business law test #1

85 terms by sjd026

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speedy trial in pennsylvania

incarcerated- 180 days
not incarcerated- 1 year

the policy or doctrine in which case law interpretation follow legal precedent

stare decisis

an action to retrieve or recover personal property belonging to you but in possession of another

replevin

statute of limitations for an action in ejectment

21 years

the sixth amendment right to compulsory process entitles one to do what?

subpoena witnesses (protection against false accusation/staged witness selection process)

to question potential jurors to determine bias

voir dire

the name of the legal doctrine providing that once a civil action has been finally determined by a court of competent jurisdiction, cannot thereafter be litigated by the parties in a new proceeding

res judicata

the power or authority a court must have to hear and decide a case

jurisdiction

a tort that consists of a communication that injures a person's reputation

defamation

the constitutional guarantee that requires that similarly situated persons be treated the same by government actions

equal protection clause

the doctrine holding that the state or the government cannot be sued in a civil action

sovereign immunity

the document that contains the claims of the plaintiff which, when filed, commences a civil lawsuit

complaint

the clause of the U.S. constitution that grants complete power to congress to regulate the economy

commerce clause

a form of strict liability imposed on manufacturers who sell defective goods

products liability

the doctrine which prohibits one from bringing a lawsuit after a specific period of time

statute of limitations

is when a court will separate a civil trial into two parts, one to decide liability and the second to decide damages

bifurcation

the doctrine which provides that if state laws conflict with federal laws then the federal law preempts the state law

supremacy clause

the name of the petition one would file to contest the validity of his/her incarceration

habeas corpus

a wrongful act causing personal injury or property damage or destruction

tort

the right to a fair hearing (trial) before the government can deprive a person of life, liberty, or property

due process

a federal law which clearly and directly conflicts with state law

preempts the state law

united states supreme court judges are appointed by

the president

jones was involved in an auto accident with smith. jones was arrested by the police for drunk driving. jones was found guilty by a jury. who may sue?

either smith or jones may sue each other, the criminal action is totally separate

the special federal court that hears claims against the federal government is the

us court of claims

an example of a case in which federal courts have exclusive jurisdiction would be a case involving

patents, copyrights, and bankruptcy

a "long arm" statute enables

a state court to decide certain claims against nonresidents

generally a state court will have in personam jurisdiction if

an individual is a resident of the state, the individual does business within the state, an individual has committed a wrong in the state

a basic characteristic of case law

it establishes precedents for other courts to follow when a similar controversy is litigated

mark, a resident of illinois, while driving on the freeway, hits bill, a resident of wisconsin, and totally destroys bills brand new mercedes benz. bill may bring suit in federal district court if

if the accident occurred outside of illinois or wisconsin

big bucks inc. is incorporated in delaware but it has its principle place of business in minnesota. it does much of its business in california. for purposes of diversity of citizenship, big bucks is a resident of

delaware and minnesota

able, a resident of new york, has a dispute with baker, a resident of illinois, involving a contract signed and performed in new york, his damages amount to eighty thousand dollars and he wants to sue. case can be brought to:

either the new york state courts or the new york federal court

case involving a laboratory analyst who was contaminated by plutonium and sued her employer

silkwood v. kerr mcgee corporation

a court order requiring that a person do or refrain from doing a particular act is known as:

an injunction

an orderly compilation of the general common law of the united states, prepared by a distinguished group of lawyers, judges, and law teachers

restatements of law

janet juror is called for jury duty and is selected for possible service on a jury. however, when the defendant's attorney sees her, he notices that she is wearing a green dress. both the defendant and the attorney hate green dresses, so they strike her name from the jury

this is a valid peremptory challenge

when a trial is conducted with a jury, the judge determines issues of ___ and the jury determines questions of ___

law, fact

the process whereby a party may require an opposing party to give written answers to questions prior to trial is called

interrogatories

a classic and important example of strict scrutiny of classifications based upon race is the 1954 school desegregation case of

brown v. board of education of topeka

for a court to exercise valid authority over a case before it

the court must have jurisdiction

there is a statute of limitations for torts that provides that, if a person who is injured does not file the lawsuit within four years, the action will be barred. in a court of equity there is another doctrine which will bar an action if it is not filed within a given time. these are examples of:

laches

prince sues duke because duke took his girl. duke files a motion for a summary judgement. this means

duke is asserting that even if the facts are all true, prince doesn't have a legal injury that the law will compensate

the branch of public law that deals with the various regulatory functions and activities of the government is

administrative law

how does the due process clause from the fourteenth amendment differ from the due process clause of the fifth amendment?

the fourteenth amendment clause protects individuals from violations of their rights by state governments

in a criminal trial, which of the following is not required? the defendant must testify on his own behalf, criminal guilt must be proven beyond a reasonable doubt, mens rea, a wrongful act

the defendant must testify on his own behalf

kramer is a prospective juror. at the voir dire the defendant's attorney learns that kramer is a business associate of the plaintiff. the defendant's attorney should

challenge kramer for cause

the first amendment of the constitution of the U.S. preserves freedom of speech but

does not preclude the prevention and punishment of libelous speech

a decision of the supreme court of washington would always be binding on

a state trial court in washington

generally, state A may exercise "long arm" jurisdiction over a defendant located in state B if the defendant

made a contract in state A

in ruling on a case, a U.S. court of appeal may

reverse or modify the judgement of the lower court and remand or send it back to the lower court

characteristics of civil action

1. proof by a preponderance of evidence 2. private action 3. verdict 5/6 4. damages-money 5. witnesses-may call defendant as witness

characteristics of criminal action

1. proof beyond a reasonable doubt 2. public action 3. verdict unanimous 4. damages-incarceration 5. may not call defendant as witness

you represent the plaintiff in a civil action for damages based on defendant's negligence. what is the court in which you initiate this action? what factors enter into this decision? how is the action commenced?

