Business Law: Exam Questions essay

Appellate jurisdiction – the authority of a court to review a prior decision in the same case but made by another court Original jurisdiction ? the authority of a court to hear and decide a dispute in the first instance Trial courts Supreme court of the US is in some instances an original jurisdiction court Treaties is an example of when supreme court Personal jurisdiction – inversions jurisdiction – means court passes jurisdiction over to the persons handling the business Bankruptcy can only go o a bankruptcy courts Long arm statutes – negotiation between states in which a nonresident person or entity who would otherwise not fall in the jurisdiction Of a court may be required to appear before that court Inner jurisdiction – courts have personal jurisdiction over disputed property located within the county district or state that the court is situated Subject matter jurisdiction – the authority of the court to hear or decide a particular dispute in court Civil systems = no jury trial A plaintiff must have standing (sufficient personal stake in the outcome of a spite and that stake must be based on threatened or actual injury due to a defendants actions) must have justifiable controversy Justifiable controversy – real and substitutive controversy Look at book for federal question and jurisdictions amount American court system 3 letters 1) Trial court – litigation 2) Intermediate reviewing courts 3) Final reviewing courts Exam review What differentiates a law from a rule? Asked to list at least 6 functions of law Identify 3 disadvantages of the doctrine of stare decides 5 advantages Of the doctrine Of stare decides Stages of music hall case 1) Is the case a civil case or a criminal case 2) It is a blank case because of Do appellate courts hear new evidence and testimony? The link between elements when a court has the power to review the decisions of another court that court has what power If there is a conflict between a state and a federal law generally the federal law will prevail because of _ A. Travel, drive, free speech, vote. Q Your fundamental rights include all except?

The power of federal courts to declare a statute or government latched unconstitutional is called what? The doctrine of reemitting which means that a federal law will supersede a state law if the 2 laws conflict is based on what clause in the constitution Adam moved into an apartment complex, the rules of the complex prohibit unmarried woman and men from living together in the same apartment. When Adams friend Diane moved into the apartment, Adam was served with eviction papers. Adam claims the apartment complex is violating his constitutional rights. Since it allows married couples to live together. Is Adam right 1) Yes, his equal protection rights have been violated 2) Yes, him and Diane are being treated differently then married couples 3)

We Will Write a Custom Essay Specifically
For You For Only $13.90/page!


order now

No, no constitutional protections do not extend to privately owned apartment complexes 4) No, his fundamental right cohabit has not been violated The Bill of rights are found where in the constitution Jurisdiction is one of those 1) The study of law 2) A federal court concept 3) Applicable only to appeals court 4) The authority What are the powers possessed by the supreme court In 1 992 a NC supreme court ruled in a case entitled Goodman v wince foods that when a substance in food causes injury to a consumer of that food it is not a bar to recovery against the seller that the substance was natural to the food. So if in 2001 case involving a consumers injury caused by a fish bone in a bowl of fish chowder the court followed the decision in Goodman v. wince the courts action would be a case of what.

Where they followed the previous courts ruling Anna Maria, a resident of California, hires you to file a lawsuit on her behalf against hector due to an incident in which hector assaulted and battered her, she wants you to file a civil action in federal court Which is least likely to constitute proper ground for federal court jurisdiction 1) Hector is an FBI agent who committed the assault during an investigation 2) Hector is a seaside of Florida and Anna Maria suffered damages in excess of $100,000 3) Anna Maria is Hispanic and wishes to sue hector for civil damages under federal discrimination laws 4) Anna Maria seeks an injunction and restraining orders to prevent hector from contacting her ever again. What is the purpose of the uniform commercial code In the US the federal constitution and state constitutions confer 2 types of powers on the governments of which they are a part 1) Administrative powers and litigated powers 2) Statutory powers and judicial review powers 3) Express powers and implied powers What does civil law regulate?

Which statement more closely represents the doctrine of stare decides 1) Fig What are laws enacted by local governments called What are laws enacted by city council called Laws that are enacted by state legislators and congress Where in what document do you find for the USA the principles and ideals which guard individual liberties and freedoms What does taking clause do? What is an injunction? What are the primary sources of law in the United States? Congress may regulate any activity that has a substantial economic effect on interstate commerce. T/F Let the seller beware. Definition One thing in return for another. Definition A legal command issued by a judge. Definition In contemplation of approaching death. Definition Separates laws from rules. Differentiates a law from a rule. Definition A unanimous opinion that does not indicate which judge wrote it. Define ignition The party who won in the lower court. Definition The course disposition of an action.

Definition et the buyer beware. Definition A group of laws dealing with business transactions in a consistent manner that has been adopted by most of the states The legal specialty concerned by he relationships between businesses or individuals and government agencies Governmental powers that the courts have found in constitutions through interpretation and inference The category Of law concerned with acts against society The legal specialty concerned with rights and obligations of individuals The thing has been decided Any statement of law that is superfluous A doctrine that permits judges to make decisions based on Ferris, CEQ laity, moral rights and natural law.