GBU Test 1
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The power to render a decision affecting the specific persons before the court.
In Personam Jurisdiction
The plantiff gives a court ________ jurisdiction by filing a lawsuit.
Contemporary community opinions and customs
Name the theory: A legislator or a judge should make and inventory of community interests.
Between government and individuals.
Constitutional, Criminal and Administrative Law fall under...
Contracts, Torts, and Property Law fall under...
Science or philosophy of law.
Source of law is the sovereign; Law is solely the product of statutes, logic and precedent.
Name the theory: The law is what I say it is; Morality is seperate from the law.
Felonies and Misdemeanors fall under...
Comprises federal and state statutes governing litigation between two private parties.
Law made by the legislative branch.
Wrongs against society versus wrongs against individuals.
Composed of federal and state statutes prohibiting wrongful conduct ranging from murder to fraud.
Which theory of law is best for business?
The power to intially hear and decide (try) a case.
Original Jurisdiction (Only in trial courts.)
The power to
a previously made decision by the trial court.
Appellate Jurisdiction (Looks at procedure and what went wrong, rather than substance.)
Jurisdiction over property; The power of a court to render a decision that affects property directly rather than the owner of the property.
In Rem Jurisdiction
Controls the type of case (or topics).
Subject Matter Jurisdiction
4 things Appelate Jurisdiction can do:
Affirm; Modify; Reverse; Remand
Uphold the decision of a lower court in a case that has been appealed.
Lower court's decision was correct, but it granted an inappropriate remedy that needs to be changed.
Lower court's decision was incorrect and cannot be allowed to stand.
Error was committed that may have affected the outcome of the case and therefore must be returned to the lower court.
Filed in-state then can be taken to federal court by defendant; Diversity of Citizenship
Concurrent Federal Jurisdiction
Bankruptcy; Copyrights; Admiralty
Executive Federal Jurisdiction
GBU Test 1
Legal Environment of Business