Business Law Test One Set 8

Front 1

a case establishing all the necessary elements; without rebuttal evidence from the defendant, entitles the plaintiff to a verdict

Back 1

prima facie case

Front 2

verdict entered by judge upon motion of a party after the presentation of either side's case; can be entered if the plaintiff has not met his burden of proof or if the defendant fails to rebut the plaintiff's case

Back 2

directed verdict

Front 3

-Failure by the plaintiff to prove all elements entitles defendant to a ----
-made with jury excused

Back 3

directed verdict

Front 4

Each side summarizes case presented

Back 4

closing arguments

Front 5

Judge explains law to jurors
Law is written in form for jurors to apply
Lawyers have input on instructions

Back 5

Jury instructions

Front 6

Some states do not require unanimous verdicts in civil cases - only a majority
If the jury can’t reach a verdict, a hung jury results in a mistrial

Back 6

jury deliberations

Front 7

jury ------------ are done privately

Back 7

deliberations

Front 8

Decisions of the jury
Oneside can request to have the jury polled—occasionally any pressure exerted will come out then

Back 8

jury verdict

Front 9

effect is a trial court judge reversing the jury verdict—rarely done

Back 9

Motion for a judgment NOV (non obstante veredicto)—motion for a judgment
means notwithstanding the verdict;

Front 10

Generally Granted for:
Error of Law by trial court
Newly discovered evidence
Misconduct by a party

Back 10

the appeal

Front 11

what are the steps of litigation

Back 11

1.Filing a Complaint or Petition, 2.Service of Process, 3. The Answer, 4. Ending a Suit Through Motions, 5. Discovery, 6. Pre Trial Motions, 7. The Trial, 8. The appeal

Front 12

article one of the constitution establishes the

Back 12

legislative branch

Front 13

Congress
-House of Representatives
-Senate

Back 13

legislative branch

Front 14

President
Vice President

Back 14

article 2 executive branch

Front 15

Creates U.S. Supreme Court
Authorizes Congress to create other courts

Back 15

judicial branch article 3

Front 16

First:
Fourth:
Fifth:
Sixth:
Fourteenth Amendment:

Back 16

First: Freedom of speech
Fourth: Privacy
Fifth: Due process and self-incrimination
Sixth: Jury trial
Fourteenth Amendment: Due Process and Equal Protection

Front 17

the ---- amendment applied the first 10 amendments to the state level

Back 17

14th amendment

Front 18

Determines the Rights Afforded by the U.S. Constitution
Determines the Scope of Rights
Plays Unique Role in Checks and Balances
-Determines the appropriateness of the actions of other branches

Back 18

role of judicial review

Front 19

Article I, Section 8:

Back 19

the commerce clause

Front 20

provides congress with the power to regulate commerce with foreign nations, and among several states.

Back 20

commerce clause

Front 21

If Congress has regulated, there is an overriding concern about the --------

Back 21

Supremacy Clause

Front 22

------ cannot give in-state businesses an advantage

Back 22

state law

Front 23

the states power to pass laws that promote the public welfare and protect public health and safety.

Back 23

police powers

Front 24

The power of Congress to regulate foreign commerce applies regardless of where it begins and ends

Back 24

Congressional Regulation of Foreign Commerce

Front 25

-intrastate activities, even though local in character, may still affect interstate commerce and thus be subject to federal regulation.
-expanded the authority of the federal government in regulating commerce.

Back 25

affectation doctrine

Front 26

Article IV:
Article V:
Article VI:

Back 26

Article IV: State interrelationships
Article V: Procedures for amendments
Article VI: Supremacy Clause

Front 27

Determines the Rights Afforded by the U.S. Constitution
Determines the Scope of Rights
Plays Unique Role in Checks and Balances
--Determines the appropriateness of the actions of other branches

Back 27

role of judicial review