Business Law Exam One

Constitutional law

sets organization, powers, and limits

statutory law

federal and state laws passed by governing bodies

administrative law

rules and regualtions issued by administrative agencies

case law

rules of law found in court decisions

common law

general rules formed by case law

courts of law

could only reward monetary relief (money, land, etc)

courts of equity

could award non monetary relief based on “notions of justice and fair dealing”

stare decisis

legal precedent in that court based on past cases

how can stare decisis be overturned?

the precedent is outdated or wrong

restatement

summarize common law rules followed by most states

privileges and immunities clause

no discrimination to people from other states

full faith and credit clause

states have to enforce laws and court rulings of other states, especially concerning property contracts and criminal proceedings

commerce clause

gives federal government the right to control interstate (and now internet) commerce and business

supremacy clause

states have to follow federal laws but not the other way around

bill of rights x business

most of the bill of rights applies to businesses because business is seen as natural persons

first amendment x business

commercial speech for business isn’t as protected as individual speech unless it pertains to political contributions (money=speech)

fourth amendment x business

freedom from unreasonable search and seizure in the business (online and in person)

fifth amendment x business

self incrimination doesn’t apply to corporation. due process does apply

fourteenth amendment x business

equal protection: government must treat people equally

strict scrutiny

race, national origin, citizenship

intermediate scrutiny

gender, legitimacy

rational basis

economic or social welfare

person am jurisdiction

over the person; where the business operates, where it’s incorporated, or the state of principal place of business

rem jurisdiction

over the thing; where the thing of “issue” is located (ex: land disputes)

subject matter jurisdiction

limitations on what type of case a court can hear

general jurisdiction

court can hear any case

limited jurisdiction

a court can only here specific types of cases

original jurisdiction

court where case started (trial court; facts of case)

appellate court

court that hears appeals from another court (question of law)

federal question

rights or obligations of a party are created or defined by same federal law or constitution; helps decide jurisdiction

diversity of citizenship

only if opponents aren’t from the same state and the amount of controversy is over $75,000

venue

geographical district in which an action is tried and from which the jury is selected

proper venue

where injury occurred or defendant resides or does business

standing to sue

reason to bring a suit

elements of a standing to sue

harm (plaintiff has to be harmed); causation (connect defendant’s actions to the harm); remedy (likely a favorable court decision will remedy the harm)

trial courts

state; limited and general jurisdiction

appellate court

state; review questions of law or procedural mistakes made by trial court

state’s highest court

decisions are final as to questions of state law

US district court

federal; limited and general jurisdiction

US court of appeals

federal; review questions of law or procedural mistakes made by US district court

US supreme court

can (but not required to) review any case from the court of appeals; final authority on constitution and federal law

alternative dispute resolution (ADR)

resolves, or tries to resolve, cases before court

negotiation

the two parties talk (with or without attorneys) about their differences and try to come to a resolution; no third party involved

mediation

the two parties are separated and a mediator goes between them to find a non binding resolution

arbitration

arbitrator reviews case and grants a resolution; most similar to court; can be binding or nonbinding

fixed fee

for simple services; same price every time an attorney does it

hourly fee

based on time working on the matter

contingency fee

% of plaintiff’s recovery goes to the attorney

complaint

filed by plaintiff to start litigation

parts of a complaint

jurisdiction statement, legal theory (what happened), remedy requested

service of process

defendant gets served

answer

defendants response to complaint

counter claim

defendant makes a claim against plaintiff

reply

plaintiff’s response to defendants counterclaim

motion to dismiss

defendants motion to get rid of the charge due to no jurisdiction or no legal claim

motion for judgement on pleadings

motion by either party asking court to enter judgement in their favor based on pleadings

motion for summary judgement

motion by either party asking court to enter judgement in their favor based on pleadings + some evidence

discovery

process in both parties obtain information regarding the case

deposition

get witness statement prior to the trial

interragatories

written questions plaintiff gives defendant or vice versa

pretrial conference

attorneys meet with judges in conference; settlement talk; identify issues in dispute; judge gives behavior guidance

jury selection

attorneys can veto jurors because of bias

peremptory challenge

boot a juror for no reason

voir dire

process of jury selection

enforce judgement

if defendant doesn’t pay the recovery amount, the sheriff in the jurisdiction can make them pay