Business Law, Text And Cases

Front 1

What are the secondary sources of law?

Back 1

Secondary sources of law are books and articles that summarize and clarify the primary sources of law such as legal encyclopedias. Courts often refer to secondary sources of law for guidance in interpreting and applying the primary sources of law.

Front 2

What is meant by Constitutional law?

Back 2

The law as expressed in the U.S. Constitution and the state constitutions. The U.S. Constitution is the supreme law of the land. State constitutions are supreme within state borders to the extent that they do not violate a clause of the U.S. Constitution or a federal law.

Front 3

What are statutory laws?

Back 3

They are laws enacted by federal, state, and local legislatures and governing bodies. None of these laws can violate the U.S. Constitution or the relevant state constitution.

Front 4

What are administrative agencies?

Back 4

An administrative agency is a government agency established to perform a specific function.

Front 5

How are federal executive agencies regulated?

Back 5

Executive agencies are subject to the authority of the president, who has the power to appoint and remove their officers, but the president’s power is less pronounced in regard to independent agencies.

Front 6

What is The U.S. Food and Drug Administration?

Back 6

The U.S. Food and Drug Administration is an agency within the U.S. Department of Health and Human Services.

Front 7

What are independent regulatory agencies?

Back 7

Independent regulatory agencies are federal agencies that are independent of the executive departments. Though they are considered part of the executive branch, these agencies are meant to impose and enforce regulations free of political influence.

Front 8

What is meant by Case law?

Back 8

Judge-made law, including interpretations of constitutional provisions, of statutes enacted by legislatures, and of regulations created by administrative agencies.

Front 9

What is a precedent?

Back 9

A precedent is a decision that sets an example or authority for deciding future cases involving identical or similar legal principles or facts.

Front 10

What business aspects do administrative laws affect?

Back 10

These regulations govern many business aspects including a business’s capital structure, from hiring and firing decisions to workplace safety, business financing. Regulations enacted to protect the environment also often play a significant role in business operations.

Front 11

What is meant by common law?

Back 11

Common law is the system of law which is based on judges' decisions and on custom rather than on written laws.

Front 12

What is the importance of ethics in business?

Back 12

Business decision makers also need to consider whether a decision is ethical. Often disputes arise in business because one party feels that it has been treated unfairly. Thus, the underlying reason for bringing some lawsuits is a breach of ethical duties.

Front 13

Why was the National Conference of Commissioners on Uniform State Laws established?

Back 13

To counter the problems related to conducting trade and commerce among states that businesses had to face because of the differences among state laws, a group of legal scholars and lawyers formed the NCCUSL in 1892 to draft uniform laws for the states to consider adopting. The NCCUSL has created more than 200 laws since its establishment.

Front 14

What were the two distinct court systems in the medieval England?

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They were courts of law and courts of equity. The courts had different sets of judges and granted different types of remedies.

Front 15

How do courts provide legal and equitable remedies now?

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During the nineteenth century, most states in the United States adopted rules of procedure that resulted in the combining of courts of law and equity. A party now may request both legal and equitable remedies in the same action, and the trial court judge may grant either or both forms of relief.

Front 16

What are courts of law and remedies at law?

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The Courts of Law were the early English king’s courts that could grant only very limited kinds of remedies. If one person wronged another in some way, the king’s courts could award as compensation one or more of the following: (1) land, (2) items of value, or (3) money. These three remedies are known as remedies at law.

Front 17

What remedy at law is used by courts now?

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Today, the remedy at law normally takes the form of monetary damages which is an amount given to a party whose legal interests have been injured.

Front 18

What did the courts of law do when a complaining party wanted a remedy other than economic compensation?

Back 18

When a complaining party wanted a remedy other than economic compensation, the courts of law could do nothing.

Front 19

What is meant by Equity?

Back 19

Equity is a branch of law— founded on notions of justice and fair dealing—that seeks to supply a remedy when no adequate remedy at law is available.

Front 20

How were courts of equity established?

Back 20

When individuals could not obtain an adequate remedy in a court of law, they petitioned the king for relief. Most of these petitions were decided by an adviser to the king, called a chancellor, who had the power to grant new and unique remedies. Eventually, formal chancery courts, or courts of equity, were established.

Front 21

How were courts of equity established?

Back 21

When individuals could not obtain an adequate remedy in a court of law, they petitioned the king for relief. Most of these petitions were decided by an adviser to the king, called a chancellor, who had the power to grant new and unique remedies. Eventually, formal chancery courts, or courts of equity, were established.

Front 22

What are remedies in equity?

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The remedies granted by the equity courts became known as remedies in equity, or equitable remedies.

Front 23

What are the three main remedies in equity?

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These remedies include specific performance, an injunction, and rescission. Specific performance involves ordering a party to perform an agreement as promised. An injunction is an order to a party to cease engaging in a specific activity or to undo some wrong or injury. Rescission is the cancellation of a contractual obligation.

Front 24

When is a remedy in equity usually granted?

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As a general rule, courts do not grant equitable remedies unless the remedy at law—monetary damages—is inadequate.

Front 25

What are equitable maxims?

Back 25

In deciding appropriate remedies, judges often were (and continue to be) guided by so-called equitable maxims which are propositions or general statements of equitable rules.

Front 26

What does the equitable maxim "whoever seeks equity must do equity' mean?

Back 26

Anyone who wishes to be treated fairly must treat others fairly.

Front 27

What does the equitable maxim "Where there is equal equity, the law must prevail." mean?

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The law will determine the outcome of a controversy in which the merits of both sides are equal.

Front 28

What does the equitable maxim "One seeking the aid of an equity court must come to the court with clean hands." mean?

Back 28

The plaintiff must have acted fairly and honestly.

Front 29

What does the equitable maxim "Equity will not suffer a wrong to be without a remedy." mean?

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Equitable relief will be awarded when there is a right to relief and there is no adequate remedy at law.

Front 30

What does the equitable maxim "equity regards substance rather than form." mean?

Back 30

Equity is more concerned with fairness and justice than with legal technicalities.

Front 31

What does the equitable maxim "Equity aids the vigilant, not those who rest on their rights." mean?

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Equity will not help those who neglect their rights for an unreasonable period of time. This maxim merits special attention.

Front 32

What is the equitable doctrine of laches?

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The maxim—“Equity aids the vigilant, not those who rest on their rights”— is known as the equitable doctrine of laches (negligent), and it can be used as a defense. The doctrine of laches arose to encourage people to bring lawsuits while the evidence was fresh.

Front 33

What is a defense?

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A defense is an argument raised by the defendant indicating why the plaintiff should not obtain the remedy sought.

Front 34

What are the two parties in equity proceedings called?

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In equity proceedings, the party bringing a lawsuit is called the petitioner, and the party being sued is referred to as the respondent.

Front 35

What are statutes of limitations?

Back 35

They fix time periods for different types of cases. After the time allowed under a statute of limitations has expired, no action (lawsuit) can be brought, no matter how strong the case was originally.

Front 36

What is the year book?

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By the fourteenth century, portions of the most important decisions from each year were being gathered together and recorded in Year Books, which became useful references for lawyers and judges. In the sixteenth century, the Year Books were discontinued, and other forms of case publication became available.

Front 37

What are reports or reporters?

Back 37

reporters, or reports are volumes in which cases are published, or “reported,” now.

Front 38

How was the doctrine of stare decisis made?

Back 38

In the king’s courts, judges attempted to make their decisions consistent with previous decisions, called precedents. This practice gave rise to the doctrine of stare decisis. This doctrine became a cornerstone of the common law tradition.

Front 39

What does the doctrine of stare decisis state?

