Business Law Chapter 2

Front 1

Associate justices

Back 1

The other eight justices on the Supreme court who are not the Chief Justice.

Front 2

Limited jurisdiction trial court

Back 2

Hear matters of a specialized or limited nature. Examples: traffic courts, juvenile courts, probate courts, family law courts. Evidence can be introduced and testimony can be given.

Front 3

Small Claims Court

Back 3

Courts that hear civil cases involving small dollar amounts. Parties must appear individually and cannot have lawyers. the decisions of these courts are often appealed to general jurisdiction courts or trial courts.

Front 4

General Jursidicton Trial Courts

Back 4

A court that hears cases of a general nature that are not within the jurisdiction of limited jurisdiction trial courts. Testimony and evidence at trial are recorded and stored for future reference. Examples: ffelonies, civil cases over a certain dollar amount. The decisions handed down by these courts are appealable to an intermediate court or State Supreme Court depending on circumstances.

Front 5

Intermediate Appellate Courts

Back 5

An intermediate court that hears appeals from trial courts. Review the trial court record to see if there are any errorss at trial that would require reversal or modification of the trial court's decision. No new evidence or testimony is permitted. Usually file legal briefs stating the law and facts to support their position and are given a brief oral hearing.

Front 6

What are the state Courts?

Back 6

Most include limited jurisdiction trial courts, general jurisdiction trial courts, intermediate appellate courts, and a supreme court.

Front 7

Inferior Trial Courts

Back 7

Limited jurisdiction trial courts.

Front 8

courts of record

Back 8

general jurisdiction trial courts are often called this because testimony and evidence at trial are recorded and stored for future reference.

Front 9

State Supreme Court

Back 9

Each state has a highest court in its court system. Most are called state supremem courts. The function is to hear appeals from intermediate appellate state courts and certain trial courts. No new evidence or testimony is heard. Parties usually submit pertinent parts of or the enire lower court record for review. Parties also submit legal briefs and are usually granted a brief oral hearing. Decisions of the State Supreme Court are final unless appealable to the Federal Supreme Court.

Front 10

Specialized Federal Courts

Back 10

Federal courts that hear matters of specialized or limited jurisdiction. Examples include US Tax Court that hears cases involving federal tax law, US bankruptcy court that hears cases involving bankrupcy law.

Front 11

US district Courts

Back 11

The federal court system's trial courts of general jurisdiction. 94 District courts. At least one in each state. They are empowered to impanel juries, recieve evidence, hear testimony, and decide cases. Most federal cases originate here.

Front 12

District

Back 12

The geographical area served by each court is referred to as a district.

Front 13

US Courts of Appeals

Back 13

The federal Court system's intermediate appellate court. 13 circuits

Front 14

Court of Appeals for the Federal Circuit.

Back 14

A US Court of Appeals in Washington DC that has special appellate jurisdiction to review the decisions of the Court of Federal Claims, the Patent and Trademark Office, and the Court of International Trade. It was created to provide uniformity in the application of federal law in certain areas, particularly patent law.

Front 15

US Tax Court

Back 15

The US tax court hears cases that involven federal tax laws.

Front 16

US Court of Federal Claims

Back 16

Hears cases brought against the US./

Front 17

US Court of International Trade

Back 17

Hears appeals of rulings of the US customs offices that involve tariffs and international commercial disputes.

Front 18

US Bankruptcy Court

Back 18

hears cases that involve federal bankruptcy laws

Front 19

US Court of appeals for the Armed Services

Back 19

excersises appellate jurisdiction over members of the armed services.

Front 20

US court of appeals for veterans claism

Back 20

exerciese jurisdiction over decisions of the Dept. of Veterans affaris.

Front 21

Circuit

Back 21

The geograhical area served by each court is referred to as a circuit

Front 22

District of Columbia Circuuit

Back 22

12th Circuit court located in Washington DC.

Front 23

What does the Court of appeals for the Federal circuit do?

Back 23

They hear appeals from district courts located in their circuit as well as from federal administrative agencies. They review record of lower court to see if there is an error that would warrent reversal or modification. NO new evidence or testimony. Can finle briefs and are given a short oral hearing. Usually heard by a three judge panel. After a decision is made a petitioner can reequest review en banc by the full court.

Front 24

US Supreme Court

Back 24

The highest Court in the US, located in Washington DC. The Supreme Court was created by Article III of the US constitution. The Chief justice is responsible for the administration of the Supreme Court. It makes sure the checks and balances work out. it is an appellate court that hears appeals from federal circuit courts or special things. They revies testimony legal briefs are filed and parties are granted oral hearing. The SUPREME COURTS DECISION IS FINAL.

Front 25

Chief Justice

Back 25

Appointed to the US supreme Court by the Pres. he is responsible for the administration fo the supreme court.

Front 26

What can the supreme court do that allows them freedom.

