Chapter 1

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Chapter 1
2012-02-11 14:03:58
Business Law


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  1. Jurisdiction for State: Name the five ways to get people in state court?
    • 1.) Subject matter Jurisdiction
    • 2.) Personal Jurisdiction (Domicile)
    • 3.) In Rem
    • 4.) Quasi In rem
    • 5.) Long arm Statute
  2. What is always needed to for states court jurisdiction? (for people to get people in the state court)
    Subject matter jurisdiction- if they can't hear subject matter can't hear case. (there are delegated courts for different subject matters ie bankruptcy courts)
  3. What is personal Jurisdiction?
    one of the 5 state jurisdictions is dependent on domicle of the individuals involved. They must meet domicile to qualify for personal jurisdiction.
  4. What is the difference btwn domicile and residency?
    Domicile is when you pay the majority of taxes in that state or are registered to vote (invest most of your domestic life their)

    Residency is when you are a resident of a state. Can be a resident if you own a home in the state changes for many states

    You can be a resident of many states but only a domicile of one.
  5. What is In rem
    In rem is a state jurisdiction that involves a dispute about the actual property itself.
  6. What is is Quasi In Rem?
    Quasi In Rem is a disute about something else, but property you own is in that state.
  7. What is the Long Arm Statute?
    It is apart of the state jurisdiction where if parties involved have a contact that goes on or above of the states cap that inviduals can go to court in that state. Ex; if 15% of compaines revenues equates minimum contact in CA than company involved must hold court there
  8. Federal Jurisdictoion: How to get peopl ein court? 2 Ways
    • 1.) Federal Question
    • 2.) Diversity of citizenship
  9. What is Federal Question?
    Is a Federal Jurisdiction where a party violates federal law. Ex: Damaging federal property
  10. What is diversity of citzenship?
    • It is a Federal Jurisdiction if the parties involved are all from completely different state (no doubling up of one state) than case can be moved from a federal court
    • *lawsuit must be $75,000 or more
  11. What are the 2 different systems within the state and federal courts?
    Criminal and Civil
  12. Criminal System is
    • a crime against the state itself
    • ex: Prosecutor against defendant
    • state vs individual
    • *in criminal system they are suing for a fine prison or death penalty
  13. Civil system is
    • a vuvuk wrong doing
    • ex: plantiff vs defendant
    • Invidual vs Individual
    • *suing for money or equity
    • *individuals can include company, corporation or partnership
  14. What is a venue?
    Location of trying a case in the State or Federal stystem
  15. Reasons for changing a venue
    • 1.) Convenience
    • 2.) Bias or unfair prejudgement on paries involved in case
  16. Conveience when ic comes to venue is
    Change venue because is is an incovient location for both a party
  17. Bias or unfair prejudgement for change in venue is
    change because jury might be bias because crime happened in the county case is being tried (Oscar Grant)
  18. Cant Venues be moved to different circuts
  19. What are circuts?
    Designated areas that federal courts separted to hear case (multiple states can be in one circut)
  20. How is the federal system divided?
    Into circuits there are 13 circuits that have many divisions with in them
  21. What circuit is california in?
    the 9th circuit
  22. Circuits are
    independent of each other. If a circuit rules something no district within that circuit can over rule that.
  23. What happens when multiple circuits disagree on one issue?
    The U.S Supreme court creates a uniform law to stop the disagreement and finds a ruling that every circuit can follow.
  24. Can circuits uses other circuits judgements and rulings as evidence for their circuits case?
    Yes they can, but the evidence is suggestive and the judge does not have to use it because the case is not a precedent case (a case used to determine the outcome of cases after that) because they are different circuits.
  25. What is the USCIS?
    United States Citizenship and Immigration Services apart of the U.S. Dpartment of Homeland Security
  26. Codified Law: Statute
    Can be state statues or federal statutes (foreign and interstate commerece) enacted by the legislative branch of fed and state governments establishing a course of conduct that must be adhered to by covered parties
  27. Codified Law: Ordiance
    Law enacted by local governement bodies like cites municipalities counties school disticts and water districts
  28. Executive Order
    an order issued by a member of the executive branch of the government
  29. The US is at war and president orders all business not to sell goods or service to that country
    Executive Order
  30. agencies tht the legislative and executive brances of the feral and state governments are empowered to establish
    administrative agencies
  31. Precedent
    a rule in a court decision lower courts must follow the precednet establihsed by higher courts
  32. All federal and state courts in the U.S. must follow the precedents est by
    U.S. Supreme Court decisions
  33. Are courts of one jurisdiction bound by the precedent est by the courts of another jurisdiction
    No, but they may ook to each other for guidance.
  34. Define law
    a body of rules of action or conduct made by controlling authority, that has a binding legal force. That must be obeyed and followed by citizens or else subject to sanctions or legal consequences is a law.
  35. Keepin the peace is
    function of law: Laws that make certain activities crimes.
  36. Shaping moral standards
    function of law: Laws that discoruage drug and alcohol abuse
  37. Promoting social justice
    function of law: laws that prohibit discrimination in employment
  38. Mainating Status quo
    fucntion of law: prevents the forcefull overthrow of the government
  39. Facilitating Orderly Change
    fucntion of law:laws enacted only after considerable study debate and public input
  40. facilitating planning
    function of law: well designed commercial laws that allow business to plan their activitties allocate thei producive resources and asses the risks they take.
  41. Providing bases for compromise
    function of law: allowing the settlement of cases prior to trial approximately 90 % of lawsuits are settled in this manner
  42. Maximizing individual freedom
    function of law: the rights of freedom of speech, religion, and association granted by the frirst amendment o tthe U.S. Constitution
  43. U.S. Law is modeled by
    English Common LAw
  44. Sources of Law in the US
    • Constitution
    • Treaties
    • Codified Law: Statutes and ordinances
  45. U.S. Constitution
    is the supreme law of the land any law— whether federal, state, or local— that conflicts with the U. S. Constitution is unconstitutional and, therefore, unenforceable U. S.

    • Constitution established the structure of the federal government. It created the following three branches of government and gave them the following powers:
    • legislative
    • executive
    • judical branch
  46. Legislative branch
    (congress) has the power to make (enact) the law
  47. executive branch
    (president) has the power to enfoirce the law
  48. judicial branch
    (courts) has the power to interpret and determine the validity of the law
  49. Treaties
    a compact made btwn tow or more nations