Bus. Law exam
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44 terms
Terms | Definitions |
|---|---|
 US Supreme Court's Jurisdiction | is a carefully balanced document. It is designed to provide for a national government sufficiently strong and flexible to meet the needs of the republic, yet sufficiently limited and just to protect the guaranteed rights of citizens; it permits a balance between society's need for order and the individual' s right to freedom. |
| Federal Court's Jurisdiction | 94 federal juriisdictions, at least one in each state, certain types of civil cases, fed, stat citztenship cases, fed crimes, bankruptcy cases, miscellaneous fed inssue |
| Wage executions & NJ | this is the technical term for " garnishment of wages". Not all state recognize this method of collecting on a debt resulting from a civil lawsuit- other tech for collecting judgement include bank accounts and sheriff's sale of real and personal properties |
| State Supreme Court and jurisdiction regarding appeals form lower courts—do they have to hear all appeals? | ...no |
| Common Law: Where did it come from and does it ever change? | originating in England, as lawyers began to record decisions and urge judges to follow earlier cases- judge -made law.- it is the sum of all the cases decided by appellate courts |
| Courts of appellate jurisdiction | not original jurisdiction, is the power of a court to review decisions and change outcomes of decisions of lower courts. trial, urgents briefs and oral arugments |
| Federal District Court | The only one that holds trials in which juries and witnesses are used. meaning that district court judges have the authority to try cases |
| Codes [What is contained in them?] | ... |
| Federal and state legislatures | a state legislature is a generic term referring to the legislative body of any of the country's 50 states |
| First step in a civil lawsuit (what is it, and who files it?) | file complaint, service of process, Filing of the answer by the defendant, discovery, pretrial conference, the trial, Appeals |
| US Constitution and the Separation of Powers | constitution is a series of compromise about power- limiting power was to create a national government divided into threee branches, each independent and equal. each branch would act as a check on the power of the other two |
| (definition of) jurisdiction | The power of a court to hear a particular dispute, civil or criminal and to make a binding decision- the authority of a court to hear and decide a specific action |
| Discovery | allows both sides to learn relevant information about the other side's case |
| Ordinance | a statute enacted by a city government |
| Stare Decisis | let the decision stand |
| Executive branch of Governement | proposes statues, signs or vetoes statues, oversees administrative agencies, issues executive orders |
| Supremacy | equires state legislatures to take into account policies adopted by the federal government. |
| Congress | is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C. |
| Judicial Review | reviews to the power of federal courts to declare a statue or govermental action unconstitutional and void |
| Administrative Law | consists of rules and rehulations promulgated by various administrative and regluatory agencies that have been created by congress at the national level, or the state legislature at the state level |
| Depositions | A form of discovery in which a party's attorney has the rioght to ask oral questions of the other party or of a witness |
| Jurisdiction of Munciapl Courts | summonses, traffic tickets, case involving allegable disorderly person |
| Different courts in NJ court systems | superior, tax, appeals, appellate, supreme, municipal |
| First level of appeal in Federal Court system | appellate courts |
| Functions of courts (what do courts do?) | Trial level includes many types of courts, such as the District Court, Bankruptcy Court, Court of Federal Claims and other courts with specialized subject matter jurisdiction. The Appellate level is the US Court of Appeals, to which an appeal of decisions from any trial level court may be taken. The Supreme Court is where appeals from decisions in the Court of Appeals are taken. The decision of the Supreme Court is final. |
| Diversity Jurisdiction | the power of the federal courts to hear matters of state law if the opposing parties are from different states and the amount in controversy exceeds $75,000 |
| Wickard v. Filburn | 1942 the supreme court held that wheat production by an individual farmer inteded wholly for consuption on his own farm was suject to federal regulation |
| Marbury v. Madison | is a landmark case in United States law and in the history of law worldwide. It formed the basis for the exercise of judicial review in the United States under Article III of the Constitution. It was also the first time in Western history a court invalidated a law by declaring it "unconstitutional", a process called judicial review |
| The First Amendment | Free speech- congress shall make no law abridging the freedom of speech |
| Free Speech Clause | free speech for words, pictures and symbolic speech- government policiies is a consitutionally protected form of expression- diff. level- |
| Different levels of protection given to different forms of speech -- Commercial Speech -- Obscenity -- Political Speech -- Child Pornography | 1.Political - highest protected- 2.child pornography- no protection- 3. Defamation- speech is not protected- 4. obscenity- the court has held the obscene speech is not protected by the Frist amendment |
| The Free Exercise Clause | absolutely protects religious beliefs |
| The Establishment Clause | The EC prohibits the government from establishing a state sponsered religion. Everyone agrees the clause does at least this. |
| The Interstate Commerce Clause | is the free exchange of commodities between citizens of different states across state lines. |
| Certiorari | Formal notice from the United States, Supreme Court that will acept a case for review |
| Dissenting Opinions | is an opinion in a legal case written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment. |
| Long Arm Statutes | is a legal provision that allows a state to exercise jurisdiction over an out-of-state defendant, provided that the prospective defendant has sufficient minimum contacts with the forum state. |
| Federal Judicial Circuits | ... |
| Legal Briefs | ..., written legal arguments prepared by both sides of the case. |
| Oral Arguments | ... |
| Trial Record including transcript | ... |
| Techniques for collecting , on money judgments | ... |
| Burden of Proof in a civil lawsuit | the plantiff must prove her case by a preponderance of the evidence |
| Defendants who lose in civil lawsuits are found "liable" | a dissatified party has a right to appeal-this may be costly- A notice of appeal must be filed with the clerk of the trial court within a prescribed time |
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