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Business Law 2
| Question | Answer |
|---|---|
| What is the definition of a court? | Court: is a tribunal established by government to hear and decide matters brought before it, provide remedies when a wrong has been committed, and prevent possible wrongs from happening. |
| What relief is sought in a court of law? What relief is sought in a court of equity? | Prison and fines. Monitary and assets |
| What is jurisdiction? Where does this authority come from? Can jurisdiction be waived? | Jurisdiction is the power to hear cases. Jurisdiction can NOT be waved |
| What is subject matter jurisdiction? What is original jurisdiction? | Subject matter jurisdiction: covers the type of proceedings that the court holds. Based on substance of the case. Original jurisdiction: trial court or the court with the authority to conduct the first proceedings in a court |
| What is appellate jurisdiction? | |
| What is personal jurisdiction? Why is it necessary? How do we obtain personal jurisdiction over a defendant? | |
| What about an out-of –state defendant, what do we use to bring them into court? What is the basis or test for bringing an out-of-state defendant into court? | |
| What is due process and what are the due process requirements in the court system? | |
| What is venue? Can venue be waived? | |
| What are the three levels of courts in the federal court system? What are the three levels of courts in the state court system? | |
| Which courts are trial courts? What does a trial court do? | |
| What does an appellate court do? | |
| What are the 3 ways a civil case gets into federal court? | |
| How does a federal judge get his job? What about state court judges? | |
| How does a case come before the U.S. Supreme Court? What is a Writ of Certiorari? What is the Rule of Four? | |
| What two threshold questions must be answered before a case can begin? Why are these important? | |
| What are the 4 privileged/confidential relationships recognized in law? What do you know about each? (to whom does the privilege belong or which party can waive the privilege?) | |
| What are the three phases of civil litigation? | |
| What happens in the pre-trial phase? | |
| How does a lawsuit begin? What are these documents called? (....pleadings) | |
| What is discovery? What are the four methods of discovery that we discussed? | |
| What is a deposition and who can give a deposition? | |
| What are interrogatories and who can be required to answer interrogatories? | |
| What do we call jury selection? | |
| Why does the plaintiff go first? What is that? | |
| What is the requirement for evidence to be presented for the consideration of the jury? Define. | |
| What are the two kinds of evidence? Define. | |
| What is the Doctrine of Res Judicata? What is the significance of this doctrine? | |
| What are the two ways to enforce a judgment? Define. | |
| What is the process called for resolving a dispute outside the courtroom? | |
| What two types of alternative dispute resolution did we discuss in class? Define each and name the strengths and weaknesses of each. | |
| What is general jurisdiction? What is limited jurisdiction? | General jurisdiction: has a broad authority over different types of cases. Limited jurisdiction: has the authority to hear only particular types of cases |
Created by:
pwg31
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