Back 26

They are allowed to choose which cases they want to hear/

Front 27

Petition for certiorari

Back 27

If you want the Supreme Court to hear your case you send a petition asking the SUpreme court to hear your case.

Front 28

Writ of certiorari

Back 28

After you file a petition of certiorari the supreme court can decide to review the case. If they decide to they issue awrit of certiorari which is an official notice that the Supreme Court will review a case. Usually only hear about 100 cases granted in cases involving constitutional matters and other important issues.

Front 29

Unanimous decision

Back 29

If all justices agree to the outcome and the reasoning then the decision is unanimous and it is precedent for later cases.

Front 30

Majority decision

Back 30

if a majority of the justices agree as to the outcome and reasoning used to decide the case. This occurs if 5,6,7, or 8 justices vote for the same outcoome for the same reason. This is precedent for later cases.

Front 31

Plurality decision

Back 31

If a majority of justices agree as to the outcome of the case but not as to the reasoning for reaching the outcome it is a plurality decision. This settles the case but is not precedent for later cases.

Front 32

Tie decision

Back 32

Sometimes the SUpremem court sits without all 9 present. If there is a tie decision, the lower court decision is affirmed. Not precendet for later cases.

Front 33

Concurring opinion

Back 33

A justice who agrees with the outcome of the case but not the reason can issue a concurring opinion that sets forth his or her reasons for deciding the case.

Front 34

Dissenting opiniomn

Back 34

A justice who does not agree with a decision can file a dissenting opinion that sets forth the reasons for her dissent.

Front 35

Federal question case

Back 35

A case arising under the US Const, treaties, or federal statutes and regulations. No dollar amount limit on federal question cases that can be brought in federal court.

Front 36

Diversity of ciizenship

Back 36

A means for bringing a lawsuit in federal court that involves a nonfederal question if the parties are 1. citizens of different states or 2 a citizen of a state and a citizen or subject of a foreign country. The reason is because we want to prevent state court bias against nonresidents. he dollar amount must exceed 75000.

Front 37

Exclusive jurisdiction

Back 37

Jurisdiction held only by one court. Federal courts have this to hear cases involving federal crimes, anti trues, bankruptcy, patent and copyright cases, suits against the US and most admiralty cases. State Courts cannot hear these cases.

Front 38

Concurrent jurisdiction

Back 38

Jurisdiction shared by two or more courts. State courts can hear cases involving federal questions and diversity of ciitizenship that the FEd doesn't have exclusive jurisdiction over. If it is brought by plaintiff to Fed court it stays there. If it is brought by plaintiff to state court defendant can let it stay there or move it to supreme court.

Front 39

Standing to sue

Back 39

In order to bring a lawsuit, the plaintiff must have some stake in the outcome of the lawsuit.

Front 40

In personam jurisdiction

Back 40

jurisdiction over the paries to a lawsuit. The court must have in personam jurisdiction over the defenant, which is usually obtained by having a summons served to that person within the territorial boundaries of the state or mailing the summons is allowed. A corp. is subjrect to personal jurisdiction in the state in which it is incorportated, has principla ofifce and is doing business.

Front 41

Service of Process

Back 41

A summons being served on the defendant to obtain personal jurisdiction over them.

Front 42

In rem jurisdiction

Back 42

Jurisdiction to hear a case because of jurisdiction over the property of the lawsuit. For example a piece of real estate located within a state.

Front 43

Quasi in rem jurisdiction

Back 43

Jurisdiction that allows a plaintiff who obtains a judgement in one state to try to collect the judgement by attaching property of the defendant located in another state.

Front 44

Long arm statute

Back 44

A statute that extends a state's jurisdiction to non reisdents who were not served a summons within a state. The non reisdent must have had some minimum contact with the state. Generally permitted over those who have 1. committed torts within the state (IE caused an accident), 2. entered into a contract in the state and breached the contract, 3. or transacted other business that allegedly caused injury to another person.

Front 45

minimum contact

Back 45

In order for a long arm statute to be in effect the person must have had minimum contact such as caused an auto accident in the state.

Front 46

Venue

Back 46

A concept that requires lawsuits to be heard by the court with jurisdiction that is nearest the location in which the incident occurred or where the parties reside.

Front 47

A change of venue

Back 47

can be requested when pretrial publicity may prejudice juries located in the proper venue. In this case change of venue request can be filed to finda more impartial jury.

Front 48

Forum Shopping

Back 48

courts generally frown on forum shopping ie looking for a favorable court without a valid reason.

Front 49

Forum selection clause

Back 49

A contract provision that designates a certain court to hear any dispute concerning nonperformance of the contract. Parties sometimes agree that if a dispute arises which court system will be used where.

Front 50

Choice of law clause.

Back 50

In addition to agreeing where a case will be heard parties often agree in contracts as to what state's law or country's law will apply in resolving a dispute. That is the choice of law clause.