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This doctrine obligates judges to abide by the precedents established in their jurisdictions. A court should not overturn its own precedents unless there is a compelling reason to do so. The precedent is binding on the court that issued it and on lower courts within the same jurisdiction.

Front 40

what do we need to know to seek the proper remedy for a wrong?

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To seek the proper remedy for a wrong, one must know what remedies are available.

Front 41

What is meant by jurisdiction?

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The term jurisdiction refers to a geographic area in which a court or courts have the power to apply the law.

Front 42

What is a binding authority?

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A binding authority is any source of law that a court must follow when deciding a case. Binding authorities include constitutions, statutes, and regulations that govern the issue being decided, as well as court decisions that are controlling precedents within the jurisdiction.

Front 43

What are controlling precedents?

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Controlling precedents in a jurisdiction are referred to as binding authorities.

Front 44

How does the doctrine of stare decisis help the courts in making decisions?

Back 44

The doctrine of stare decisis helps the courts to be more efficient because, if other courts have analyzed a similar case, their legal reasoning and opinions can serve as guides. Stare decisis also makes the law more stable and predictable.

Front 45

How does the doctrine of stare decisis help people bringing a case?

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Stare decisis makes the law more stable and predictable. If the law on a subject is well settled,someone bringing a case can usually rely on the court to rule based on what the law has been in the past.

Front 46

How might a court depart from the rule of precedent?

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If a court decides that a ruling precedent is simply incorrect or that technological or social changes have rendered the precedent inapplicable, the court might rule contrary to the precedent. Cases that overturn precedent often receive a great deal of publicity.

Front 47

What flexibility do judges have in applying precedent?

Back 47

Judges do have some flexibility in applying precedents. For instance, a lower court may avoid applying a precedent set by a higher court in its jurisdiction by distinguishing the two cases based on their facts. When this happens, the lower court’s ruling stands unless it is appealed to a higher court and that court overturns the decision.

Front 48

What is meant by cases of first impression?

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Cases for which no precedents exist are called cases of first impression. Occasionally, courts must decide such cases.

Front 49

What are persuasive authorities?

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The persuasive authorities are precedents from other jurisdictions. Courts often use persuasive authority as guidance in deciding similar cases.

Front 50

What is a public policy?

Back 50

public policy is a governmental policy based on widely held societal values.

Front 51

What factors may courts consider in deciding cases?

Back 51

A court may consider persuasive authorities, legal principles and policies underlying previous court decisions or existing statutes. Other factors that courts look at include fairness, social values and customs, and public policy.

Front 52

Wjat is meant by legal reasoning?

Back 52

Legal reasoning is the reasoning process used by judges in applying the law to the facts and issues of specific cases. Legal reasoning involves becoming familiar with the key facts of a case, identifying the relevant legal rules, applying those rules to the facts, and drawing a conclusion.

Front 53

What is the IRAC method of legal reasoning?

Back 53

The basic steps of the legal reasoning process form what is commonly referred to as the IRAC method of legal reasoning. IRAC is an acronym of Issue, Rule, Application, and Conclusion.

Front 54

How do we apply the IRAC method?

Back 54

To apply the IRAC method, you would ask the following questions:

1. issue—What are the key facts and issues?

2. rule—What rules of law apply to the case?

3. Application—How do the rules of law apply to the particular facts and circumstances of this case?

4. conclusion—What conclusion should be drawn?

Front 55

What is meant by a "rule of law" when identifying rules applicable in a case?

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A rule of law may be a rule stated by the courts in previous decisions, a state or federal statute, or a state or federal administrative agency regulation.

Front 56

What are cases on point?

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cases on point are previously decided cases that are as similar as possible to the one under consideration.

Front 57

Why is the application step considered most difficult in the IRAC method?

Back 57

This step is often the most difficult because each case presents a unique set of facts, circumstances, and parties. Although cases may be similar, no two cases are ever identical in all respects.

Front 58

How do the judges' beliefs and philosophy affect the legal reasoning process?

Back 58

The outcome of a particular lawsuit before a court cannot be predicted with absolute certainty. Sometimes, even though the law would seem to favor one party’s position, judges, through creative legal reasoning, have found ways to rule for the other party to prevent injustice.

Front 59

Why do we belief that in law "There Is No One 'Right' Answer"?

Back 59

In most legal controversies, there is no single correct result. Good arguments can usually be made to support either side of a legal controversy and judges having different beliefs and philosophies may decide same case differently.

Front 60

Why is it difficult to identify the "good" and "bad" person in a case?

Back 60

Quite often, a case does not involve a “good” person suing a “bad” person. In many cases, both parties have acted in good faith in some measure or in bad faith to some degree.

Front 61

What areas are covered by Common law doctrines and principles?

Back 61

Common law doctrines and principles govern only areas not covered by statutory or administrative law.

Front 62

Which source of law takes priority between statutes and common law doctrines?

Back 62

In a dispute concerning a particular practice, if a statute regulates that practice, the statute will apply rather than the common law doctrine that applied before the statute was enacted.

Front 63

How does statutory law and common law principles affect each other?

Back 63

There is a significant interplay between statutory law and the common law. For instance, many statutes essentially codify existing common law rules, and regulations issued by various administrative agencies are often based on common law principles.

Front 64

How does common law help judge that interprete a statutory law?

Back 64

The courts, in interpreting statutory law, often rely on the common law as a guide to what the legislators intended.

Front 65

What should we do if we want to learn about the coverage and application of a particular statute?

Back 65

You would necessarily have to locate the statute and study it and you would have to learn what precedents have been established in your jurisdiction with respect to that statute.

Front 66

How does common law affect newly enacted statute?

Back 66

How the courts interpret a particular statute determines how that statute will be applied. Often, the applicability of a newly enacted statute does not become clear until a body of case law develops to clarify how, when, and to whom the statute applies.

Front 67

What is the Restatement of the Law?

Back 67

Restatements of the Law are compilations, published by The American Law Institute(ALI) , which generally summarize the common law rules followed by most states.

Front 68

What areas do the Restatements of the Law usually covers?

Back 68

There are Restatements of the Law in the areas of contracts, torts, agency, trusts, property, restitution, security, judgments, and conflict of laws.

Front 69

What importance do the Restatements of the Law have?

Back 69

The Restatements, like other secondary sources of law, do not in themselves have the force of law, but they are an important source of legal analysis and opinion. Hence, judges often rely on them in making decisions.

Front 70

What is Law?

Back 70

Law consists of enforceable rules governing relationships among individuals and between individuals and their society.

Front 71

What may the laws consist of?

Back 71

They may consist of unwritten principles of behavior established by a nomadic tribe. They may be set forth in an old or new law code. They may consist of written laws and court decisions created by modern legislative and judicial bodies, as in US.

Front 72

What can we do to avoid business disputes?

Back 72

Think ahead when starting or running a business or entering a contract. Learn about the laws related to that specific enterprise or transaction. Have some idea of the legal consequences of your business decisions and seek the advice of counsel when in doubt.

Front 73

In which situation does a uniform law become part of a statutory law of a state?

Back 73

Each state has the option of adopting or rejecting a uniform law. A uniform law becomes part of the statutory law of a state only if the state legislature adopts it. A state legislature may adopt all or part of a uniform law as it is written, or it may rewrite the law however the legislature wishes.

Front 74

What kind of business activities do laws affect?

Back 74

Laws and government regulations affect almost all business activities—from hiring and firing decisions to workplace safety, the manufacturing and marketing of products, business financing, and more.

Front 75

How long do officers of independent regulatory agencies serve?

Back 75

These Officers serve for fixed terms and cannot be removed by the president or without just cause. The president’s power is less pronounced in regard to independent agencies.

Front 76

What is the function of a judge?

