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Politics of the United States
Business Law Chesson Exam 1
Terms in this set (72)
What is "The Law"?
Enforceable rules governing in relationships among individuals and between individuals and their society that establish rights, duties, and privileges that are consistent with the values and beliefs of their society or its ruling group.
1066. William the Conquerer
What is a writ?
What does writ of habias corpus mean?
Petition, produce the body. You have the right to file petition as family and see if you can have a petition or hearing to see why you're there. or find body.
Publication of decisions
When you hear a case and you make a decision, you have to write it down and it goes in a book so other judges can see it.
Doctrine of Stare Decisis
Required judges, when heard cases, would have to look back at other cases to see what decisions were made.
3 steps in legal reasoning
1. Facts of a dispute
2. Issue involved in dispute
3. Decision or opinion: what rule of law should be applied to the facts and answer the issue.
Body of case law, Judge made law. Every decision a judge made is a part of common law, it is written down and apart every case. System of laws created by the court system.
Spells out the rights and duties that exist between persons and between persons and their governments.
What are the three writs?
1. Money damages
2. Recovery of personal property
3. Recovery of real property.
Two types of jury systems
1. Grand Jury
2. Petit Jury
Is a jury picked of our peers from community, serve several weeks and months, tried for a serious crime.
One day, 12 people in jury box, listen to evidence, decide guilty or innocent. "jury in movies"
Equity - Courts of Equity. How was it created?
Created but the King so that he could hear cases other than the three writs.
Courts of Equity
-Chancellor was representative.
-No jury trial
-Could only go if problem wasn't one of the three writs.
1. Specific Performance
2. Partition Preceding
3. Quieting Title
5. Reformation and Recission
6. Mortgage Foreclosure
Doctrine of Laches
If one doesn't act within reasonable time, equity will not hear your case.
Civil Law - code law
As opposed to our Common Law, Civil Law governs the countries on the continent of Europe.
LOUISIANA STILL PRACTICES
Judicial System divided into two types of courts
1. Trial Courts
2. Appellate Courts
The power of the court to decide a case and enforce its judgment against the parties
Jurisdiction over the person?
Jurisdiction over the subject matter?
Refers to the geographical area within the state or district were an action may be brought. (location of trial)
The General Court of Justice
Unified system, same court system over all NC, jurisdiction same, divided between trial court division and appellate court decision.
Standing to sue - steps
1. Harm: suffered will imminently suffer harm/ controversy must be real and not hypothetical
2. Causation: Causal connection between conduct complained and of the injury
3. Remedy: Must be likely, as opposed to speculative, that a favorable court decision will remedy the injury suffered.
Small claims court monetary Jurisdiction?
up to $5000
Smalls Claims Court decided by?
Hired, not elected.
No legal background
What trials are heard de novo?
Small claims courts
District Criminal Court
Civil Court monetary jurisdiction
up to $10,000
District court lead by?
Must be a lawyer.
Elected by voters in district.
Civil Courts hear
Cases appealed from small claims courts
Jury trial if requested
District Criminal Courts
Trials of misdemeanors
No jury trial.
Heard de novo
Preliminary Hearings are held in?
Special district courts.
Superior Courts can hear?
Any trial court matter
Superior court monetary jurisdiction
10,000 and above
Superior Court judges must be
Superior court trial?
Appeal is into appellate court.
North Carolina Court of Appeals. Judges?
Three justice panels. (30 judges)
Elected statewide and must stand for reelection.
NC Court of appeals purpose?
Not to make a decision of guilt. Only to see if there was a reversible error committed but the the trial court.
North Carolina Supreme Court (highest court in the state) Judges?
7 justices sit in banc.
Elected Statewide and stand for reelection
NC Supreme Court MUST hear this type of case
United States District courts judges?
Must be Lawyers
Appointed by president and confirmed by congress.
Hold office for life
US District courts hear cases involving
Violation of Federal law, and when congress passes laws, they are tried in this court.
Diversity of citizenship
Plaintiff and defendant residents of different states.
amount requested must be more than $75,000.
How to get a jury trial?
US DC, can ask in civil cases, required in criminal cases.
US Court of Appeal, Judges?
3 Judge panels.
Justices are appointed by the president and confirmed by congress.
hold office for life.
US Court of Appeals, courts?
13 courts of appeal are divided into 13 circuits.
Writ / Certiorari
Supreme court can only hear a few cases. Basically asking circuit for a case to review.
US Supreme Court justices?
9 Justices. Nominated by president and confirmed by congress.
Hold for life.
Can cases go beyond supreme court?
NO. The decisions are final. The highest court and has ultimate trump.
Sits as judge and decides case. Makes judgement. If not accepted by parties, it goes on to trial if its court appointed arbitration.
In all Superior Court Cases in NC
Does not sit as judge.
Gets parties together to talk and agree.
Paid by parties, not the state.
Answer - defendants response to complaint
counterclaim - complaint of defendant against plaintiff
reply- answer of plaintiff of defendants counterclaim.
Request by one of the parties for the court to do something.
Methods where by each party may determine what the other sides' case is all about.
Written questions by one party to another. Most likely the attorney answers. under oath
Like interrogatories but oral. Under oath.
The witness must answer.
Process of selecting the jury
only way to determine makeup of the jury
Challenges for cause
Capital case. Ex, unlimited number allowed, but judges decide.
Limited number, but generally judge does not have to approve.
Burden of proof in criminal case?
beyond a reasonable doubt.
Burden of proof in civil case?
By the greater weight of the evidence.
Once a matter is finally decided by the highest court of a jurisdiction, the same parties may not relitigate the same issues.
Bayard v Singleton year?
What happened in Bayard v Singleton?
The first reported case in which an american court voided an act of the legislature as unconstitutional.
What year was Marbury v. Madison?
What happened in Marbury v. Madison?
The US Supreme Court declared an act of congress unconstitutional for the first time.
Who are the only North Carolinians to serve on the US Supreme Court?
Alfred Moore and James Iredell
Governor of North Carolina, Elected 1795. Served 3 consecutive one-year terms and was president of the board of trustees of UNC.
Father of UNC?
William Richardson Davie
Nations first public university?
UNC. William Richardson sponsored a bill creating it as the first.
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