BUS 160 Exam 1

  1. What are some primary sources of law?
    • Constitutions
    • Statutes/ordinances
    • Administrative rules/regulations
    • Cases
  2. Constitution:
    • broadest
    • possible statement of law, very general; documents
    • that tell us how the government is set up and what our fundamental rights are
  3. Statutes/ordinances:
    more specific than constitutions on a wide range of subjects written by elected representatives
  4. Administrative rules/regulations:
    written by experts inside of administrative agencies on very specific things
  5. Cases (AKA court decision AKA common law):
    decisions by a judge(s) based on a dispute between two parties; judges picks one point of law and tell us how it applies to the case
  6. common law:
    refers to body of law that courts use to decide on a verdict
  7. 3 branches of the US constitution:
    • -Legislative Branch (Congress, statutes, “codes”)
    • -Executive Branch (administrative agencies, rules/regulations)
    • -Judicial Branch (general courts, cases)
  8. 3 branches of State Constitutions:
    • -Legislative Branch (state legislatures, statutes)
    • -Executive Branch (administrative agencies, rules/regulations)
    • -Judicial Branch (state courts, cases)
  9. 3 branches of City/County Charters:
    • -Legislative Branch (city council or county BS, ordinances)
    • -Executive Branch (administrative agencies, rules/regulations)
    • -Judicial Branch (municipal courts?)
  10. What is "law"?
    enforceable rules governing relationships within society
  11. What do lawyers do?
    • -court lawyers are the ones in courtrooms
    • -many other lawyers never go inside courtrooms; they provide advice and tell clients what they can/should and can't/shouldn't do
    • -more experienced lawyers will tend to see more negative risks and be more conservative
  12. Are lawyers ever 100% about winning a case?
  13. How do the 3 branches of government make laws?
    • Legislative Branch: makes most of the laws
    • Executive Branch: enforces laws, makes some laws
    • Judicial Branch: interprets laws and make laws simultaneously
  14. What is the hierarchy of law?
    • -General rule – federal controls over state (US constitution is supreme law of the land)
    • -Priority of sources of law – from highest to lowest
  15. Felony:
    serious crimes (rape, murder, arson, etc.)
  16. Misdemeanor:
    smaller crimes (traffic violation, punished by fines)
  17. Torts:
    crime against individual (copyrights, harm, etc.)
  18. What are the parties in a civil case?
    Individual vs. Individual/organization
  19. What are the parties in a criminal case?
    Individual vs. Government
  20. Acquittal:
    NOT GUILTY verdict in a CRIMINAL case
  21. Conviction:
    GUILTY verdict in a CRIMINAL case
  22. Penalty:
    in a Civil case, is usually monetary compensation or other remedy
  23. Standard of proof in a Criminal case:
    beyond a resonable doubt (standard is set really high to MAKE CERTAIN they're 100% guilty)
  24. Standard of proof in a Civil case:
    “preponderance of the evidence” - tipping the favor to someone
  25. Jury verdit in a Criminal case:
    MUST be 12-0
  26. Jury verdict in a Civil case:
    doesn't need to be unanimous
  27. mistrial:
    jury can't agree on a 12-0 for a CRIMINAL case and the jury is hung
  28. Double Jeopardy:
    once someone is acquitted (proven not guilty on a crime) they cannot be tried for that same EXACT crime again. (ONLY APPLIES TO ACQUITTALS, NOT CONVICTIONS)
  29. Plaintiff:
    brings lawsuit
  30. Defendant:
    the accused
  31. Remedies for Plaintiffs (if not money)
    • Specific Performance: court orders someone to do what was promised under a contract
    • Injunction:court orders someone to STOP doing something (ex: tell picketers to stop blocking doors to establishment, restraining order)
    • Recision: cancelation of a contract and restore the parties to the position they were in to begin with.
  32. Can someone be sued for specific performance?
    someone cannot be sued for specific performance where someone forces another person to do something against their will
  33. Who appoints the federal courts and how long do they serve for? How many judges are on the US Supreme Court?
    Presedent appoints (senate confirms) and it's a life tenure. There are 9 judges.