Back 76

A judge’s function is to interpret laws and apply them.

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Front 78

Why do courts often arrive at different conclusions in same cases?

Back 78

Judges have some flexibility in interpreting and applying the law. It is because of this flexibility that different courts can, and often do, arrive at different conclusions in cases that involve nearly identical issues, facts, and applicable laws.

Front 79

What is the Natural law theory?

Back 79

According to the natural law theory, a higher or universal law exists that applies to all human beings, and written laws should imitate these inherent principles. If a written law is unjust, then it is not a true (natural) law and need not be obeyed.

Front 80

What is meant by the natural law tradition?

Back 80

The natural law tradition is one of the oldest and most significant schools of jurisprudence. It dates back to the days of the Greek philosopher Aristotle, who distinguished between natural law and the laws governing a particular nation. According to Aristotle, natural law applies universally to all humankind.

Front 81

What is meant by positive or national law?

Back 81

Positive or national law is the written law of a given society at a particular time that applies only to the citizens of that nation or society.

Front 82

How would a judge believing in the positive school decide a case?

Back 82

A judge with positivist leanings probably would be more inclined to adhere to an existing law than would a judge who adheres to the natural law tradition.

Front 83

What is the Natural Law School?

Back 83

One of the oldest and most significant schools of legal thought. Those who believe in natural law hold that there is a universal law applicable to all human beings.

Front 84

What is the Positivist School?

Back 84

A school of legal thought centered on the assumption that there is no law higher than the laws created by the government.

Front 85

What is the Historical School?

Back 85

A school of legal thought that stresses the evolutionary nature of law and looks to doctrines that have withstood the passage of time for guidance in shaping present laws.

Front 86

What is Legal Realism?

Back 86

A school of legal thought that advocates a less abstract and more realistic and paramagnetic approach to the law and takes into account customary practices and the circumstances surrounding the particular transaction.

Front 87

What are the classifications of Law?

Back 87

The law may be broken down according to several classification systems. Some classification systems divide law into substantive law and procedural law, federal law and state law, private law and public law, and national law and international law.

Front 88

What is meant by private law and public law?

Back 88

Private law deals with relationships between private entities and public law address the relationship between persons and their governments.

Front 89

What are substantive and procedural laws?

Back 89

Substantive law consists of all laws that define, describe, regulate, and create legal rights and obligations. procedural law consists of all laws that outline the methods of enforcing the rights established by substantive law.

Front 90

What is Civil law?

Back 90

civil law spells out the rights and duties that exist between persons and between persons and their governments, and the relief available when a person’s rights are violated.

Front 91

What is a civil case?

Back 91

In a civil case, a private party sues another private party who has failed to comply with a duty ( the government can also sue a party for a civil law violation).

Front 92

What is Criminal Law?

Back 92

criminal law deals with wrongs committed against the public as a whole. Criminal acts are defined and prohibited by local, state, or federal government statutes.

Front 93

Who prosecutes a criminal defendant?

Back 93

Criminal defendants are prosecuted by public officials, such as a D.A., on behalf of the state, not by their victims or other private parties.

Front 94

What is meant by Cyberlaw?

Back 94

it is an informal term used to refer to both new laws and modifications of traditional laws that relate to the online environment.

Front 95

What is a citation?

Back 95

A citation identifies the publication in which a legal authority—such as a statute or a court decision or other source—can be found.

Front 96

In which publications can we find laws passed by congress and state legislatures?

Back 96

Laws passed by Congress are collected in a publication titled United States Statutes at Large. Laws passed by state legislatures are collected in similar state publications. There are also many other sources of federal and state laws.

Front 97

How does the United States Code arranges federal laws?

Back 97

The United States Code (U.S.C.) arranges all existing federal laws by broad subject. Each of the fifty subjects is given a title and a title number. Titles are subdivided by sections.

Front 98

What is meant by jurisprudence?

Back 98

The study of law is called Jurisprudence, which involves learning about different schools of legal thought and how the approaches to law characteristic of each school can affect judicial decision making.

Front 99

What is the United States Code?

Back 99

It is the official compilation and codification of the general and permanent federal statutes of the United States.

Front 100

What does the citation “15 U.S.C. Section 1” mean?

Back 100

A reference to “15 U.S.C. Section 1” means that the statute can be found in Section 1 of Title 15 of the United States Code. (“Section” may be designated by the symbol §,and “Sections,” by §§.)

Front 101

How can we access the United States Code online?

Back 101

The federal government also provides a searchable online database of the United States Code at www.gpo.gov (click on “Libraries” and then “Core Documents of Our Democracy” to find the U.S.C.).

Front 102

What does the Legal solutions publish related to laws of the US?

Back 102

Legal Solutions from Thomson Reuters publishes the United States Code Annotated (U.S.C.A.).

Front 103

What does the United States Code Annotated contain?

Back 103

The U.S.C.A. contains the official text of the U.S.C., plus notes (annotations) on court decisions that interpret and apply specific sections of the statutes. The U.S.C.A. also includes additional research aids, such as cross-references to related statutes, historical notes, and library references.

Front 104

How many types of courts are there in th US?

Back 104

There are two types of courts in the United States, federal courts and state courts.

Front 105

What are the several levels of federal and state court systems?

Back 105

Both the federal and the state court systems consist of several levels of courts. Trial courts are on the bottom level which also includes lower courts that handle specialized issues. Decisions from a trial court can be appealed to an intermediate court of appeals, or appellate court. Decisions from these appellate courts may be appealed to a state supreme court or the United States Supreme Court.

Front 106

Where are the decisions of state trial courts published?

Back 106

Most state trial court decisions are not published in books. Decisions from state trial courts are typically filed in the office of the clerk of the court, where the decisions are available for public inspection.(Increasingly,they can be found online as well.)

Front 107

Where can we find the written decisions of appellate courts?

Back 107

Written decisions of the appellate courts are published and distributed (in print and online). The reported appellate decisions are published in volumes called reports or reporters, which are numbered consecutively.

Front 108

who publishes the reports of state appellate courts?

Back 108

State appellate court decisions are found in the state reporters of that particular state. Official reports are published by the state, whereas unofficial reports are published by nongovernment entities.

Front 109

Where do state court opinions appear?

Back 109

State court opinions appear in regional units of the National Reporter System, published by West Group (now Thomson Reuters).

Front 110

What is the importance of the regional reporters of National Reporter System?

Back 110

Most lawyers and libraries have these reporters because they report cases more quickly and are distributed more widely than the state-published reporters. Many states have eliminated their own reporters in favor of the National Reporter System.

Front 111

In what geographic areas does the National Reporter System divides the states into?

Back 111

Atlantic (A., A.2d, or A.3d), North Eastern (N.E. or N.E.2d), North Western (N.W. or N.W.2d), Pacific(P.,P.2d, or P.3d), South Eastern (S.E. or S.E.2d), South Western (S.W., S.W.2d, or S.W.3d), and Southern (So., So.2d, or So.3d).

Front 112

What is meant by parallel citation?

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When more than one reporter is cited for the same case, each reference is called a parallel citation.

Front 113

How are appellate decisions cited?

Back 113

After appellate decisions have been published, they are normally cited by the name of the case; the volume, name, and page number of the state’s official reporter, the National Reporter or any other selected reporter.

Front 114

How is a reporter commonly cited?

Back 114

Citing a reporter by volume number, name, and page number, in that order, is common to all citations. The year that the decision was issued is often included at the end in parentheses.

Front 115

How do we read a citation of the U.S.C.A?

Back 115

A citation to the U.S.C.A. is similar to a citation to the U.S.C.: “15 U.S.C.A. Section 1.”

Front 116

How do state codes arrange laws?

