BSL212 Chapter 3 and 9 Study Guide
BSL212 Chapter 3 and 9 Study Guide BSL212
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This 9 page Study Guide was uploaded by taylor Notetaker on Wednesday March 11, 2015. The Study Guide belongs to BSL212 at University of Miami taught by in Spring2015. Since its upload, it has received 64 views. For similar materials see Intro to Business Law in General at University of Miami.
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Date Created: 03/11/15
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 matterjurisdiction 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 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 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 a 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 quotlong armquot statute applies OOOOO expand states39 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 2 owns property within the state and if that property is the subject matter of the lawsuit 3 has entered into a contract within the state 4 has transacted business within the state and if that business is the subject matter of the lawsuit 2 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 0 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 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 often confused with jurisdiction purpose 0 regulate the distribution of cases within a speci c court system 0 identify a convenient forum in federal court system venue determines the district or districts in a given state in which suit may be brought 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 primary function of law is to provide for the peaceful resolution of disputes judicial dispute resolution 0 refers to lawsuits and ling claims in court 0 going to trial 0 Civil Procedure 0 a civil dispute that enters the judicial system must follow the rules of civil procedure 0 rules are designed to resolve the dispute justly promptly and inexpensively series of responsive formal written statements in which each side to a lawsuit states its claims and defenses purpose give notice and establish the issues of fact and law that the parties dispute 0 a dispute between the parties regarding the events that gave rise to the lawsuit decided by the jury or judge when there is no jury a dispute between the parties as to what legal rules apply to these facts decided by the judge complaint and summons 0 pleading which sets forth a claim for relief containing both 1 a statement of the claim and supporting facts showing that plaintiff is entitled to relief 2 a demand for that relief 0 issued by the clerk to be served upon the defendant to notify him that a suit has been brought against him responses to complaint defendant has several options 0 failing to respond at all judgment will be entered against defendant 0 contest the court39s jurisdiction over the defendant or assert that the action is barred by the statute of requires suits to be brought within a speci ed time move request the complaint be made more de nite and certain move that the complaint be dismissed for failure to state a claim on which relief may be granted essentially asserts that even if all of plaintiffs39s allegations were true heshe would still not be entitled to the relief she seeks and therefore there is no need for a trial of the facts court rules on this motion as a matter of law 0 if in favor of defendant the plaintiff may appeal the ruling o no pretrial motions or pretrial motions denied pretrial procedure defendant les answer 0 may contain 0 denial o admission 0 attacks plaintiff39s legal right to bring an action as opposed to attacking truth of the claim 0 a claim presented by a defendant in opposition to or deduction from the claim of the plaintiff if defendant counterclaims plaintiff must respond through a may also contain admissions denials and af rmative defenses ai ter the pleadings either party may move forJOTP 0 requests the judge to rule as a matter of law whether the facts as alleged in the pleadings of the nonmoving party are suf cient to warrant granting the requested relief 0 time during which each party has the right to obtain relevant evidence or information that lead to evidence from the other party 0 includes 1 pretrial consisting of sworn testimony taken out of court of the opposing party or other witnesses sworn answers by the opposing party to ques ons of documents and physical objects in the possession of the opposing party or by a courtordered subpoena in the possession of nonparties by a physician of the opposing party as needed admissions of facts obtained by a submitted to the opposing pa y trial 0 o by using discovery properly each party may become fully informed of relevant evidence and avoid surprise at trial another purpose to facilitate settlements by giving both parties as much relevant information as possible between the judge and attorneys representing the parties 0 O purpose 1 simplify the issues in dispute by amending the pleadings admitting or stipulating facts and identifying witnesses and documents to be presented at trial 2 encourage settlement of the dispute without trial if no settlement occurs judge enters a pretrial order containing all of the amendments stipulations admissions and other matters agreed to during the pretrial conference order supersedes the pleadings and controls the remainder of the trial a nal binding determination on the merits made by the judge before a trial trial by jury O O judge determines issues of law and jury determines questions of fact may be waived judge serves as the nder and will make separate ndings of fact and conclusions of law jury selection voir dire examination by the parties39 attorneys or in some courts by the judge of the potential jurors each party has an unlimited number of allow the party to prevent a prospective juror from serving if the juror is biased or cannot be fair and impartial each party has a limited number of no cause required to disqualify a prospective juror Supreme Court has held that the Constitution prohibits discrimination in jury selection on the basis of race or gender conduct of trial 0 made by both attorneys about the facts they expect to prove in the trial 0000 0 then plaintiff and plaintiff39s witnesses testify on by the plaintiff39s attorney each is subject to by defendant39s attorney 0 ifjudge does not allow certain evidence to be introduced or certain testimony to be given the attorney must make an to preserve for review on appeal the question of its admissibility not regarded as evidence and the offer consisting of oral statements of counsel or witnesses showing for the record the evidence that the judge has ruled inadmissible is not heard by the jury o a nal binding determination on the merits made by the judge after a trial has begun but before the jury renders a verdict ifjudge denies motion for a directed verdict defendant then has opportunity to present evidence 0 reviewing evidence and urging a verdict in favor advise the jury of the particular rules of law that apply to the facts the jury determines from the evidence verdict the unsuccessful party may le a written motion for a new trial or forjudgment notwithstanding the verdict o motion for a new trial may be granted if 1 judge committed prejudicial error during the trial 2 verdict is against the weight of the evidence 3 damages are excessive 4 trial was not fair 0 F must be denied if there is any substantial evidence supporting the verdict purpose is to determine whether the trial court committed prejudicial error not going to trial can be faster quicker less costly can avoid animosity sometimes associated with litigation forms parties select a neutral third person or persons arbitrators who render a binding decision after hearing arguments and reviewing evidence a nonbinding informal process in which a third party the conciliator selected by the disputing parties attempts to help them reach a mutually acceptable agreement a process by which a third party the mediator selected by the disputants helps them to resolve their disagreement an agreement a binding the court will enforce or promise that is binding in the court of law legally binding 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 purpose of contract must not be unlawful 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 o O 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 meets all requirements of contract does not create a legal obligation cannot go to court 0 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 has multiple sections but we re concerned with deals with sale of personal property anything except land or on land o 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 000 CO 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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