Business Law CH 1-4 Flashcards

The class must be large enough to make individual suits impractical from the standpoint of the courts.

It is a determination by the court that the parties to a lawsuit are entitled to resort to the power of the courts in a particular geographical jurisdiction by virtue of their residency.

It pertains to jurisdiction based on property issues rather than the location of the people involved in the lawsuit.

<p>They are motions filed by the defendant to object to the complaint and point out specific defects, aiming to get rid of a dispute before trial.</p> Signup and view all the answers

<p>A court may enter a default judgment against a defendant who fails to file an answer, effectively admitting the plaintiff's allegations.</p> Signup and view all the answers

<p>Notice pleading requires a plaintiff's complaint to contain enough information to give the defendant a reasonable idea of the claims.</p> Signup and view all the answers

<p>It aims to take surprise out of litigation and ensures that the results of lawsuits are based on merits rather than legal skill.</p> Signup and view all the answers

<p>A panel of potential jurors.</p> Signup and view all the answers

<p>It is the process of questioning prospective jurors to determine their qualifications and biases.</p> Signup and view all the answers

<p>Objections raised by a party rejecting a prospective juror without needing to give a reason.</p> Signup and view all the answers

<p>It determines whether there is law to support the cause of action based on the complaint.</p> Signup and view all the answers

<p>It determines whether there is a genuine issue as to any material fact based on affidavits and pleadings.</p> Signup and view all the answers

<p>The doctrine that allows federal courts to determine whether acts by the federal or state governments conform to the Constitution.</p> Signup and view all the answers

<p>The doctrine under which lawmaking is divided between a federal government and state governments.</p> Signup and view all the answers

<p>Government powers related to public safety, health, welfare, and morals regulated by state governments.</p> Signup and view all the answers

<p>Legal concepts, principles, and rules provide the foundation for the conduct of business.</p> Signup and view all the answers

<p>Knowledge of the law allows a business person to identify legal risks and effectively reduce or eliminate liability.</p> Signup and view all the answers

<p>A regime or structure that orders human activities and relations.</p> Signup and view all the answers

<p>Medieval legal system mainly in Europe that established practical rules of commerce and trade.</p> Signup and view all the answers

<p>Laws that regulate and control the rights and duties of persons.</p> Signup and view all the answers

<p>Laws that establish the process by which litigation is conducted.</p> Signup and view all the answers

<p>Law which affects the public at large.</p> Signup and view all the answers

<p>Law that pertains to the relationships between individuals.</p> Signup and view all the answers

<p>Legally-enforceable rules that forbid certain conduct detrimental to the welfare of the state.</p> Signup and view all the answers

<p>Deals with disputes between individuals or organizations.</p> Signup and view all the answers

<p>Equity does not involve a request for monetary damages.</p> Signup and view all the answers

<p>The doctrine that law should adhere to decided cases and stand by the decision.</p> Signup and view all the answers

<p>The legal doctrine that once a dispute is settled, the parties cannot bring it up again.</p> Signup and view all the answers

<p>To maintain order, settle disputes, and encourage social change.</p> Signup and view all the answers

<p>Law serves as an objective referee in disputes.</p> Signup and view all the answers

<p>Law is an instrument of repression favoring the powerful.</p> Signup and view all the answers

<p>Promote order, allow justice, cultivate reasonableness.</p> Signup and view all the answers

<p>Constitutions, legislations, common law rules, administrative agencies.</p> Signup and view all the answers

<p>The power of courts to declare laws and executive actions unconstitutional.</p> Signup and view all the answers

<p>It established the principle of judicial review for the court.</p> Signup and view all the answers

<p>Henry II streamlined the court system and standardized it.</p> Signup and view all the answers

<p>Through a system of 'ridings' and 'circuits' for judges.</p> Signup and view all the answers

<p>Equitable remedies developed due to convenience and efficiency.</p> Signup and view all the answers

<p>Legislators create more statutory law with less room for interpretation.</p> Signup and view all the answers

<p>The existence of federal and state justice systems.</p> Signup and view all the answers

<p>There are considerably more civil cases than criminal cases.</p> Signup and view all the answers

<p>The court's power or authority to conduct trials and decide cases.</p> Signup and view all the answers

<p>The district or county of the principal defendant's residence.</p> Signup and view all the answers

<p>Determines which court is responsible for hearing specific cases.</p> Signup and view all the answers

<p>Where the action giving rise to the dispute occurred.</p> Signup and view all the answers

<p>Three levels: trial courts, intermediate appellate courts, and a final appellate court.</p> Signup and view all the answers

<p>US Supreme Court, US Courts of Appeals, and US District Courts.</p> Signup and view all the answers

<p>Entitlement to one appellate review.</p> Signup and view all the answers

<p>Appeals that the highest court chooses to hear.</p> Signup and view all the answers

<p>Federal courts were created in Article III of the Constitution.</p> Signup and view all the answers

<p>District court judges must apply the law of their state in diversity cases.</p> Signup and view all the answers

<p>All plaintiffs must be citizens of a state different from any defendant.</p> Signup and view all the answers

<p>Governs review on writ of certiorari based on conflicts in decisions.</p> Signup and view all the answers

<p>Exists between citizens of different states or countries.</p> Signup and view all the answers

<p>Federal courts must have a federal question to review state cases.</p> Signup and view all the answers

<p>A request the Supreme Court grants to hear a case.</p> Signup and view all the answers

<p>Written by justices voting with the majority.</p> Signup and view all the answers

<p>For one's own behalf; in person.</p> Signup and view all the answers

<p>A court limited by the monetary amount in controversy.</p> Signup and view all the answers

<p>Courts have the power to hear almost any type of case.</p> Signup and view all the answers

<p>Courts can only hear certain types of cases.</p> Signup and view all the answers

<p>Individual comments from a justice in the majority.</p> Signup and view all the answers

<p>Explanations from a justice in the minority.</p> Signup and view all the answers

<p>A jurisdictional issue regarding the claim's monetary value.</p> Signup and view all the answers

<p>They are appointed by the president and confirmed by the Senate.</p> Signup and view all the answers

<p>Standing, advisory opinions, ripeness, mootness, political questions.</p> Signup and view all the answers

<p>An individual injury, causation, and judicial redressability.</p> Signup and view all the answers

<p>Two or more parties with adverse interests.</p> Signup and view all the answers

<p>Whether facts have become sufficiently concrete.</p> Signup and view all the answers

<p>Case or controversy must exist at the time of filing.</p> Signup and view all the answers

<p>Cases may not be re-litigated if terminated with prejudice.</p> Signup and view all the answers

<p>It supported the 'nerve center' test for corporate citizenship.</p> Signup and view all the answers

<p>#4: Maryland, WV, VA, NC, and SC.</p> Signup and view all the answers

<p>The court grants about 10% of the 8,000 petitions for cert each year.</p> Signup and view all the answers

<p>The party who files a claim in court.</p> Signup and view all the answers

<p>One who answers a complaint.</p> Signup and view all the answers

<p>The party who appeals from one court to another.</p> Signup and view all the answers

<p>The party against whom an appeal is filed.</p> Signup and view all the answers

<p>They extend personal jurisdiction to out-of-state parties.</p> Signup and view all the answers

<p>Commonality and adequacy of representation.</p> Signup and view all the answers