Back 116

State codes follow the U.S.C. pattern of arranging law by subject. They may be called codes, revisions, compilations, consolidations, general statutes, or statutes, depending on the preferences of the states. In some codes, subjects are designated by number. In others, they are designated by name.

Front 117

what does the citation “13 Pennsylvania Consolidated Statutes Section 1101” mean?

Back 117

“13 Pennsylvania Consolidated Statutes Section 1101” means that the statute can be found in Title 13, Section 1101, of the Pennsylvania code.

Front 118

what does the “California Commercial Code Section 1101” mean?

Back 118

“California Commercial Code Section 1101” means that the statute can be found under the subject heading “Commercial Code” of the California code in Section 1101.

Front 119

How are citations abbreviated?

Back 119

Abbreviations are often used. “13 Pennsylvania Consolidated Statutes Section 1101” is abbreviated “13 Pa. C. S. § 1101,” and “California Commercial Code Section 1101” is abbreviated “Cal. Com. Code § 1101.”

Front 120

where are the rules and regulations of federal administrative agencies published?

Back 120

Rules and regulations adopted by federal administrative agencies are initially published in the Federal Register, a daily publication of the U.S. government. Later, they are incorporated into the Code of Federal Regulations (C.F.R.).

Front 121

How does the Code of Federal Register arranges the rules and regulations of federal administrative agencies?

Back 121

Like the U.S.C., the C.F.R. is divided into fifty titles. Rules within each title are assigned section numbers. A full citation to the C.F.R. includes title and section numbers.

Front 122

What does the citation “17 C.F.R. Section 230.504” mean?

Back 122

A reference to “17 C.F.R. Section 230.504” means that the rule can be found in Section 230.504 of Title 17.

Front 123

What is a public domain citation system?

Back 123

Under the public domain citation system, each successive decision of a particular court of law or even administrative tribunal, is assigned a number, issued sequentially.

Front 124

What does Cal.Rptr. mean?

Back 124

Cal.Rptr. is the abbreviation for the unofficial reports—titled California Reporter—of the decisions of California courts.

Front 125

What does N.Y.S mean?

Back 125

N.Y.S. is the abbreviation for the unofficial reports—titled New York Supplement—of the decisions of New York courts.

Front 126

What does A.D. mean?

Back 126

A.D. is the abbreviation for Appellate Division, which hears appeals from the New York Supreme Court—the state’s general trial court. The New York Court of Appeals is the state’s highest court, analogous to other states’ supreme courts.

Front 127

What does Ga.App. mean?

Back 127

Ga.App. is the abbreviation for Georgia Appeals Reports, Georgia’s official reports of the decisions of its court of appeals.

Front 128

What is L.Ed. ?

Back 128

L.Ed. is an abbreviation for Lawyers’ Edition of the Supreme Court Reports, an unofficial edition of decisions of the United States Supreme Court.

Front 129

What is S.Ct. ?

Back 129

S.Ct. is the abbreviation for Thomson Reuters’s unofficial reports—titled Supreme Court Reporter—of decisions of the United States Supreme Court.

Front 130

What does the citation _U.S._ mean?

Back 130

U.S. is the abbreviation for United States Reports, the official edition of the decisions of the United States Supreme Court. The blank lines in this citation (or any other citation) indicate that the appropriate volume of the case reporter has not yet been published and no page number is available.

Front 131

What does 8th Cir. in 705 F.3d 315 (8th Cir. 2013) mean?

Back 131

8th Cir. is an abbreviation denoting that this case was decided in the U.S. Court of Appeals for the Eighth Circuit.

Front 132

What is Eng.Rep.?

Back 132

Eng.Rep. is an abbreviation for English Reports, Full Reprint, a series of reports containing selected decisions made in English courts between 1378 and 1865.

Front 133

What does Exch. mean?

Back 133

Exch. is an abbreviation for English Exchequer Reports, which includes the original reports of cases decided in England’s Court of Exchequer.

Front 134

What does the citation "2013 WI 40,” mean?

Back 134

It means that the case was decided in the year 2013 by the Wisconsin Supreme Court and was the fortieth decision issued by that court during that year.

Front 135

Consider the following case citation: Colbert v. Carr, 140 Conn. App. 229, 57 A.3d. 878 (2013). What does this citation mean?

Back 135

We see that the opinion in this case can be found in Volume 140 of the official Connecticut Appellate Court Reports, on page 229. The parallel citation is to Volume 57 of the Atlantic Reporter, Third Series, page 878.

Front 136

Where are the federal district court decisions published unofficially?

Back 136

Federal district (trial) court decisions are published unofficially in the Federal Supplement (F.Supp. or F.Supp.2d).

Front 137

Where are the circuit courts of appeals opinions published unofficially?

Back 137

opinions from the circuit courts of appeals (reviewing courts) are reported unofficially in the Federal Reporter (F., F.2d, or F.3d).

Front 138

Where are the cases concerning bankruptcy law published unofficially?

Back 138

Cases concerning federal bankruptcy law are published unofficially in the Bankruptcy Reporter (Bankr. or B.R.).

Front 139

Where are the US Supreme Court Decisions published?

Back 139

The official edition of the United States Supreme Court decisions is the United States Reports (U.S.), which is published by the federal government. Unofficial editions of Supreme Court cases include the Supreme Court Reporter (S.Ct.) and the Lawyers’ Edition of the Supreme Court Reports (L.Ed. or L.Ed.2d).

Front 140

Where do we get the unpublished court opinion?

Back 140

Many court opinions that are not yet published or that are not intended for publication can be accessed through Westlaw® (abbreviated in citations as “WL”).

Front 141

Why is it that the citations to cases of nineteenth century or earlier may not conform to the descriptions of the citations of cases published today?

Back 141

Some of these are from the English courts. The citations to these cases may not conform to the descriptions of the citations of other cases because the reporters in which they were originally published were often known by the names of the persons who compiled the reporters.

Front 142

What is Westlaw® ?

Back 142

Westlaw® is an online legal database maintained by Thomson Reuters (formerly West Group).

Front 143

What does Neb. mean in 285 Neb. 88?

Back 143

Neb. is an abbreviation for Nebraska Reports, Nebraska’s official reports of the decisions of its highest court, the Nebraska Supreme Court.

Front 144

What does 18 U.S.C. Section 1961(1)(A) mean?

Back 144

The statute can be found in United States Code(the codification of United States Statutes at Large), Title no.18, Section 1961, 1st subsection, A subsection within the subsection.

Front 145

What does the citation UCC 2–206(1)(b) mean?

Back 145

The statute can be found in Uniform Commercial Code, 2nd article, section 206, subsection 1 within the section, subsection b within the subsection .

Front 146

What does Restatement (Third) of Torts, Section 6 mean?

Back 146

Restatement (Third) of Torts refers to the third edition of the American Law Institute’s Restatement of the Law of Torts. The number 6 refers to a specific section.

Front 147

What does 17 C.F.R. Section 230.505 mean?

Back 147

C.F.R. is an abbreviation for Code of Federal Regulations, a compilation of federal administrative regulations. The number 17 designates the regulation’s title number, and 230.505 designates a specific section within that title.

Front 148

What does 2013 WL 285688 mean?

Back 148

Front 149

what does ".com" in a url mean?

Back 149

Front 150

what does "westlaw" in the url web2.westlaw.com mean ?

Back 150

Front 151

what does "web2" in web2.westlaw.con mean?

Back 151

Front 152

what is http://www.uscourts.gov?

Back 152

Front 153

what does "www" in a url mean?

Back 153

Front 154

what does "/index.html" in "http://www.law.cornell.edu/index.html" mean?

