85 terms

business law test #1

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
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
a tort that consists of a communication that injures a person's reputation
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
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
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
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
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:
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
local laws
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