Business Law - Chapter 3

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Business Law - Chapter 3
2013-12-09 22:00:46
Business Law

Chapter 3 - Courts and alternative dispute resolution
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  1. What is the role of the judiciary (the courts)
    Interpret and apply the law
  2. What type of jurisdiction must a court have to hear a case
    jurisdiction over the person against whom the suit is brought or the property involved in the suite
  3. What is the difference between limited jurisdiction and general jurisdiction
    • limited jurisdiction: when a court is limited to a specific subject matter
    • general jurisdiction: when a court can hear any kind of case
  4. What is the difference between original jurisdiction and appellate jurisdiction
    • Original Jurisdiction: exists when a court is limited to a specific subject matter (probate or divorce)
    • Appellate Jurisdiction: exercised by courts of appeals, or reviewing courts, which generally do not have original jurisdiction.
  5. When does Federal jurisdiction occur
    When a federal question is involved or when a case involves (cause of action is based on the US constitution, a treaty, or a federal law) diversity of citizenship and the amount in controversy exceeds $75,000
  6. What is the difference between concurrent versus exclusive jurisdiction
    • Concurrent jurisdiction: exists when two different courts have authority to hear the same case
    • Exclusive jurisdiction: exists when only one state court or only federal courts have authority to hear a case
  7. Define Venue (courts)
    Has to do with the most appropriate location for a trial, which is usually the geographic area where the event leading to the dispute took place or where the parties reside.
  8. Define standing to sue
    A requirement that a party must have a legally protected and tangible interest at stake sufficient to justify seeking relief through the court system
  9. What are trial courts for
    • Original jurisdiction
    • Legal actions are initiated
  10. What can state courts hear
    • General jurisdiction 
    • Limited jurisdiction
  11. What can the federal court hear
    • Federal courts of limited jurisdiction
    • US Tax 
    • US Bankruptcy
    • US Court of federal claims
  12. What are the intermediate appellate courts
    • courts of appeals - do not have original jurisdiction
    • federal courts - US circuit courts of appeals
  13. What court is the highest court in the federal court system and the final arbiter of the US constitution and federal law
    Supreme courts - only cases involving federal questions
  14. What is the procedure for a civil case in a state court
    • Pleading
    • Pretrial motions 
    • Discovery
    • Pretrial conference
    • Trial
    • Post trial motions 
    • Appeal
  15. What must be filed to initiate a law suite
  16. What is it called when you respond to a complaint
  17. What is motion to dismiss
    A request to the court to dismiss the case for stated reasons
  18. What are some pretrial motions
    • Motion for judgment on the pleadings - The judge bases the decision solely on the pleadings
    • Motion for summary judgment - The judge can consider evidence outside the pleadings when evaluating the motion 

    Both may be made by either party, granted if the parties agree on the facts and the sole question is a question of law
  19. What are the different types of discover
    • Disposition (sworn testimony)
    • Interrogatories (written questions and answers to these questions) 
    • Various requests (admissions, documents, and medical examinations)
  20. What is a pretrial conference
    Either party or the court can request a pretrial conference to identify the matters in dispute after discovery has taken place and to plan the course of the trial
  21. What happens during the trial
    • Opening statements by both parties
    • plaintiff introduces evidence
    • Defendant introduce evidence
    • Closing argument
  22. What are the different pretrial motions
    • motion for judgment n.o.v. (notwithstanding the verdict) - judge thinks the jury was in error
    • Motion for a new trial - judge is convinced that the jury was in error. The motion can also be granted on the grounds of newly discovered evidence, misconduct by the participants during the trial, or error by the judge
  23. What are some alternative dispute resolutions
    • Negotiation: parties come together and try to reach a settlement without the involvement of a third party 
    • Mediation: The parties themselves reach an agreement with the help of a neutral third party (mediator). only makes a suggestion
    • Arbitration: parties submit their dispute to a neutral third party, the arbitrator renders a decision 
    • Other types of ADR: assisted negotiation, early neutral case evaluation, mini-trials, and summary jury trials