Back 154

Front 155

what does "ipl" mean in "www.ipl.org/div/news"?

Back 155

Front 156

The title of a case, such as Adams v. Jones, indicate?

Back 156

The title of a case indicates the names of the parties to the lawsuit. The v. in the case title stands for versus, which means “against”. In the trial court, Adams was the plaintiff—the person who filed the suit. Jones was the defendant.

Front 157

which countries do the South Western Reporter cover?

Back 157

Arkansas, Kentucky, Missouri, Tennessee, and Texas since 1886.

Front 158

How would the title be changed if the trial court case Adam v. Jones is appealed to an appellate court by Jones?

Back 158

If the case is appealed, the appellate court will sometimes place the name of the party appealing the decision first, so the case may be called Jones v. Adams if Jones is appealing.

Front 159

what is meant by "to allege"?

Back 159

To allege is to assert to be true as described.

Front 160

what is The Lanham Act?

Back 160

The Lanham Act is a federal statute enacted in 1946 that protects the owner of a trademark against the use of a similar mark if any consumer confusion might result.

Front 161

Why is it sometimes difficult to distinguish the plaintiff from the defendant in discussion by the< appellate courts?

Back 161

Because some appellate courts retain the trial court order of names, it is often impossible to distinguish the plaintiff from the defendant in reports. You must carefully read the facts of each case to identify the parties. Otherwise, the discussion by the appellate court may be difficult to understand.

Front 162

Why is it sometimes difficult to distinguish the plaintiff from the defendant in discussion by the< appellate courts?

Back 162

Because some appellate courts retain the trial court order of names, it is often impossible to distinguish the plaintiff from the defendant in reports. You must carefully read the facts of each case to identify the parties. Otherwise, the discussion by the appellate court may be difficult to understand.

Front 163

what is a summary judgement?

Back 163

A summary judgment is a judgment that a court enters without beginning or continuing a trial. This judgment can be entered only if no facts are in dispute and the only question is how the law applies to the facts.

Front 164

which contries does the Southern Reporter cover and since when?

Back 164

Alabama, Florida, Louisiana, and Mississippi since 1887.

Front 165

What does "to grant" mean?

Back 165

To grant is to approve, warrant, or order a motion or some other request.

Front 166

What are the parties in a trial case called?

Back 166

As mentioned previously, the party initiating a lawsuit is referred to as the plaintiff , depending on the nature of the action. The party against whom a lawsuit is brought is the defendant. Lawsuits frequently involve more than one plaintiff and/or defendant.

Front 167

what does an equivalence mean?

Back 167

An equivalence is a characteristic or quality corresponding in effect or function, or nearly equal or virtually identical, to another.

Front 168

what does Sufficient evidence mean?

Back 168

Sufficient evidence is evidence that is sufficient to satisfy an unprejudiced mind seeking the truth.

Front 169

what is a triable issue?

Back 169

A triable issue is an issue that is subject to judicial examination and trial.

Front 170

What are the parties in appellate court cases called?

Back 170

When a case is appealed from the original court or jurisdiction to another court or jurisdiction, the party appealing the case is called the appellant. The appellee is the party against whom the appeal is taken.

Front 171

Who is a petitioner and a respondent?

Back 171

In some appellate courts, the party appealing a case is referred to as the petitioner, and the party against whom the suit is brought or appealed is called the respondent.

Front 172

what does attribute mean in the Apple v. Amazon case?

Back 172

In this context, attribute refers to the elements or properties of the App Store that are closely associated with Apple.

Front 173

What is meant by judges and justices?

Back 173

The terms judge and justice are usually synonymous and represent two designations given to judges in various courts.

Front 174

what does seamlessly integrated mean?

Back 174

Here, seamlessly integrated means coordinated to operate without any awkward transitions or interruptions.

Front 175

What are the members of the US Supreme Court and appellate courts called?

Back 175

All members of the United States Supreme Court are referred to as justices, and justice is the formal title often given to judges of appellate courts, although this is not always the case.

Front 176

what is meant by showing?

Back 176

Showing is the act of establishing through evidence and argument

Front 177

What are the members of New York's supreme court and court of appeals called?

Back 177

In New York, a justice is a judge of the trial court (called the Supreme Court), and a member of the Court of Appeals (the state’s highest court) is called a judge.

Front 178

What are the three major sections of a court opinion?

Back 178

The court divides the opinion into three sections, each headed by an explanatory heading. These sections are Background, Discussion and Conclusion.

Front 179

How is the term justice abbreviated?

Back 179

The term justice is commonly abbreviated to J., and justices, to JJ. A United States Supreme Court case might refer to Justice Sotomayor as Sotomayor,J., or to Chief Justice Roberts as Roberts,C.J.

Front 180

What are written opinions of appellate courts?

Back 180

Most decisions reached by reviewing, or appellate, courts are explained in written opinions. The opinion contains the court’s reasons for its decision, the rules of law that apply, and the judgment. You may encounter several types of opinions as you read appellate cases.

Front 181

What is an unanimous opinion?

Back 181

When all the judges(or justices) agree, an unanimous opinion is written for the entire court.

Front 182

What is what is a majority opinion?

Back 182

When there is not unanimous agreement, a majority opinion is generally written. It outlines the views of the majority of the judges deciding the case.

Front 183

what is a concurring opinion?

Back 183

A judge who agrees(concurs) with the majority opinion as to the result but not as to the legal reasoning often writes a concurring opinion. In it, the judge sets out the reasoning that he or she considers correct.

Front 184

What does the background section of a court opinion contain?

Back 184

The first section summarizes the factual background of the case.

Front 185

what is a dissenting opinion?

Back 185

A dissenting opinion presents the views of one or more judges who disagree with the majority view.

Front 186

What does the discussion section of a court opinion contain?

Back 186

The second major section of the opinion responds to the defendant’s motion.

Front 187

what does the conclusion section of a court opinion contain?

Back 187

In the third major section of the opinion, the court states its decision.

Front 188

what is a plurality opinion?

Back 188

Sometimes, no single position is fully supported by a majority of the judges deciding a case. In this situation, we may have a plurality opinion. This is the opinion that has the support of the largest number of judges, but the group in agreement is less than a majority.

Front 189

what is a per curium opinion?

Back 189

Finally, a court occasionally issues a per curiam opinion (per curiam is Latin for “of the court”), which does not indicate which judge wrote the opinion.

Front 190

how do legal researchers brief cases?

Back 190

Legal researchers routinely brief cases by reducing the texts of the opinions to their essential elements.

Front 191

Which cities does the Atlantic Reporter cover and since when?

Back 191

Connecticut, Delaware, District of Columbia, Maine, Maryland, New Hampshire, New Jersey, Pennsylvania, Rhode Island, and Vermont since 1885.

Front 192

what does the Latin phrase "stare decisis" mean?

Back 192

“to stand on decided cases”.

Front 193

which countries does the South Eastern Reporter cover and since when?

Back 193

Georgia, North Carolina, South Carolina, Virginia, and West Virginia since 1887.

Front 194

How many federal reporters are there in the national reporter system?

Back 194

Federal Reporter (F., F.2d, or F.3d), Federal Supplement (F.Supp. or F.Supp.2d), Federal Rules Decisions (F.R.D.), Supreme Court Reporter (S.Ct.), Bankruptcy Reporter (Bankr.) and Military Justice Reporter (M.J.).

Front 195

U.S. Circuit Courts decisions of which years are covered in the Federal Reporter?

Back 195

from 1880 to 1912.

Front 196

U.S. Commerce Court decisions of which years are covered in the Federal Reporter?

Back 196

from 1911 to 1913.

Front 197

U.S. District Courts decisions of which year are covered in the Federal Reporter?

