called special jurisdiction; the power of a court to hear cases only of a particular type where judgments may be issued that only cover certain kinds of disputes (small claims or family courts, for example)
Supreme Court's Jurisdiction
In the federal and state court systems, the highest court of appeal or the court of last resort; such courts are established by federal and state constitutions.
The party that initiates a lawsuit.
the party against whom an action or lawsuit is brought.
Procedural Law
Law that dictates how lawsuits are initiated and go forward (proceedings)
Subject Matter Jurisdiction
power of a court to lawfully affect the thing or issue in dispute.
Federal Court's Jurisdiction
exclusive jurisdiction over an area of law or when there is a clear incompatibility between state-court jurisdiction and federal interests. If there is concurrent jurisdiction, the plaintiff may bring suit in either the state or federal court.
Amount in Controversy
The damages claimed or the relief demanded by the injured party in a dispute.
Personal Jurisdiction
Power of a court to lawfully bind a party involved in a dispute before it.
Long-Arm Statute
a state statute that permits courts to obtain personal jurisdiction over nonresidents as long as the requirements of the statute are met.
Conflict of Laws
Body of law that dictates that when an incident of a case take place in more than one state, the state with the significant interest has its rules apply. (rules vary according to the nature of the dispute)
the geographic area in which an action is tried and from which the jury is selected.
the initial pleading by the plaintiff in a civil action that informs the defendant of the material facts on which the plaintiff bases the lawsuit.
the response of a defendant to the plaintiff’s complaint, denying in part or in whole the charges made by the plaintiff.
statements of the plaintiff and the defendant that detail their facts, allegations, and defenses, which create the issues of the lawsuit.
a claim a defendant asserts against the plaintiff.
the process by which the parties to a lawsuit gather information from each other to reduce the scope of what will be presented in court; process is determined by rules of procedure and may be limited by the court hearing the case.
Expert Witness
a witness with professional training or skill in helping evaluate evidence in a case.
Summary Judgment
a judgment entered by a trial court as a matter of law, when no genuine issue of law is found to exist.
Voir Dire
to “speak the truth.” In the trial stage, preliminary examination of a juror in which the attorneys and the court attempt to determine bias, incompetency, and interest.
Specific Performance
an equitable remedy, whereby the court orders a party to a contract to perform his duties under the contract. Usually granted when money damages are inadequate as a remedy, and the subject matter of the contract is unique.
Money Damages
Money compensation sought or awarded as a remedy for a breach of contract or for tortious acts.
Res Judicata
A rule that prohibits the same dispute between two parties from being relitigated by a court after final judgment has been entered and all appeals exhausted.
ADR- Alternative Dispute Resolution
a process by which the parties to a dispute resolve it through a mechanism other than litigation in court. Alternative dispute resolution includes arbitration, negotiation, and mediation.
Commerce Clause
part of the U.S. Constitution that gives Congress the power to regulate interstate commerce.
Hughes vs. Oklahoma
OK attempted to protect its minnows via a law that burdened interstate commerce. Three-step rule was laid out to guide evaluation of state regulations effecting commerce. Law overturned b/c it was too overbearing to accomplish the one thing it was meant for.
Taxing Authority
given to Congress in the constitution for the purpose of deterring or punishing certain behavior in addition to raising revenue. **a. A state cannot impose taxes upon persons passing through the state or coming into it merely for a temporary purpose
4-Part test for state taxation
i.The tax must apply to an activity having a substantial connection with the state ii.Must be fairly apportioned to those inside and outside the state iii.Must not discriminate against interstate commerce iv.Must be fairly related to services provided by the state.
5th Amendment
protection from self-incrimination (doesn’t apply to businesses), and provides for just compensation (private property taken for public use).
1st Amendment
when applied through the 14th Amendment protects commercial speech from unwarranted government regulation.
14th Amendment
due process & equal protection clause
4th Amendment
Protection from unreasonable search and seizure, but warrantless searches are alright for “closely regulated” businesses.

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