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Business Ethics Mid Term: Chapters 2-5
Terms in this set (36)
Federal (U.S.) Constitution
Both set limits on government powers (i.e. 4th amendment provisions on unreasonable search and seizure.
Specialized U.S. Courts
- bankruptcy courts
- court of federal claims
- courts of international trade
- tax courts
- US Court of Appeals for the Armed Forces
- US Court of Appeals for Veterans Claims
Federal (U.S. Congress) - Congress enacts statutes in such areas as public assistance, food and drugs, patents and copyrights, labor relations, and civil rights.
Local Government (City, County)
The National Conference of Commissioners on Uniform State Law has drafted statutes on various subjects to try to achieve uniformity among state statutes.
Federal Administrative Agencies - Federal regulations and rules are printed in the multi-volume Code of Federal Regulations (CFR), which is revised and updated every year.
State Administrative Agencies
laws made by decisions of a court; also courts may enforce common law rules.
made up of tradition and court precedent; may be repealed or strengthened by case law and statutory law.
: lower courts are required by similarly decided previous cases of higher courts.
Treaties and Executive Orders
International treaties are binding just as domestic legislation.
"Juris" (law) "diction" (to speak) is the power of a court to hear a dispute and to "speak the law" into a controversy and render a verdict that is legally binding on the parties to the dispute.
Persons ("in personam")
Power of a court to compel the presence of the parties (including corporations) to a dispute to appear before the court and litigate.
Property ("in rem")
power to decide issues relating to real or personal property.
A court generally has in rem jurisdiction over any property situated within its geographical borders.
Courts use long-arm statutes for non-resident parties based on "minimum contacts" with state.
Means defendant had some connection with forum state.
General and Limited Jurisdiction
- Statutory limitation on the types of cases a court can hear (i.e. probate and bankruptcy)
- Can also be limited to amount in controversy (amount of monetary damages)
- Specialized courts have limited jurisdiction over particular subject matter (i.e. bankruptcy, tax, international trade, etc)
where the case started (trial).
have the power to hear an appeal from another court.
Exclusive Federal Jurisdiction
only the federal court has the power to hear cases involving federal crimes, federal antitrust law, bankruptcy, patents, copyrights, trademarks, suits against the US, some areas of admiralty law, and certain other matters specified in federal statutes.
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