GBU Test 1

  1. The power to render a decision affecting the specific persons before the court.
    In Personam Jurisdiction
  2. The plantiff gives a court ________ jurisdiction by filing a lawsuit.
    in personam
  3. Contemporary community opinions and customs
    Sociological Theory
  4. Name the theory: A legislator or a judge should make and inventory of community interests.
    Sociological Theory
  5. Between government and individuals.
    Public Law
  6. Constitutional, Criminal and Administrative Law fall under...
    Public Law
  7. Between individuals.
    Private Law
  8. Contracts, Torts, and Property Law fall under...
    Private Law
  9. Science or philosophy of law.
  10. Source of law is the sovereign; Law is solely the product of statutes, logic and precedent.
    Positivist Theory
  11. Name the theory: The law is what I say it is; Morality is seperate from the law.
    Positivist Theory
  12. Felonies and Misdemeanors fall under...
    Civil Law
  13. Comprises federal and state statutes governing litigation between two private parties.
    Civil Law
  14. Law made by the legislative branch.
    Statutory Law
  15. Wrongs against society versus wrongs against individuals.
    Criminal Law
  16. Composed of federal and state statutes prohibiting wrongful conduct ranging from murder to fraud.
    Criminal Law
  17. Which theory of law is best for business?
    Natural Law
  18. The power to intially hear and decide (try) a case.
    Original Jurisdiction (Only in trial courts.)
  19. The power to review a previously made decision by the trial court.
    Appellate Jurisdiction (Looks at procedure and what went wrong, rather than substance.)
  20. 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
  21. Controls the type of case (or topics).
    Subject Matter Jurisdiction
  22. 4 things Appelate Jurisdiction can do:
    Affirm; Modify; Reverse; Remand
  23. Affirm
    Uphold the decision of a lower court in a case that has been appealed.
  24. Modify
    Lower court's decision was correct, but it granted an inappropriate remedy that needs to be changed.
  25. Reverse
    Lower court's decision was incorrect and cannot be allowed to stand.
  26. Remand
    Error was committed that may have affected the outcome of the case and therefore must be returned to the lower court.
  27. Filed in-state then can be taken to federal court by defendant; Diversity of Citizenship
    Concurrent Federal Jurisdiction
  28. Bankruptcy; Copyrights; Admiralty
    Executive Federal Jurisdiction
Card Set
GBU Test 1
Legal Environment of Business