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Business Law
Exam 1 - Keller - Chpts. 1-5,12
33
Law
02/20/2011

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Term
Any court having original jurisdiction is normally known as a
Definition
Trial Court
Term
When can a case be brought before an appellate court?
Definition
-on an appeal from an order
-on a judgement of a trial court or other lower court
Term
A state trial court and a federal district court has _____ jurisdiction over subject matter.
Definition
general (unlimited)
Term
In both the federal and state court systems, a court's subject-matter jurisdiction can be limited by what two things?
Definition
1) subject of the lawsuit
2) amount in controversy
Term
Courts often use the ______ ______ test to see if out-of-state commercial website operator should be subject to its jurisdiction.
Definition
"Sliding Scale"
-Passive website = no personal jurisdiction
-Interactive website = personal jurisdiction
Term
If a federal question (question that pertains to the US Constitution, acts of Congress, or treaties, thus providing a basis for federal jurisdiction) arises due to the fact that someone claimed that their rights under the US Constitution were violated, does the case have to be tried in a federal court? Is there a minimum dollar amount in order to be heard?
Definition
No. In most cases, the plaintiff can file the action in either a federal court or a state trial court (because these courts have concurrent jurisdiction over many matters)
No.
Term
Diversity of Citizenship cases may arise between:
Definition
1) citizens of different states
2) foreign country vs. citizens of a state (or of diff states)
3) Citizens of a state vs. citizens/subjects of foreign country
Term
In order for a federal court to take jurisdiction in cases involving 'diversity of citizenship', the amount in controversy must be over _____ dollars.
Definition
$75,000
Term
In a case based on 'diversity of citizenship', will the federal court apply federal law?
Definition
No. It will apply the relevant state law (which is often the law of the state in which the court sits)
Term
In suits involving 'diversity of citizenship' who has the power to hear the case? State or federal court?
Definition
BOTH!
Term
Who has jurisdiction in cases involving admirality ("law of the sea"), antitrust, bankruptcy, copyright and trademarks, federal crimes, patents, and suits against the US
Definition
Federal Court
Term
Who has jurisdiction in divorce and probate cases?
Definition
State Court
Term
Who has jurisdiction in federal question and diversity of citizenship cases?
Definition
Both state and federal court
Term
When two different courts have the power to hear a case.
Definition
Concurrent Juridiction
Term
A Louisiana man purchased a used RV from sellers in Texas after viewing numerous pictures of it on eBay and reading the seller's statement that the RV "will work great for years to come".  The man picked up the RV in Texas, but on the drive back to Louisiana, the RV quit working.  He then filed a lawsuit in Louisiana against the sellers alleging that the vehicle was defective.  Does the Louisiana court have jurisdiction?  Why?
Definition
Yes, because the sellers had used eBay to market and sell the RV to the Louisiana buyer and due to the "sliding-scale" standard, if substantial business is conducted over the internet (ie - with contracts and sales), the seller is subject to jurisdiction in every state.
Term
An online auction site (Yahoo!) has offered Nazi memorabilia for sale. In France, the display of such items is a criminal offence. Due to this, a lawsuit was filed in Paris against Yahoo for diplaying Naxi memorabilia and offering them for sale via its Web site. Do the French courts have personal jurisdiction over the matter? What would the ruling be?
Definition
Yes. The ruling leaves open the possibility that Yahoo!, and anyone else who posts anything on the internet, could be held answerable to the laws of any country in which the message might be received.
Term
The requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit. Plaintiff must demonstrate that he or she has been either injured or threatened with injury.
Definition
Standing To Sue
Term
A controversy thats not hypothetical or academic but real and substantial; a requirement that must be satisfied before a court will hear a case.
Definition
Justiciable Controversy
Term
In order to bring a lawsuit before a court, one must:
Definition
1) Have a stake in the lawsuit
2) Have a real or substantial controversy (not a hypothetical or "what if" lawsuit)
3) Be sueing on behalf of themselves, not another person (unless other person is a minor)
Term
What are the 4 different types of state courts?
Definition
1) Trial courts of limited jurisdiction
2) Trial courts of general jurisdiction
3) Appellate courts
4) Supreme courts
Term
The jurisdiction of trial courts with limited jurisdiction is often determined by
Definition
the size of the county in which the court sits.
Term
Special court in which parties may litigate small claims (such as $5,000 or less). Attorneys are not required in these types of courts.
Definition
Small Claims Court
Term
Court that hears mainly traffic cases.
Definition
Local municipal court
Term
Type of court in which a panel of 3 or more judges reviews the record of previous case, which includes a transcript of the trial proceedings, and determines whether the trial court committed an error. This court focuses on questions of LAW not questions of FACT.
Definition
Appellate (or Reviewing) Courts
Term
Although the decisions of each state's highest court are final on all questions of state law, there is one condition under which the supreme court's decision can be overruled. This is when...
Definition
issues of federal law are involved, in which case the decision can be overruled by the United States Supreme Court.
Term
Process of resolving a dispute through the court system
Definition
litigation
Term
Large body of law that establishes the rules and standards for determining disputes in courts and that varies from court to court and from state to state.
Definition
Procedural Law
Term
The complaint and answer (and the counterclaim and reply) all taken together
Definition
Pleadings
Term
Document that, when filed with a court, initiates a lawsuit.
Definition
Complaint
Term
Document informing a defendant that a legal action has been commenced against him or her and that the defendant must appear in court on a certain date to answer the plaintiff's complaint. Delivered by a sheriff or any other person so authorized.
Definition
Summons
Term
Claim made by a defendant in a civil lawsuit against the plaintiff (defendant is suing the plaintiff)
Definition
Counterclaim
Term
Phase in the litigation process during which the opposing parties may obtain information from each other and from third parties prior to trial.
Definition
Discovery
Term
Testimony of a party to a lawsuit of a witness taken under oath before a trial.
Definition
Deposition