Business Law Mid-term Exam

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What is the key to the courtroom?: Jurisdiction
What is latin for "judge speech"?: Jurisdiction
What is the power of a court to hear and decide a case?: Jurisdiction
What is power over the case?: Subject matter jurisdiction
All cases usually state or federal cases?: State cases
What are the two most common types of federal subject matter jurisdiction?: Federal question and Diversity
What is the case in federal question based on?: Federal law
Is the amount of money influenced in federal questisn?: No
What is the case in diversity based on?: Federal law
Is the amount of money influenced in diversity?: Yes, must exceed $75,000
How do opposing parties influence diversity?: Must be from different states
What are two common diversity cases?: Civil injuries and contracts
What are the three rules for which state has subject matter jurisdiction?: Where the party resides, where the incident occurred, where property is located
What two questions influence which court within the chosen court system has subject matter jurisdiction?: Petty case or major case? and General court or specialized court?
What is power over the parties?: Personal Jurisdiction
What kind of jurisdiction is required in every case?: Personal jurisdiction
What is in rem jurisdiction?: jurisdiction over the property
What are the three traditional grounds for personal jurisdiction?: consent, residence and presence
How do the plaintiff and the defendent influence consent?: Plaintiff consents, Defendant rarely consents
What are the two qualifications for a person to have residence?: residence of state is physically persent, state can require jurisdiction if not physically present
What are the two qualifications for a business to have residence?: principal place of business in state, incorporated in state
What are two qualifications for a person to be physically present in the state?: even if only temporary, even if lured there
What is a state statute describing which nonresidents can be sued there?: Long arm statute
Which rules must be consistent with International Shoe for long-arm statutes?: defendant has contacts with the state, suit based on defendant's activities in state, fair and just
When does PA take personal jurisdiction over long-arm statutes?: supply goods/services to anyone in state, hold state license
What states have long-arm statutes that include e-businesses?: California, New York, Virgina, Maine
What are the two types of courts?: Trial and Appellate
What is the purpose of trial court?: To conduct trials
What are the 4 parts of conducting trials?: Recieve evidence, evaluate its credibility, apply the appropriate law, make decision
What are the 3 steps in an appellate court?: review record of lower court, review attorney's argument, make decision
What are ways to review the record of lower courts in an appellate court?: notes of testimony, documentary evidence, photos/descriptions of physical evidence
What are the two documents used to review the attorney's argument in an appellate court?: written briefs, oral arguments
What are the two types of court systems?: Federal and state
What are the eight stages of civil litigation?: pleadings, discovery, pretrial conferences, jury selection, trial, post-trial motions, appeals, enforcement/execution of judgements
What are documents of each party, containing their contentions?: pleadings
What are the two major pleadings?: Complaint and answer
Who makes the complaint?: plaintiff
Who makes the answer?: Defendant
What are the 4 purposes of the complaint?: commence lawsuit, obtain jurisdiction, notify defendant of claim against him/her, request relief
What is service of process?: delivery of complaint to defendant
How does service of process fulfill the 14th Amendment?: obtains personal jurisdiction
What must there be for the service of process?: method that is reasonably calcualted to give the defendant notice of the claims against them
What are the 2 purposes of the answer?: respoond to allegations in complaint, add additional material, affirmative defenses and counterclaims
What permits each attorney to obtain information from an opposing party?: Discovery
What are the 2 goals of discovery?: to prepare for trial, to prevent surprises
What is discoverable? (3 conditions): anything broadly relevant to the case, so long as it is not privileged, not unduly burdensome on other party
What is a right to privacy, based on a confidential relationship?: Privilege
What are 5 examples of privileges?: attorney/client, doctor/patient, priest/supplicant, spousal relationship, attorney work product (work attorney does on a case), common interest (between attorney's in different lawfirms)
What are the 6 methods of discovery?: interrogations, deposition, physical examination, medical examination, mental examination, request for admissions
What are written questions mailed to another party in the lawsuit?: interrogations
What are the features of interrogations?: fast, cheap, easy to send, can gather huge amounts of information
How long does the opponent have to answer in an interrogation?: 20-40 days
Is there an opportunity to observe answering party in an interrogation?: No
What is a face to face question and answer session?: deposition
What are the features of depositions?: time-consuming to prepare and conduct, costlier way to get information, deponent can be observed, little opportunity to falsify
Who is present during a deposition?: attorneys for all parties, recorded by a stenographer
What are the three requests for physical examination?: request for documents, entry upon land, objects
What does a medical and mental examination require?: court order
What must be at issue for a mental and medical examination?: mental or physical condition of person
How must the medical or mental examiner be appointed?: independent; judge appoints psychologist
What is similar in appearance to a complaint?: request for admissions
What is a series of allegations?: request for admissions
What is the other party asked about the request for admissions?: to admit or deny
What is a meeting between a judge and attorneys?: pretrial conference
Who is not present during pretrial conferences?: stenographer, clients
When do pretrial conferences occur?: any time between pleadings and trial
What are the 2 purposes of pretrial conferences?: judge encourages settlement, issues orders to plan for trial
How does the judge encourage settlement?: attorneys report on settlement attemps and if none judge encourages negotiation
What may the judge suggest during pretrial conferences?: settlement amount
What does each attorney present?: Evidence list
What does the evidence list include?: names of witnesses, physical evidence
What 2 things does the judge order?: admissiblity of disputed evidence, discovery deadline
What amendments give the right to jury trial?: 6th amendment- criminal cases; 7th amendment- civil cases
What does the jury administrator compile a list of?: drivers, voters, property owners, taxpayers
