Business Law (Acc 241)

Front 1

What is

In personam jurisdiction

Back 1

personal jurisdiction over any person or business that resides in a certain geographic area.

Front 2

What is

in rem jurisdiction

Back 2

"jurisdiction over the thing"
court can exercise jurisdiction over property that is located within its boundries

Front 3

Corporate (Jurisdiction)

Back 3

corporations are considered legal persons when they have minimum contact test passed. they sell or advertise products within the state, or place goods with the intent to be sold.

Front 4

General and limited Jurisdiction

Back 4

general (unlimited) jurisdiction: can decide cases of a broad array of issues.
Limited: only limited issues, ex: probate courts, bankruptcy courts

Front 5

Original and Appellate Jurisdiction

Back 5

Original: where lawsuits begin, trials and evidence, finders of fact

Appellate: review courts, reviewers of law

Front 6

Federal Jurisdiction (two)

Back 6

Federal question: US constitution, treaty or federal law.
Diversity of citizenship:defendant and plaintiff different states, dollar amount greater than 75,000

Front 7

Concurrent Jurisdiction

Exclusive Jurisdiction

Back 7

Concurrent- both federal and state have power to hear case. (party may choose which court)
Exclusive- only federal or state have power to hear case

Front 8

"Sliding Scale" Standard

Back 8

Three types of internet business contacts 1) Substantial business conducted over internet 2) some interactivity through internet 3) passive advertising

Front 9

Venue

Back 9

where is the most convenient place for the case to be heard.

Front 10

Standing *to sue

Back 10

sufficient stake in the matter...party must have legally protected or tangible interest in the litigation, can be for another person (case of child and parent)

Front 11

Justiciable Controversy

Back 11

standing to sue requires that a controversy to be real and substantial as opposed to hypothetical or academic

Front 12

State Court Systems

Back 12

1) local trial courts limited
2) local trial courts general
3) state courts of appeal (intermediate appellate
4) state supreme court

Front 13

Small claims court

Back 13

inferior courts usually less than 5,000 claims

Front 14

question of law

Back 14

application of interpretation of the law

Front 15

Federal Court System

Back 15

1) US district court
2) US courts of appeals
3) United States Supreme Court

Front 16

Writ of Certiorari

Back 16

issued by the supreme court directing the lower court to transmit records for a case

Front 17

Rule of Four

Back 17

is a Supreme Court of the United States practice that permits four of the nine justices to grant a writ of certiorari.

Front 18

ADR (alternative dispute resolution)

Back 18

Alternative dispute resolution- another means for settling disputes, becoming more popular

Front 19

Negotiations

Back 19

form of ADR, process when parties try to settle dispute without attorneys to represent them.

Front 20

Mediation

Back 20

form of ADR, neutral third party acts as mediator that works with both sides, non-binding

Front 21

Arbitration

Back 21

form of ADR, third party hears dispute and imposes resolution, decision is legally binding, most of the time but can be non-binding

Front 22

The Pleadings

Back 22

1) Complaint
2)Service of Process (at least 18 years old, not a party)
3)Answer

Front 23

Complaint

Back 23

statement alleging 1) facts showing court has jurisdiction 2) facts establishing plaintiffs basis for relief 3) remedy the plaintiff is seeking

Front 24

Service of process

Back 24

plaintiff must deliver a copy of the complaint call Summons (notice to appear in court and answer complaint)

Front 25

Default Judgment

Back 25

a judgment entered in favor of the plaintiff when the defendant defaults (fails to appear in court)

Front 26

Answer

Back 26

defendants response to the complaint, denies or admits each allegation, if allegation not addressed than deemed admitted

Front 27

Pre-Trail Motions

Back 27

1) Motion to dismiss
2) Motion for Judgment of the Pleadings
3) Motion for a summary Judgment

Front 28

Motion for dismiss

Back 28

Application to the court, by the party defending a lawsuit, seeking to have the complaint dismissed for failure to state a claim as a matter of law.

Front 29

Motion for Judgment of the Pleadings

Back 29

a motion made after pleadings have been entered that requests the court to issue a judgment at that point, without going to trial

Front 30

Motion for a summary Judgment

Back 30

Asks the court to grant a judgment in that party's favor without a trial.

