BSL212 Quiz 1 Study Guide
BSL212 Quiz 1 Study Guide BSL212
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This 5 page Study Guide was uploaded by taylor Notetaker on Thursday March 5, 2015. The Study Guide belongs to BSL212 at University of Miami taught by in Spring2015. Since its upload, it has received 111 views. For similar materials see Intro to Business Law in General at University of Miami.
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Date Created: 03/05/15
Chapters 3 and 9 the authority of a court to hear a particular kind of case and have a binding decision over the parties 0 the authority of a court to heardecide a particular kind of case 0 types federal courts have exclusive jurisdiction over federal criminal prosecutions admiralty bankruptcy antitrust patent trademark and copyright cases suits against the US and cases arising under certain federal statutes that expressly provide for exclusive federal jurisdiction 0 must be provided for by Congress either explicitly or implicitly when Congress does not provide for exclusive federal jurisdiction and the area is one over which federal courts have subject matter jurisdiction they share this jurisdiction with the state courts plaintiff has the choice of bringing the action in either an appropriate federal court or state court 0 if state court defendant usually may have it removed shifted to a federal court for the district in which the state court is located 0 types 1 arises whenever there is a federal question over which the federal courts do not have exclusive jurisdiction any case arising under the Constitution statutes or treaties of the US 0 no dollar requirement 0 when a state court hears a concurrent federal question case it applies federal substantive law but its own procedural rules 2 occurs in a civil suit where there is diversity of citizenship and the amount in controversy exceeds 75000 diversity of citizenship 1 when the plaintiffs are citizens of a state or states different from the defendants 2 when a foreign country brings an action against citizens of the US 3 when the controversy is between citizens of a state Chapters 3 and 9 and citizens of a foreign country 0 when a federal district court hears a case solely under diversity of citizenship jurisdiction no federal question is involved 0 federal courts must apply state substantive law 0 the con ict of law rules of the state in which the district court is located determine which state39s substantive law is to be used in the case 0 federal courts apply federal procedural rules in diversity cases 0 an outofstate defendant may face discrimination in a state court so they should make a motion to take it to federal court state courts have exclusive jurisdiction over all other matters all matters not granted to federal courts in Constitution or by Congress are solely within the jurisdiction of the states 0 include cases involving diversity of citizenship where amount in controversy is 75000 or less 0 also have exclusive jurisdiction over all cases to which the federal judicial power does not reach including but not limited to 0 property torts contract agency commercial transactions most crimes 0 the authority of a court to have a binding decision over the parties 0 when a plaintiff les a lawsuit complaint the court whether federal or state has jurisdiction over the plaintiff because the plaintiff has voluntarily given up jurisdiction 0 types 1 00000 jurisdiction of a court over the parties to a lawsuit rather than over their property 0 based on residencelocation or activities of the defendant court obtains in personamjurisdiction by 1 serving process on the party within the state in which the court is located Chapters 3 and 9 2 to deliver a summons which is an order to respond to a complaint lodged against a party 2 by reasonable noti cation to a party outside the state in those instances where a quotlongarmquot statute applies expand states jurisdictional reach beyond those persons who may be personally served within the state 0 allow courts to obtain jurisdiction over nonresident defendants under the following conditionsif the defendant 1 has committed a civil wrong within the state owns property within the state andifthat property is the subject matter of the lawsuit has entered into a contract within the state has transacted business within the state and if that business is the subject matter of the lawsuit courts in a state have the jurisdiction to adjudicate claims to a property situated within the state if the plaintiff gives those persons who have an interest in the property reasonable notice and an opportunity to be heard 0 based on ownership of property even if defendant doesn39t live in the state property must be subject of lawsuit invoked by seizing the defendant s property located within the state to obtain payment of a claim against the defendant that is unrelated to the property seized Chapters 3 and 9 jurisdiction over property rather than over a person 0 property is not the subject of the lawsuit concerns the geographical area in which a lawsuit should be brought 0 often confused with jurisdiction purpose 0 regulate the distribution of cases within a speci c court system 0 identify a convenient forum 0 in federal court system venue determines the district or districts in a given state in which suit may be brought 0 state rules typically require that a suit be initiated in a county where one of the defendants lives in matters involving real estate most venue rules require that a suit be initiated in the county where the property is situated an agreement a binding the court will enforce or promise that is binding in the court of law legally binding 0 all contracts are promises but not all promises are contracts 0 requirements of contracts 0 parties must manifest by word or conduct that you agree to the contract 0 each party to contract must exchange a legal bene tdetriment to enforce promise o purpose of contract must not be unlawful 0 parties to a contract must have contractual capacity adjudicated incompetents have no legal capacity to contract minors incompetent persons and intoxicated persons limited capacity to contract 0 F 0 there are a limited number of cases in which contracts must be in writing classi cations 0 formed by manifest of words formed by assumed action ex haircut both parties exchange exchange of a promise either for performing an act or for refraining from doing an act 0 meets all requirements of contract 0 does not create a legal obligation cannot go to court OOO o meets basic requirements but for some other legal rule it cannot be enforced sources of contract law 0 the sum of all court decisions 0 set of Chapters 3 and 9 has multiple sections but we re concerned with deals with sale of personal property anything except land or on land 0 courts sometimes enforce remedies even if no contract types of remedies o detrimental reliance 0 person makes promise promissor that heshe should reasonably foresee is likely to enduce action or forebearance on promissee and promisee does act or forebear so this remedy enforces promissor o unjust enrichment o obligation imposed by law to avoid injustice 0 one party confers a bene t to other party who knowingly accepts makes them pay for that bene t 0 does not mean breach of contract
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