Back 197

from 1880 to 1932.

Front 198

U.S. Court of Claims (now called U.S. Court of Federal Claims) decisions of which year are covered in the Federal reporter?

Back 198

from 1929 to 1932 and since 1960.

Front 199

since when does the federal reporter cover the U.S. Courts of Appeals?

Back 199

since 1891.

Front 200

since when does the federal reporter cover the U.S. Court of Customs and Patent Appeals?

Back 200

since 1929.

Front 201

what is the procedural difference b/w action at law and action in equity?

Back 201

Front 202

t

Back 202

t

Front 203

which law does a federal court apply when a case involves diversity of citizenship?

Back 203

In a case based on diversity of citizenship, a federal court will apply the relevant state law (which is often the law of the state in which the court sits).

Front 204

what is meant by exlcusive jurisdiction?

Back 204

When cases can be tried only in federal courts or only in state courts, exclusive jurisdiction exists.

Front 205

what is meant by concurrent jurisdiction?

Back 205

When both federal and state courts have the power to hear a case, as is true in suits involving diversity of citizenship, concurrent jurisdiction exists. When concurrent jurisdiction exists, a party may choose to bring a suit in either a federal court or a state court.

Front 206

what is the exclusive and concurrent jurisdiction of the federal and states courts?

Back 206

Front 207

what kind of factors can affect a party’s decision to litigate in a federal versus a state court?

Back 207

Examples include the availability of different remedies, the distance to the respective courthouses, or the experience or reputation of a particular judge.

Front 208

what is the general cyberspace jurisdiction requirement?

Back 208

The Internet’s capacity to bypass political and geographic boundaries undercuts the traditional basis on which courts assert personal jurisdiction. This basis includes a party’s contacts with a court’s geographic jurisdiction.

Front 209

what is the sliding-scale standard?

Back 209

The courts have developed a “sliding-scale” standard to determine when they can exercise personal jurisdiction over an out-of-state defendant based on the defendant’s Web activities. The sliding-scale standard identifies three types of Internet business contacts and outlines three rules for jurisdiction.

Front 210

what is the first rule of jurisdiction in the sliding-scale standard?

Back 210

When the defendant conducts substantial business over the Internet (such as contracts and sales), jurisdiction is proper.

Front 211

what is the second rule of jurisdiction in the sliding-scale standard?

Back 211

When there is some interactivity through a Web site, jurisdiction may be proper, depending on the circumstances. Even a single contact can satisfy the minimum-contacts requirement in certain situations.

Front 212

what is the three rule of jurisdiction in the sliding-scale standard?

Back 212

When a defendant merely engages in passive advertising on the Web, jurisdiction is never proper.

Front 213

when is an internet communication considered passive and active?

Back 213

An Internet communication is typically considered passive if people have to voluntarily access it to read the message and active if it is sent to specific individuals.

Front 214

does a single sale on eBay confer jurisdiction?

Back 214

a single sale on eBay does not necessarily confer jurisdiction. Jurisdiction depends on whether the seller regularly uses eBay as a means for doing business with remote buyers.

Front 215

what are the basic judicial requirements?

Back 215

These requirements relate to jurisdiction, venue, and standing to sue.

Front 216

what is the meaning of the word jurisdiction?

Back 216

In Latin, juris means “law,” and diction means “to speak.” Thus, “the power to speak the law” is the literal meaning of the term jurisdiction.

Front 217

what are the views of most courts towards minimum contacts in cyberspace cases?

Back 217

Most courts are indicating that minimum contacts—doing business within the jurisdiction, for example—are enough to compel a defendant to appear and that a physical presence in the country is not necessary. The effect of this standard is that a business firm has to comply with the laws in any jurisdiction in which it targets customers for its products.

Front 218

what is the general jurisdiction requirement for the courts to hear a case?

Back 218

Before any court can hear a case, it must have jurisdiction over the person (or company) against whom the suit is brought (the defendant) or over the property involved in the suit. The court must also have jurisdiction over the subject matter of the dispute.

Front 219

what is the general jurisdiction requirement for the courts to hear a case?

Back 219

Before any court can hear a case, it must have jurisdiction over the person (or company) against whom the suit is brought (the defendant) or over the property involved in the suit. The court must also have jurisdiction over the subject matter of the dispute.

Front 220

what is meant by venue?

Back 220

venue is concerned with the most appropriate location for a trial. For instance, two state courts (or two federal courts) may have the authority to exercise jurisdiction over a case. Nonetheless, it may be more appropriate or convenient to hear the case in one court than in the other.

Front 221

what is meant by in personam jurisdiction

Back 221

Generally, a particular court can exercise in personam jurisdiction (personal jurisdiction) over any person or business that resides in a certain geographic area.

Front 222

what is meant by in rem jurisdiction?

Back 222

A court can also exercise jurisdiction over property that is located within its boundaries. This kind of jurisdiction is known as in rem jurisdiction, or “jurisdiction over the thing.”

Front 223

what is the policy reflected by the concept of venue?

Back 223

The concept of venue reflects the policy that a court trying a case should be in the geographic neighborhood (usually the county) where the incident occurred or where the parties reside.

Front 224

A dispute arises over the ownership of a boat in dry dock in Fort Lauderdale, Florida. The boat is owned by an Ohio resident. The other party to the dispute is a resident of Nebraska. what would happen in this situation?

Back 224

In this situation, a lawsuit concerning the boat could be brought in a Florida state court on the basis of the court’s in rem Jurisdiction.

Front 225

what typically are the the venues for criminal and civil cases?

Back 225

Venue in a civil case typically is where the defendant resides, whereas venue in a criminal case normally is where the crime occurred.

Front 226

what factors may require the change of venue?

Back 226

Pretrial publicity or other factors, though, may require a change of venue to another community, especially in criminal cases in which the defendant’s right to a fair and impartial jury has been impaired.

Front 227

why has venue lost some significance in today’s world?

Back 227

It is because of the Internet and 24/7 news reporting. Courts now rarely grant requests for a change of venue. Because everyone has instant access to all information about a purported crime, courts reason that no community is more or less informed or prejudiced for or against a defendant.

Front 228

what is a state long arm statute and what is meant by minimum contact?

Back 228

Under the authority of a state long arm statute, a court can exercise personal jurisdiction over certain out-of-state defendants based on activities that took place within the state. Before a court can exercise jurisdiction, though, it must be demonstrated that the defendant had sufficient contacts, or minimum contacts, with the state to justify the jurisdiction.

Front 229

what is the minimum-contacts requirement?

Back 229

Generally, the minimum-contacts requirement means that the defendant must have sufficient connection to the state for the judge to conclude that it is fair for the state to exercise power over the defendant.

Front 230

what is meant by standing to sue?

Back 230

Before a party can bring a lawsuit to court, that party must have standing to sue, or a sufficient stake in a matter to justify seeking relief through the court system.

Front 231

what does standing mean in the requirement "standing to sue"?

Back 231

Standing means that the party that filed the action in court has a legally protected interest at stake in the litigation. At times, a person can have standing to sue on behalf of another person, such as a minor (child) or a mentally incompetent person.

Front 232

why do courts use the same principle as for persons to determine whether it is fair to exercise jurisdiction over a corporation?

Back 232

Because corporations are considered legal persons, courts use the same principles to determine whether it is fair to exercise jurisdiction over a corporation.

Front 233

what are the elements of the requirement "standing to sue"?

Back 233

Standing can be broken down into three elements:

1. Harm.

2. Causation.

3. Remedy.

Front 234

when is a corporation subject to personal jurisdiction?

Back 234

A corporation normally is subject to personal jurisdiction in the state in which it is incorporated, has its principal office, and/or is doing business. Courts apply the minimum-contacts test to determine if they can exercise jurisdiction over out-of-state corporations.

