Business Law Exam 1 Study Guide
Business Law Exam 1 Study Guide 30630 BL 24113 01
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30630 BL 24113 01
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This 12 page Bundle was uploaded by Sabrina Turner on Monday September 12, 2016. The Bundle belongs to 30630 BL 24113 01 at Mississippi State University taught by Cecelia Cook in Fall 2016. Since its upload, it has received 205 views. For similar materials see Legal Environment of Business in Business Law at Mississippi State University.
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Date Created: 09/12/16
What are the 3 functions of law? 1 law defines rights, duties, privileges allow citizens to know right/wrong behavior and how it is defined by law to provide stability and predictability in our society What is our definition of law? 2 Law is an enforceable body of rules governing the relationship b/w individuals and the relationship between individuals and society (government) Laws and regulations affect almost all of what? 3 business activities 4 sources of law 4 constitutional law statutory law administrative law common law 5 What is the Supreme Law of the Land? 6 US Constitution Where does the “supreme law of the land” statement come from? 7 article 4 claus 6 what is statutory law? 8 laws enacted by legislative bodies what levels of government are statutory laws found in? 9 all three levels of government what is administrative law? 10 regulations promulgated by administrative agencies what levels of government are administrative laws found on? 11 all three levels of government what is common law? 12 judge-made law Explain our common law heritage 13 comes from William the conquerer created the King’s courts in england. common law is what was used in the courts. how did Courts of law solve problems? 14 3 remedies what are the three remedies 15 land items of value money what do courts of equity handle? 16 justice and fair dealing what is the doctrine of stare decisis 17 “to follow the decision” judgements in courts follow a precedent set by previous cases what are the classifications of law? 18 substantive law procedural law what are the three stages of litigation? 19 pretrial trial post trial what are the three stages of pretrial litigation? 20 pleadings discovery pretrial conference what are the three pleadings? 21 complaint or petition service of process defendant’s answer what is the purpose of the complaint or petition? 22 to tell the court who the plaintiff is and what the law suit is about, who the defendant is and why the plaintiff is filing the lawsuit against them. the basics of the lawsuit what is the function of a service of process? 23 involves a summons issued by the court clerk to the defendant giving him notice tells the defendant everything he needs to know about the charges and which court to report to and when what is the function of the defendant’s answer? 24 the defendant responds to the numbered questions from the complaint not much information gained in this just confirmation what is discovery? 25 where we learn everything about an opponent’s case, everything is laid out and open what are the methods of discovery? 26 depositions interrogations request for production request for examination electronic discovery a party or witness gives testimony under oath; this happens outside the courtroom 27 deposition written questions that only can be used with parties and are not available to witnesses 28 interrogatories asking for documents, objects, and entry onto land (parties only) important with businesses 29 request for production request for the individual to be checked out by a designated specialist 30 request for examination request to see everything emailed, text, social media, basically anything electronic 31 electronic discovery What is the purpose of the pretrial conference? 32 to see if the case could possibly be settled without having to go to court and have a trial what do we call jury selection and what is its purpose? 33 “voidire” to fairly question the jury in order to narrow the number down to 12 impartial jurors What are opening statements? 34 where the plaintiff goes first and tries to convince the jury of his side of the case, paints the picture for the jury why does the plaintiff present his or her case first? 35 because of the “burden of proof" What is the burden of proof? 36 it means by a preponderance of the credible evidence the plaintiff presents an amount of evidence against the defendant to try to win the jury’s opinion what are the 3 rules of evidence? 37 relevance hearsay best evidence rule evidence must tend to prove or disprove a material fact-important to the case 38 relevance you have to have personal knowledge- not an out of court statement made by a third party repeated 39 by a witness in court this is inherently unreliable hearsay documents-must be able to produce original or a very good reason for having the copy; excludes 40 evidence about a document best evidence rule what are the possible jury verdicts in civil litigation? 