34 terms

Business Law Ch 2/3

name 3 branches of government
Legislative, Executive, Judicial
executive branch
the branch of the United States government that is responsible for carrying out the laws; the branch of government, headed by the president, that carries out the nation's laws and policies
legislative branch
the branch of government that makes the laws.
judicial branch
The branch of government that interprets laws, the branch of government, including the federal court system, that interprets the nation's laws
checks and balances
A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power;
help resolve issues; independent 3rd party; decision is not legally binding
help resolve issues; independent 3rd party; decision is legally binding
using court to solve an issue
general jurisdiction
can hear large variety of cases ex trial court
limited jurisdiction
limited in the cases it can hear, but within that limitation the court can still hear a large variety of cases ex. juvenile court, family court, small claims court
specific jurisdiction
limited to very specific cases ex. bankruptcy court, bond court
court order asking the defendant to answer a plaintiff's complaint (if you ignore this you will automatically be found guilty of the complaint)--first step in a civil case
court order demanding that you appear in court to testify as a witness (if you ignore it, you could be found in contempt of court and put in jail without trial)
Question of Law
decided by judge; is it illegal to not stop at a stop sign?
Question of Fact
decided by jury; did the defendant come to a full stop?
______ comes from a judge--issuing monetary damages or jail time
____ comes from the jury--simply stating guilty or not guilty, can recommend punishment but cannot set them
jury trial
trial takes place before a jury
bench trial
trial takes place only before the judge
statement (from witness or defendant); spoken evidence used in court
shorthand typing, records of court/trial
writ of execution
court order issued if a defendant who lost has not timely paid their monetary damages; court can seize and sell property to generate money
voir dire
to speak the truth
preemptive challenges
remove a juror for any reason
challenge for cause
remove a juror because of an identified bias
lowest level courts
city/township courts; municipal courts and county courts
circuit courts
these are the general and original jurisdiction courts for the State
state appellate courts
they typically have no more than 3 judges decide an appeal; you have a right to one trial at the circuit court level and one appeal (if cause)
state supreme court
not guaranteed a right to appeal in this level (if it involves a Federal law, then it can be appealed again in the US Supreme Court)
steps that occur leading up to a civil jury trial
1. a civil offense is committed 2. plaintiff files a complaint 3. judge orders a summons 4. summons is delivered to defendant 5. defendant answers 6. discovery procedures (gathering of evidences, investigation) 7. deposition of witnesses are taken 8. pretrial hearing 9. jury selection 10. trial begins
juvenile court
try minors; not to punish; rehabilitation
bill of rights
The first ten amendments to the Constitution
official change, correction, or addition to a law or constitution
The act of registering a domain name that is the same as, or confusingly similar to, the trademark of another and then offering to sell that domain name back to the trademark owner.