Front 31

Pre-trail procedures

Back 31

1) Discovery
2) Pre-trail conference
3) Jury selection

Front 32

Discovery

Back 32

the methods used by parties to a civil or criminal action to obtain information held by the other party that is relevant

Front 33

Pre-Trial conference

Back 33

A meeting between the judge and the lawyers involved in a lawsuit to narrow the issues in the suit, agree on what will be presented at the trial

Front 34

Jury Selection

Back 34

Jury selection refers to several methods used to choose the people who will serve on a trial jury.

Front 35

The trail

Back 35

1) Rules of Evidence
2) Opening Statement
3) Plaintiffs Case
4) Motion for a Directed Verdict
5) Defendants Case
6) closing argument
7) Jury instruction
8) Jury's Verdict

Front 36

Rules of Evidence

Back 36

A Series of rules that have been created by the courts to ensure that the evidence presented during a trial is fail and reliable

Front 37

Opening Statement

Back 37

An attorney’s initial statement at trial outlining their intended arguments.

Front 38

Motion for a Directed Verdict

Back 38

attorney ask judge to direct virdict for defendant on the grounds that the plaintiff had presented no evidence to support there claim.

Front 39

closing argument

Back 39

This is the final argument by an attorney on behalf of a client in a courtroom

Front 40

Jury instruction

Back 40

Jury instructions are the set of legal rules that jurors should follow when the jury is deciding a civil or criminal case

Front 41

Jury's Verdict

Back 41

A decision on an issue of fact in a civil or criminal case or an inquest; An opinion or judgement

Front 42

Post trial motions

Back 42

1) motion for a new trial
2) motion for judgment N.O.V.

Front 43

Motion for a new trial

Back 43

request made to be tried again on the basis that there were significant legal errors in the trial by judge or jury came to an incorrect result.

Front 44

Motion for Judgment N.O.V.

Back 44

granted if the jury's verdict is unreasonable and erroneous

Front 45

Appeal

Back 45

1) Filing
2) appellate review
3) further appeals

Front 46

Writ of executions

Back 46

order directing the sheriff to seize and sell defendants nonexempt assets and property to pay damages or debts

Front 47

Civil v. Criminal (Burden of Proof)

Back 47

Civil- more likely than not

Criminal- beyond reasonable doubt

Front 48

Felonies

Back 48

serious crimes punishable by death or imprisonment (one year or more)

Front 49

Felony Degrees

Back 49

3rd- up to 5 years
2nd- maximum 10 years
1st- maximum life
Capital Offense- maximum death

Front 50

Misdemeanors

Back 50

less serious crimes not a felony, up to a year in jail. petty offenses

Front 51

Petty Offense

Back 51

An offense for which the only allowable penalty is a fine or day or two in jail

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Actus reus

Back 52

A guilty deed or act

Front 53

Mens rea

Back 53

Criminal intent. An act must be blameworthy. It must be done with criminal intent or be an act of gross negligence or recklessness

Front 54

Types of Crimes

Back 54

1) Violent
2) Property
3) Public Order
4) White collar
5) RICO

Front 55

Battery

Back 55

tort of intentionally and voluntarily bringing about an unconsented harmful or offensive contact with a person, battery involves an actual contact

Front 56

Robbery

Back 56

taking money, property or things of value from a person by means of force or fear

Front 57

Burglary

Back 57

entering a building unlawfully with intent to commit a felony or to steal valuable property

Front 58

Larceny (theft)

Back 58

The unlawful taking of personal property as an attempt to deprive the rightful owner of it permanently

Front 59

Assault

Back 59

tort of acting intentionally and voluntarily causing the reasonable apprehension of an immediate harmful or offensive contact. requires intent

Front 60

Arson

Back 60

malicious burning to destroy property

Front 61

Self Defense

Back 61

allows a person attacked to use reasonable force in their own defense and the defense of others, deadly force has to be imminent death or grievous harm

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Necessity

Back 62

commit a crime to prevent a greater harm

Front 63

Miranda

Back 63

rights read by an officer to a person in custody before they are interrogated. exceptions- public safety unequivocal request