state court of general jurisdiction, or U.S. district court. must determine if there is diversity of citizenship between the parties, and if the amount in controversy exceeds $75,000. action commenced by filing of a complaint.

what tools do you have at your disposal in a civil action to discover what the defendant's case is about?

deposition and interrogatories

if the defendant takes the stand at trial and attempts to offer into evidence, a copy of the police investigation report indicating that you had run a red light which contributed to this accident. what action would you take to prevent the admission of this document?

object to its admission into evidence on the grounds that it is hearsay evidence

direct examination vs. cross examination

may only use direct examination of one's own witnesses. may only ask non-leading questions, ie: who, what, where, when, how many. may cross examine an opposing witness and may ask leading questions. questions that can be answered by yes or no

you are involved in a trial about an automobile accident, is testimony admissible that one of the driver's breath smelled of alcohol? why or why not?

not admissible, unless you can show that the alcohol impaired the functioning of that driver. otherwise, this evidence is too prejudicial

P, a resident of new york, filed a suit in the U.S. district court for the southern district of new york against S corporation, which had been incorporated in new york. P's complaint requested $5,000 for damages of an alleged copyright infringement by the S corp. the corp made a motion requesting that the suit be dismissed for lack of jurisdiction. should the motion be granted?

no, the court has jurisdiction notwithstanding the amount of the claim because there is a federal question involved, ie: copyright laws

a state statute empowered public school principles to suspend students for up to ten days without any notice or hearing. a student who was suspended for ten days challenges the constitutionality of his suspension. decision?

student wins. there is a violation of the students due process rights. while the school is a "state" actor, it is denying the student of a property or liberty right (the right to attend public school) without affording him of his due process of the law

in criminal cases the extensive discovery procedures used in civil cases are not employed. why?

because of the 5th amendment constitutional right stating that a defendant may not be compelled to be a witness against himself in a criminal proceeding

action at law v. action in equity

action at law- one is seeking money damages. action in equity- one is asking the court to order the defendant to do something to stop doing something

when is it possible in a civil action for both the state court and the federal court to have jurisdiction over the action?

when it is a civil claim for damages and there is diversity of citizenship between the parties and the amount in controversy exceeds $75,000

what are the elements of a crime?

act, intent (mens rea), no justifiable defense

while passing Jones's house one night, Sarah sees a portable TV set left unattended on Jones's lawn. Satah takes the TV set, carries it home, and tells everyone she owns it. crime?

theft and trespass

while passing Jones's house one night, Sarah sees Jones outside with a portable TV set. Holding Jones at gunpoint, Sarah forces him to give up the set

robbery and theft

while passing Jones's house one night, Sara sees a portable TV set in the window. Sarah breaks the front door lock, enters, and leaves with the set

trespass, burglary and theft

What does the dramshop act provide for?

law that prohibits bars from serving alcoholic beverages to persons who are visibly intoxicated

what is meant by full, faith and credit?

this means that every state of the U.S. must give full, faith and credit (validity) to the laws and judgements of all other states

what constitutional right was utilized in the U.S. supreme court decision of Brown v. Board of Education of Topeka

equal protection clause of the 14th amendment

what is meant by miscegenation

inter-racial marriages

why did the U.S. Supreme court rule that laws prohibiting miscegenation were unconstitutional

because the laws were in violation of a person's due process rights. the right to marry whomever is a liberty

how did the court rule in the suit brought claiming that the state was prohibiting double trailers on the states highway was unconstitutional

ruled that law was in violation of the commerce clause

in case Lind v. Surman, how did the court rule on the issue of ownership of the diamond engagement ring?

it decided that the gift of the diamond ring was a conditional gift, and the condition of the marriage occurring must take place before the full ownership of the ring passes on to the donee

what 8 constitutional rights are afforded one charged with a crime

double jeopardy, right against unreasonable searches and seizures, right against self incrimination, speedy trial, assistance of council, right of confrontation, right of compulsory process

in 1965 case of Griswold v. Conneticut, the supreme court examined a Connecticut statute that made it a crime for any person to use contraception. what legal doctrines are involved here?

due process rights. right to use contraception is a liberty which cannot be denied without due process of law

how have the courts' ruled on the issue of the public using video cameras or smart phones to video or tape law enforcement officers making arrests

courts have ruled that this practice is lawful

how did the U.S. supreme court rule on the issue of hateful protests at military funerals?

rules that as obnoxious as the practice was, it was a constitutional valid exercise of ones 1st amendment right of free speech

a method of acquiring title to real property by possession for a statutory period under certain conditions

adverse possession

prohibits anyone from being prosecuted twice for substantially the same crime (criminal action)

double jeopardy

legal action to enforce or recover damages for a breach of contract or agreement

assumpsit action

theft vs. robbery vs. burglary

theft-taking someones property that doesnt belong to you. robbery-using force or threatening to use force during theft. burglary-entering building with intent to rob or steal

state and federal laws

statutes

local laws

ordinances

state trial court

court of common plea

federal trial court, appellate, supreme

U.S. district court, U.S. court of appeals, U.S. Supreme court

state appellate court

P.A. superior court/commonwealth ct, then P.A. supreme court

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