Front 235

what does the element "Harm" in standing to sue require?

Back 235

The party bringing the action must have suffered or will imminently suffer harm—an invasion of a legally protected interest. The controversy must be real and substantial rather than hypothetical.

Front 236

what does the element "Causation" in standing to sue require?

Back 236

There must be a causal connection between the conduct complained of and the injury.

Front 237

what does the element "remedy" in standing to sue require?

Back 237

It must be likely, as opposed to merely speculative, that a favorable court decision will remedy, or make up for, the injury suffered.

Front 238

when is a minimum-contacts requirement for jurisdiction over a corporation usually met?

Back 238

The minimum-contacts requirement is usually met if the corporation advertises or sells its products within the state, or places its goods into the “stream of commerce” with the intent that the goods be sold in the state.

Front 239

A business is incorporated under the laws of Maine but has a branch office and manufacturing plant in Georgia. The corporation also advertises and sells its products in Georgia. Can a georgia court exercise personal jurisdiction over this corporation?

Back 239

These activities would likely constitute sufficient contacts with the state of Georgia to allow a Georgia court to exercise jurisdiction over the corporation.

Front 240

what is meant by subject matter jurisdiction?

Back 240

Subject matter jurisdiction refers to the limitations on the types of cases a court can hear. Certain courts are empowered to hear certain kinds of disputes.

Front 241

what is meant by general and limited jurisdiction?

Back 241

A court of general jurisdiction can decide cases involving a broad array of issues whereas a court of general jurisdiction decides cases involving limited type of issues.

Front 242

what are probate courts?

Back 242

Probate courts are state courts that handle only the disposition of a person’s assets and obligations after that person’s death, including issues relating to the custody and guardianship of children.

Front 243

what are bankruptcy courts?

Back 243

Bankruptcy courts handle only bankruptcy proceedings, which are governed by federal bankruptcy law.

Front 244

how are the state and federal court systems structured?

Back 244

Although no two state court systems are exactly the same, the right-hand side of picture illustrates the basic organizational framework characteristic of the court systems in many states. The exhibit also shows how the federal court system is structured.

Front 245

where is a court's jurisdiction over subject matter defined?

Back 245

A court’s jurisdiction over subject matter is usually defined in the statute or constitution that created the court.

Front 246

how can a court’s subject-matter jurisdiction be limited in both the federal and the state court systems?

Back 246

a court’s subject-matter jurisdiction can be limited by any of the following: 1. The subject of the lawsuit.

2. The sum in controversy

3. Whether the case involves a felony (a more serious type of crime) or a misdemeanor (a less serious type of crime).

4. Whether the proceeding is a trial or an appeal.

Front 247

what are the several levels of state court systems?

Back 247

Typically, a state court system includes several levels, or tiers, of courts. State courts may include (1) trial courts of limited jurisdiction, (2) trial courts of general jurisdiction, (3) appellate courts (intermediate appellate courts), and (4) the state’s highest court (often called the state supreme court).

Front 248

what is the main difference b/w courts of original jurisdiction and appellate jurisdiction?

Back 248

Courts having original jurisdiction are courts of the first instance, or trial courts. any court having original jurisdiction normally serves as a trial court. Courts having appellate jurisdiction act as reviewing, or appellate, courts.

Front 249

how may a case go to a higher level of court systems?

Back 249

Generally, any person who is a party to a lawsuit has the opportunity to plead the case before a trial court and then, if he or she loses, before at least one level of appellate court. Finally, if the case involves a federal statute or federal constitutional issue, the decision of a state supreme court on that issue may be further appealed to the United States Supreme Court.

Front 250

how can a case be brought before an appellate court?

Back 250

In general, cases can be brought before appellate courts only on appeal from an order or a judgment of a trial court or other lower courts.

Front 251

how are state judges appointed?

Back 251

The states use various methods to select judges for their courts. Usually, voters elect judges, but in some states judges are appointed. The states usually specify the number of years that judges will serve.

Front 252

how are judges appointed in Iowa?

Back 252

In Iowa, the governor appoints judges, and then the general population decides whether to confirm their appointment in the next general election. The state usually specify the number of years that judges will serve.

Front 253

why is the jurisdiction of federal courts limited?

Back 253

Because the federal government is a government of limited powers.

Front 254

how are federal judges appointed?

Back 254

judges in the federal court system are appointed by the president of the United States and, if they are confirmed by the Senate, hold office for life—unless they engage in blatantly illegal conduct.

Front 255

in which situations do the federal courts have jurisdiction?

Back 255

Federal courts have subject-matter jurisdiction in two situations: when a federal question is involved and when there is diversity of citizenship.

Front 256

What are state courts of general jurisdiction?

Back 256

State trial courts of general jurisdiction have jurisdiction over a wide variety of subjects, including both civil disputes and criminal prosecutions. In some states, trial courts of general jurisdiction may hear appeals from courts of limited jurisdiction.

Front 257

what does Section 2 of Article III of the US Constitution states?

Back 257

“the judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority.”

Front 258

what is the section 2 of Article III of the US constitution about?

Back 258

It establishes the boundaries of federal judicial power.

Front 259

What does the section 2 of article three of the US constitution mean?

Back 259

whenever a plaintiff’s cause of action is based, at least in part, on the U.S. Constitution, a treaty, or a federal law, a federal question arises. If a case involves a federal question, the case comes under the judicial power of the federal courts. In a case based on a federal question, a federal court will apply federal law.

Front 260

what is the most common type of diversity jurisdiction requirement for federal courts?

Back 260

The most common type of diversity jurisdiction requires both of the following:

1. The plaintiff and defendant must be residents of different states.

2. The dollar amount in controversy must exceed $75,000.

Diversity jurisdiction also exists in cases between (1) a foreign country and citizens of a state or of different states and (2) citizens of a state and citizens or subjects of a foreign country.

Front 261

what is the citizenship of a corporation for diversity jurisdiction purposes?

Back 261

For purposes of diversity jurisdiction, a corporation is a citizen of both the state in which it is incorporated and the state in which its principal place of business is located.

Front 262

where can a case involving diversity of citizenship be brought?

Back 262

A case involving diversity of citizenship can be filed in the appropriate federal district court. If the case starts in a state court, it can sometimes be transferred, or “removed,” to a federal court.

Front 263

what are the two parties in appellate courts called?

Back 263

party appealing the case : appellant/petitioner

party against whom the appeal is requested : appellee/ respondent

Front 264

what are the judges of IS Supreme Court called?

Back 264

Justices

Front 265

what terms are used for judges in trial courts appeals court of NY?

Back 265

In New York, a justice is a judge of the trial court (called the Supreme Court), and a member of the Court of Appeals (the state’s highest court) is called a judge.

Front 266

what is the abbreviation used for the term justice?

Back 266

The term justice is commonly abbreviated to J., and justices, to JJ. A United States Supreme Court case might refer to Justice Sotomayor as Sotomayor,J.,or to Chief Justice Roberts as Roberts,CJ.

Front 267

what does an opinion of a court contain?

Back 267

Most decisions reached by reviewing, or appellate, courts are explained in written opinions. The opinion contains the court’s reasons for its decision, the rules of law that apply, and the judgment.

Front 268

what is an unanimous opinion of a court?

Back 268

When all the judges(or justices) agree, a unanimous opinion is written for the entire court.

Front 269

what is an majority opinion of a court?

Back 269

When there is not unanimous agreement, a majority opinion is generally written. It outlines the views of the majority of the judges deciding the case.

Front 270

what is a concurring opinion?