  34. Writ of Certiorari:
    a petition to the US Supreme Court to hear the case
  35. What cases do the Circuit Courts of Appeal handle? How many of these courts are there in the country?
    they handle cases that arise in their region (13 in total)
  36. District Courts:
    one judge, trials, juries
  37. Example of process where Circuit Courts are appealed to:
    • -plaintiff files case in district court
    • -losers appeal to the next circuit court
    • -loser in circuit court has right to appeal to the Supreme Court by petition (Writ of Certiorari)
  38. Who appoints the state courts and can they stay forever? How many judges are there?
    Governor appoints them and they must be reelected (5-7 judges)
  39. Petition for review:
    petition to have the State Supreme Court hear the case
  40. How large is the panel in Courts of Appeal?
    panel of 3
  41. Stare Decisis (“to stand on decided cases):
    • -prior written opinions
    • -same or SIMILAR facts
    • -same jurisdiction/body of law
    • -courts in the same chain? (courts are bound by their decisions and by courts in their same chain)
  42. In rem jurisdiction:
    jurisdiction over property
  43. Motion in limine:
    a pretrial motion to bring up evidence related to the case that can be used (usually controversial issues)
  44. Jurisdiction:
    the power to decide a case
  45. Personal jurisdiction:
    power to decide things over people
  46. Subject matter jurisdiction:
    power to decided on a certain subject or of the particular case
  47. Original jurisdiction:
    jurisdiction of the trial courts (where the case originates)
  48. Pellet jurisdiction:
    reviewing jurisdiction of law and decide if it was correct
  49. Objection:
    calling out a question that a lawyer is asking (for whatever reason) and the judge rules whether it is sustained or denied
  50. Functions of courts:
    • -decide disputes and give a resolution
    • -every case takes one point of law and applies it to the case
    • -decide on constitutionality (validity) of a law
  51. Limited jurisdiction:
    can hear a certain range of cases
  52. General jurisdiction:
    can hear a wide range of cases
  53. Concurrent jurisdiction:
    case can be filed in state or federal court if it applies to federal level
  54. Exclusive jurisdiction:
    can only have case heard in a particular court
  55. Federal Court Jurisdiction:
    • 1) federal question can be applied to federal law
    • 2) Diversity of citizenship
  56. Diversity of citizenship:
    Parties are from different states AND the amount in controversy is $75,000 or more (BOTH CONDITIONS MUST BE MET!)
  57. District court vs. Superior court:
    • -district court is less busy and conservative and allows for more preparation for defendant
    • -plaintiff would want superior court because they give bigger awards and more favorable verdicts
  58. How lawyers are paid (in a court):
    • -on plaintiff side: usually a contingency basis (take percentage from winnings, which is the goal)
    • -on defendant side: usually on an hourly basis (money goes to firm and then they are paid from that)
  59. Why it's important to protect the defendant:
    create minimum contact standard (make sure there's a very good reason for suing)
    generally, someone is doing business in a state (varies from case to case)
  61. How can minimum contact be satisfied?
    • -someone selling a product, advertising, having an office, etc. in a state
    • -contacts between people across borders (e-mail, letters, phone calls, etc)
    • -also applies worldwide! (if foreign country does business, like an advertisement, in another country then it can satisfy minimum contacts)
  62. If someone from Montana is driving through California on their way to Mexico and has an accident in CA, does that satisfy minimum contacts?
  63. In Minimum Contacts; Venue: (where in the state should the case be filed? District, County?)
    • -case will be heard inside the state where it is the most convenient (takes into account where the defendant and plaintiff live and where the case happened and where the witnesses are)
    • -they cannot “meet in the middle”
  64. Do courts resolve hypothedical questions?
    NO, the judge will only resolve a real case right in front of them
  65. Qualifications of the Plaintiff to bring a lawsuit:

    • -plaintiff needs to have suffered injury somehow (financial, emotional, physical, etc)
    • *parent can sue for their injured child
    • -defendant needs to allegedly be the one that caused the harm
    • -court has to be able to do something about it
  66. Dispute Resolution:
    • -most cases settle before trial
    • -case can be settled anytime before, after, or during trial (very expensive and stressful and risky to do these trials)
    • -goal in most cases is to resolve the case (in reality, it's never really a “win-win” situation when resolved)
    • -it's always about MONEY
  67. Mediation:
    getting a third party expert to assist the parties in settling the dispute, NOT DECIDE THE CASE.
  68. Arbitrator:
    someone the parties pick and hire privately outside of the court to settle the case before you decide to go to a courtroom (often you can't file an appeal if you don't like the arbitrator decision)
  69. If someone is injured in their home state and wants to sue a company based in another state (but doing business in the first state) for $300,000, where should the case be brought to? Plaintiff's state's court, firm's headquarter's state court, federal court? What factors would influence the decision?
    The case should be filed at the federal court. This case does qualify for Federal Court Jurisdiction because it meets the requrements for Diversity of Citizenship. The federal court is less busy and will be able to handle the case sooner, leaving the defendant less time to prepare. They also give bigger rewards and have more favorable verdicts.
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BUS 160 Exam 1