Business Law: Exam Questions Essay

Submitted By tomi5p
Words: 1207
Pages: 5

Exam for Business Law
84 questions
Jurisdiction –the power to hear and decide a case. Has multiple dimensions.
Appellate jurisdiction – the authority of a court to review a prior decision in the same case but made by another court
Original jurisdiction – the authority of a court to hear and decide a dispute in the first instance
Trial courts
Supreme court of the US is in some instances an original jurisdiction court
Treaties is an example of when supreme court
Personal jurisdiction – inpersonam jurisdiction – means court passes jurisdiction over to the persons handling the business
Bankruptcy can only go to a bankruptcy courts
Long arm statutes – negotiation between states in which a nonresident person or entity who would otherwise not fall in the jurisdiction of a court may be required to appear before that court
Inrem jurisdiction – courts have personal jurisdiction over disputed property located within the county district or state that the court is situated
Subject matter jurisdiction – the authority of the court to hear or decide a particular dispute in court
Civil systems = no jury trial
A plaintiff must have standing (sufficient personal stake in the outcome of a dispute and that stake must be based on threatened or actual injury due to a defendants actions) must have justiciable controversy
Justiciable controversy – real and subsitive controversy
Look at book for federal question and jurisdictable amount
American court system 3 letters
1) Trial court – litigation
2) Intermediate reviewing courts -
3) Final reviewing courts

Exam review
What differentiates a law from a rule?
Asked to list at least 6 functions of law
Identify 3 disadvantages of the doctrine of stare decisis
5 advantages of the doctrine of stare decisis
Stages of music hall case
1) Is the case a civil case or a criminal case
2) It is a blank case because of _______
Do appellate courts hear new evidence and testimony?
The link between elements when a court has the power to review the decisions of another court that court has what power
If there is a conflict between a state and a federal law generally the federal law will prevail because of __
A. Travel, drive, free speech, vote. Q. Your fundamental rights include all except?
The power of federal courts to declare a statute or government latchen unconstitutional is called what?
The doctrine of preemption which means that a federal law will supersede a state law if the 2 laws conflict is based on what clause in the constitution
Adam moved into an apartment complex, the rules of the complex prohibit unmarried woman and men from living together in the same apartment. When adams friend diane moved into the apartment, adam was served with eviction papers. Adam claims the apartment complex is violating his constitutional rights. Since it allows married couples to live together. Is Adam right
1) Yes, his equal protection rights have been violated
2) Yes, him and diane are being treated differently then married couples
3) No, no constitutional protections do not extend to privately owned apartment complexes
4) No, his fundamental right cohabit has not been violated
The Bill of rights are found where in the constitution
Jurisdiction is one of those
1) The study of law
2) A federal court concept
3) Applicable only to appeals court
4) The authority
What are the powers possessed by the supreme court
In 1992 a nc supreme court ruled in a case entitled goodman v winco foods that when a substance in food causes injury to a consumer of that food it is not a bar to recovery against the seller that the substance was natural to the food. So if in 2001 case involving a consumers injury caused by a fish bone in a bowl of fish chowder the court followed the decision in goodman v. winco the courts action would be a case of what. Where they followed the previous courts ruling
Anna maria, a resident of California, hires you to file a lawsuit on her behalf against hector due to an incident in which hector