41 for the plaintiff for the defendant what are the possible actions after a judgement has been rendered? 42 appeal the decision: goes to Intermediate appellant court or collect the judgment How do we enforce a judgment? 43 writ of garnishment writ of execution what is the doctrine of Res Judicata? 44 “it is decided” brings finality to judicial decisions and prevents relitigation after a judgment has be made. the federal government has powers that are expressly stated in the US constitution. It also has 45 those implied powers necessary and proper to carry out those ______ expressed powers what do you know about the privileges and immunities clause? 46 the citizens of each state are entitled to the privileges and immunities of the citizens of the several states no state can put a greater burden on one who lives out of state what is the Full Faith and Credit Clause? 47 public records, acts, ad judicial proceedings of every state shall receive full faith and credit in the several states we recognize judicial acts of different states what do you know about the due process clauses of the 5th and 14th amendments? 48 5th: due process requires notice of being accused and a fair trial, applies to actions of the federal government. an individual 14th amendment: applies to all people’s rights being violated, the state may not treat persons differently; applies to state and federal government what are the 4 freedoms found in the first amendment 49 assembly press religion speech what are the two important things to remember about our freedom of religion in the first 50 amendment? free exercise establishment clause what is important about our freedom of speech? 51 absolutely have this right but not an absolute right. only extends as far as it can until it interferes with someone else’s rights what does the 4th amendment protect us from? 52 unreasonable search and seizures what rights are guaranteed in the 5th amendment? 53 due process taking of private property right to remain silent double jeopardy indicted by a Grand Jury what are the 6th amendment protections? 54 right to attorney right to know nature and cause of th charges against you right to have a speedy trial to have case heard by a jury confrontational clause right to call witnesses on your behalf what are the 8th amendment protections? 55 cruel and unusual punishment excessive fines and bail what is the penumbra doctrine and what kind of rights does it apply to? 56 a group of rights implied by rights in the constitution implied rights what are examples of penumbral rights? 57 right to privacy right to education what are the two parallel court systems 58 federal each state what is the purpose of a court system? 59 applies the law to the facts and circumstances of cases what is judicial review 60 the power of the courts to interpret the law where did judicial review originate? 61 marbury vs madison what are the 4 basic judicial requirements to commence a lawsuit? 62 jurisdiction venue parties must have standing case and controversy power granted to a court to hear a case and render a decision 63 jurisdiction because jurisdiction is statutory law, it 64 cannot be waived what are the 2 types of jurisdictions 65 jurisdiction over the parties jurisdiction over the person these allow us to bring an out of state resident into our court system 66 long-arm statutes what is the requirement of long-arm statutes? 67 minimum contacts jurisdiction over what the case is about 68 subject matter jurisdiction some courts have this and can only hear specific jurisdiction cases 69 limited jurisdiction the ability to hear many kinds of cases 70 general jurisdiction if court has subject matter jurisdiction, then they could have which two types 71 limited jurisdiction general jurisdiction what are the two types of federal jurisdiction? 72 diversity citizenship federal question jurisdiction all parties must be citizens of different states; and must have more than 75000$ in damages 73 diversity of citizenship involves a federal statutes 74 federal question jurisdiction can jurisdiction be waived? 75 no what is venue? 76 geographic/ proper location can venue be waived? 77 yes what is standing? 78 the parties have a stake the outcome- something to gain or lose what does case and controversy refer to? 79 something must have really happened to affect you. courts do not give advisory opinions what are the levels of state courts? 80 trial courts, intermediate appellant court, state supreme court what does an appellant court review? 81 the trial courts application of the facts how does a case get to the supreme court 82 it takes four affirmatives from the judges to hear a case it receives a writ of cert what is a writ of cert? 83 when the case will be heard at the supreme court level what is ADR? 84 ways of determining the outcome of a case without actually have a court trial what are the basic three types of ADR? 85 negotiation mediation arbitration what is the problem with mediation? 86 the decision of the mediator is not binding at all on the parties what is the strongest type of ADR? 87 arbitration Question… 88 Answer…
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