What are the 5 qualifications to be in the jury?: US citizen, 18 years old, able to read/understand English, mentally/physically able to serve, not convicted of serious crime
What is a written notice of call to jury duty?: jury summons
What is mandatory for jury summons?: appearance at courthouse
What does the administrator have power to do for jury summons?: power to excuse
What is the process of jury summons?: administrator randomly selects citizens to call to jury duty, mails jury summons to citizens
What is the legal right to avoid jury duty?: exemption
What are the PA exemptions?: anyone who has served in the preceeding 2 years, undue hardships, active military duty
How are those selected told when they arrive at the courthouse?: judge reads numbers
How does the jury sit?: given seats in jury box
What does the judge administer to the jury assembly?: oath of office
What can the attorney's challenge?: each attorney can challenege the right of a particular citizen to serve on jury
What is 2 types of challenges?: challenge for cause, peremptory challenge
Which challenege includes the attorney's request that prospective juror be removed as unqualified?: Challenge for cause
Which challenge includes the attorney's choice?: Peremptory challenge
Which challenge could be biased or lack of other qualifications?: Challenge for cause
Which challenge does no reason need to be expressed?: Peremptory challenge
Which challenge does the judge decide whether to grant or not?: Challlenge for cause
Which challenge does not incluce race or gender?: Peremptory challenge
Which challenge includes a limited number for each attorney?: Peremptory challenge
What is it called when prospective jurors are called to the courtroom for questioning?: Voir Dire
Who is present during Voir Dire?: judge, attorneys, parties
What is the speech given by each attorney to the judge and/or jury?: opening statement
What do the opening statements preview the case with?: legal position, facts to be presented
What are the 2 rules for opening statements?: all facts mentioned must be proven, if emotionally inflammatory, must be probative
Who presents the evidence first?: party with burden or proof
In a criminal case, who needs to prove case and how?: government needs to prove case beyond reasonable doubt
In a civil case, who needs to prove case and how?: plaintiff needs to prove case by preponderance of evidence
Who is the major source of evidence?: witness
Who conducts direct examination?: attorney who calls witness
Who conducts cross examination?: opposing attorney
What is the speech made by each attorney?: closing arguments
What have the same rules as opening statements?: Closing arguments
What do attorneys do in the closing arguments?: summarize and characterize evidence
What does the judge tells the jury during the charge?: relevant law and how to apply laws to the facts of the case
Where does the judge tell the jury the charge?: in open court
Where do the jurors discuss the case?: in a private room
What is latin for "truth spoken"?: verdict
What is the decision of the jury?: verdict
When is the verdict announced and by whom?: in court by jury foreperson
Does the verdict have to be unanimous?: No
What is the decision of the judge?: judgment
What are the two types of judgment?: Judgment on the verdict, judgment non obstante verdicto
What is the judgment when the judge agrees with the jury verdict?: judgment on the verdict
What is the judgment when the judge disagrees with the jury verdict?: judgment non obstante verdicto
Wha tis lation for "judgment despite the verdict"?: judgment non obstante verdicto
When is the judgment non obstante verdicto proper?: when no reasonable jury could have reached this jury's decision
What is a request for a new trial?: Motion for a new trial
How is the post-trial motion procedure?: in writing to trial judge
When must the post-trial motion be filed by?: within 10-30 days after verdict on judgment
What are the 4 grounds for a new trial?: error in law, insufficient evidence, misconduct, lost of transcript
Who files an appeal and when?: Appellant files notice of appeal with appellant court within 30 days of denial of post-trial motion
After the appeal is filed what 2 things happen?: trial judge prepares the opinion, trial judge sends the record to appellant court
What are the 4 contents of the record?: trial court opinion, transcript of trial, documentary evidence, post-trial motions
What does the appellant do when is notified the record has been sent?: files brief within 30 days
When does the appellee file brief?: within 30 days after appellant files brief
What is it called when the attorneys summarize their legal points?: oral arguments
Who asks questions during the oral arguments?: justices
Who may be present during the oral arguments?: clients
What are the 3 possible deciison on appeal?: affirm, reverse, remand
When can a final judgment be enforced?: when it is not longer appellable
What is the court order that commences enforcement of judgment?: writ of execution
What are the 3 contents of the writ?: amount of money owed, assets of defendant to be seized and sold, order that proceeds of sale be paid to plaintiff
What is the defendant notified of?: execution proceedings
What does the defendant claim?: exemptions
What kind of exemptions does the defendant claim?: pensions, homestead exmeption, contents of home, one vehicle, tools of trade, animals
What is the sherriff's sale?: sheriff auctions sezied property to highest bidder; buyer pays cash and proceeds paid to plaintiff
What occurs when proceeds of sale are insufficient to satisfy judgment?: Deficiency judgment
When judgment, interest and costs have been fully paid what is this called?: satisfaction
What are the six sources of American Law?: constitutions, statute, case law, treaty, executive order, administrative law
What identifies the fundamental political principles of a government?: consitution
What are the 3 constitutions of the US?: US Consitution, state constitutions, home rule charter of local governments
What is a law made by a legislative body?: statute
What is law made by a court?: case law
What courts have the power of a case law?: only upper level courts
What is a contract between two or more nations?: treaty
What is a major source of international law?: treaty
Who has the authority to make a treaty?: president
How much of the Senate must ratify the treaty?: 2/3
What is a decree made by a chief executive?: executive order
What power is not granted in the constitution?: executive order
What is used to implement lawful powers?: executive order
What is law made by agencies?: administrative law
What are the two types of administrative law?: regulations and adjudications
To who do regulations apply?: everyone
Where does authority for regulations come from?: legislature and chief executive
To who do adjudications affect?: only parties in case but may affect future cases
Where does authority come from for adjudications?: agencry's area of expertise

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Number of cards 161