Back 270

A judge who agrees(concurs) with the majority opinion as to the result but not as to the legal reasoning often writes a concurring opinion. In it, the judge sets out the reasoning that he or she considers correct.

Front 271

what is a dissenting opinion?

Back 271

A dissenting opinion presents the views of one or more judges who disagree with the majority view.

Front 272

what is a plurality opinion?

Back 272

Sometimes, no single position is fully supported by a majority of the judges deciding a case. In this situation, we may have a plurality opinion. This is the opinion that has the support of the largest number of judges, but the group in agreement is less than a majority.

Front 273

what is a per curiam opinion?

Back 273

A court occasionally issues a per curiam opinion (per curiam is Latin for “of the court”), which does not indicate which judge wrote the opinion.

Front 274

what does the triple and quadruple asterisks in an annotated court opinion mean?

Back 274

The triple asterisks indicate that we have deleted a few words or sentences from the opinion for the sake of readability or brevity. Quadruple asterisks mean that an entire paragraph (or more) has been omitted.

Front 275

how do we brief a case?

Back 275

Generally, when you brief a case, you first summarize the background and facts of the case. You then indicate the issue (or issues) before the court. An important element in the case brief is, of course, the court’s decision on the issue and the legal reasoning used by the court in reaching that decision.

Front 276

how do legal researchers brief a case?

Back 276

Legal researchers routinely brief cases by reducing the texts of the opinions to their essential elements.

Front 277

After World War II, several Nazis were convicted of “crimes against humanity” by an international court. Assuming that these convicted war criminals had not disobeyed any law of their country and had merely been following their government’s orders, what law had they violated? Explain.

Back 277

The fact that the “positivist law” of Germany at the time required them to commit these acts is irrelevant. Under natural law theory, the international court was justified in finding the defendants guilty of crimes against humanity.

Front 278

Under what circumstances might a judge rely on case law to determine the intent and purpose of a statute?

Back 278

Case law includes courts’ interpretations of statutes, as well as constitutional provisions and administrative rules. Statutes often codify common law rules. For these reasons, a judge might rely on the common law as a guide to the intent and purpose of a statute.

Front 279

Assume that you want to read the entire court opinion in the case of United States v. Yi, 704 F.3d 800 (9th Cir. 2013). Explain specifically where you would find the court’s opinion.

Back 279

The court’s opinion in this case can be found in volume 704 of West’s Federal Reporter, Third Series, on page 800. The United States Court of Appeals for the Ninth Circuit issued this opinion in 2013.

Front 280

how many court systems are there in the US?

Back 280

The United States has fifty-two court systems—one for each of the fifty states, one for the District of Columbia, and a federal system.

Front 281

Are federal courts superior to states courts?

Back 281

the federal courts are not superior to the state courts. They are simply an independent system of courts, which derives its authority from Article III, Section 2, of the U.S. Constitution.

Front 282

p

Back 282

By the power given to it under the U.S. Constitution, Congress has extended the federal court system to U.S. territories such as Guam, Puerto Rico, and the Virgin Islands.

Front 283

on which level do the territorial courts of guam, the virgin islands and puerto rico serve?

Back 283

In Guam and the Virgin Islands, territorial courts serve as both federal courts and state courts. In Puerto Rico, they serve only as federal courts.

Front 284

what importance does the US supreme court has among the other court systems?

Back 284

The United States Supreme Court is the final controlling voice over all of the fifty-two court systems, at least when questions of federal law are involved.

Front 285

what is the essential role of the judiciary in the American governmental system?

Back 285

The essential role of the judiciary—the courts— in the American governmental system is to interpret the laws and apply them to specific situations.

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What is judicial review?

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When discussing the judiciary’s role in American government, the term judicial review refers to the power of the judiciary to decide whether the actions of the other two branches of government violate the U.S. Constitution.

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when was the power of judicial review established?

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The power of judicial review is not mentioned in the U.S. Constitution. The United States Supreme Court explicitly established this power in 1803 in the case Marbury v. Madison.

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what are courts of limited jurisdiction?

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Courts of limited jurisdiction as to subject matter are generally inferior trial courts or minor judiciary courts.

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what are Islamic law courts?

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A few states have also established Islamic law courts, which are courts of limited jurisdiction that serve the American Muslim community.

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what is sharia?

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These courts decide cases with reference to the sharia, a system of law used in most Islamic countries that is derived from the Qur’an and the sayings and doings of Muhammad and his followers.

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what does an appellate court do?

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in an appellate court panel of three or more judges reviews the record of the case on appeal, which includes a transcript of the trial proceedings. The appellate court hears arguments from attorneys and determines whether the trial court committed an error.

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what is a question of fact?

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A question of fact deals with what really happened in regard to the dispute being tried—such as whether a party actually burned a flag.

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what is a question of law?

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A question of law concerns the application or interpretation of the law—such as whether flag-burning is a form of speech protected by the First Amendment to the U.S. Constitution. Only a judge, not a jury, can rule on questions of law.

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what are the three levels of federal court systems?

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(1) U.S. district courts (trial courts of general jurisdiction) and various courts of limited jurisdiction,

(2) U.S. courts of appeals (intermediate courts of appeals), and

(3) the United States Supreme Court.

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how are federal court judges appointed?

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federal court judges—including the justices of the Supreme Court—are appointed by the president of the United States, subject to confirmation by the U.S. Senate.

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what is the jurisdiction of district courts?

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they have original jurisdiction in matters involving a federal question and concurrent jurisdiction with state courts when diversity jurisdiction exists. Federal cases typically originate in district courts.

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what factors can constitute the change in judicial districts?

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The number of judicial districts can vary over time, primarily owing to population changes and corresponding changes in caseloads. Today there are ninety-four federal judicial districts

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what is the jurisdiction of Circuit Court of Appeals for the thirteenth circuit?

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The Court of Appeals for the Thirteenth Circuit, called the Federal Circuit, has national appellate jurisdiction over certain types of cases, such as those involving patent law and those in which the U.S. government is a defendant.

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what are some inferior courts created by congress?

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Congress is empowered to create inferior courts as it deems necessary. The inferior courts that Congress has created include the second tier in our model—the U.S. circuit courts of appeals—as well as the district courts and the various federal courts of limited, or specialized, jurisdiction.

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what is the original jurisdiction of supreme court of US?

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Although the Supreme Court has original, or trial, jurisdiction in rare instances (set forth in Article III, Sections 1 and 2), most of its work is as an appeals court.

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what kind of cases may the US Supreme Court review?

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The Supreme Court can review any case decided by any of the federal courts of appeals. It also has appellate authority over cases involving federal questions that have been decided in the state courts. The Supreme Court is the final authority on the Constitution and federal law.

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what may a party do to bring a case before the US Supreme Court?

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To bring a case before the Supreme Court, a party requests the Court to issue a writ of certiorari.

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what is a writ of certiorari?

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A writ of certiorari is an order issued by the Supreme Court to a lower court requiring the latter to send it the record of the case for review.

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what is a rule of four?

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The Court will not issue a writ unless at least four of the nine justices approve of it. This is called the rule of four.

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when may the US Supreme Court issue a writ of certiorari?

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Whether the Court will issue a writ of certiorari is entirely within its discretion, and most petitions for writs are denied.

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what does a US Supreme Court's denial to issue writ of certiorari mean?

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A denial of the request to issue a writ of certiorari is not a decision on the merits of the case, nor does it indicate agreement with the lower court’s opinion. Also, denial of the writ has no value as a precedent. Denial simply means that the lower court’s decision remains the law in that jurisdiction.

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why is it difficult to predict which type of case the US Supreme Court might select?

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The justices never explain their reasons for hearing certain cases and not others, so it is difficult to predict which type of case the Court might select.