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the process by which a court decides on the constitutionality of legislative enactments and actions of the executive branch
Minimal Contact for Jurisdiction of Federal Courts
1. federal question: cause of action based on US Constitution, federal laws, or treaty
2. diversity of citizenship: 1. plaintiff or defendant must be residents of different states and 2. the dollar amount must exceed $20
any courts that have the power to appeal, the cases are not retried, no witnesses, no jury, rather a panel of "justices" decide based on questions of law, NOT questions of fact. each attorney gives a brief.
Federal Court System
lowest: US District Courts (trial courts)
middle: US Courts of Appeal
highest: US Supreme Court
In order to bring a case before the USSC a party requests that the Court issue a
writ of certiorari (4/9)
the pleadings inform each party's of the others claims and specify the issues involved in the case
the plaintiffs complaint
pleading made by the plaintiff alleging wrongdoing on the part of the defendant; the document that when filed with a court, initiates a lawsuit
a judgment entered by a court against a defendant who has failed to appear in court to answer or defend against the plaintiff's claim
series of written questions for which written answers are prepared and then signed under oath before a trial
requests for other information
-documents -physical exams/mental exams, admit to other things such as "well, you were driving 45 mph"
end of trial
1. closing agruments
2. judge provides instruction
4. judge issues a judgment
the simplest form of ADR, a process in which the parties attempt to settle the dispute informally, with or without attorneys
the settling of a dispute by submitting to a disinterested 3rd party (other than a court) who renders a decision that is most often legally binding
a contract that provides that any dispute that arises will be resolved through arbitration rather than the court system
The Supremacy Clause
provides that the CONST, laws, and treaties of US are "supreme law of the land"
... "no person shall be deprived of life, liberty, or property without due process of law"
Eminent Domain Clause
requires the gov't to give just confiscation when they take a person's property
an agreement that can be enforced in court; formed by 2 or more competent parties who agree for consideration, to perform or to refrain from performing some legal act now or in the future.
is a valid contract but can be avoided at the option of one or both of the parties (minors, under fraudulent conditions, under the influence)
even if all the elements of a valid contract are present, a contract may be unenforceable if the following are not met
1. genuineness of assent or voluntary consent 2.form-that is, the contract must be in whatever form the law requires
an essential element for contract formation
"meeting of the minds"
usually broken down into 2 events: an offer and an acceptance
3 elements are necessary for an offer to be effective
1. serious intention
2. the terms of the offer must be reasonably certain, or definite
3. resulting in the offeree's knowledge of the offer
under this rule, if the authorized mode of communication is the mail, then an acceptance becomes valid when it is dispatched (placed in the control of the US Postal Service) not when it is received by the offeror
legal value given in bargain for legal exchange for performance or promise of exchange
2.owned by 1 person
3. no legal requirements
4. license required when a person is engaging in dangerous activity
5. unlimited liability
6. no tax-income and expenses
1. 2 or more persons
2. common ownership in business
3. sharing of profits and losses
4. right to manage business
1.allows each partner to restrict their personal liability to amount of their business investment
2. @ least 1 participant must accept general partnership status
3. does not participate in management decisions
limited partnership RQ
name, purpose, profit sharing, duration, have to have limited partnership in name
1. 2 or more carrying out business purpose
2. equal rights and responsibility in management
3. not taxed; pass through to partners, who include gain and individual tax returns at a lower rate
limited liability partnerships
1. corporation or indiviual tax
2. not responsible for wrongdoings of other partners or for debt/obligations
1. legal entity
2. limited liability
3. perpetual existence
4. ease of transfer of ownership
board of directors
1. declare dividends
2. hire, fire, and pay officers
3. set corp. policy
4. set financial structure
5. indicate fundamental changes
business judgment rule
1. person exercise reasonable care
2. act in good faith
3. act in best interest of corporation
common shareholders rights
1. right to vote
2. preemptive right
4. right to transfer shares
requirements to be an s corporation
1. no more than 75 shares
2. no more than 25% passive income
3. 1 class of stock
piercing the corporate veil
1. inadequately capitalized
2. not following corporate formalities
3. corporation used for wrongful conduct
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