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| the rules, standards and principals that define the behavioral boundaries for business activities |
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| fundamental law of a nation. establishes and limits the powers of government |
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| law made and applied by judges as they resolve disputes among private parties. foundation of agency, contract, property, and tort law. oldest source of law in the US. |
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| books that contain published decisions written by judges to explain their rulings in important cases, and some not-so-important cases |
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| to settle disputes that are similar to past disputes, judges look for guidance by studying decisions from earlier recorded cases. this is referred to as _________ |
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| this doctrine refers to the use of precedent in deciding present cases. means "to stand on decided cases." |
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| the president can create law by issuing these, requiring agencies to do certain things within the president's scope of authority. |
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| concerns the legal relationship between members of society- businesses and individuals- and the government. includes statutes enacted by congress and state legislatures and regulations by administrative agencies |
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| sets forth rules governing the legal relationships among members of society. helps to resolve disputes and to provide a way for the values and customs of society to influence law. primarily common law and is enforced through the state court systems. |
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| concerns legal wrongs or crimes committed against the state. must find the evidence presented showed beyond a reasonable doubt that the person committed the crime. |
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| offenses punishable by imprisonment for more than a year. |
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| less serious crimes, punishable by fine and/or imprisonment for less than a year. |
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| to find a person guilty of a crime, the trial court must find that the evidence presented showed beyond a ______________ ________. |
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| concerned with rights and responsibilities that exist among members of society or between individuals and the government in noncriminal matters. person found liable for breaking this may be required to pay damages or to do/refrain from doing a specific act, or both. |
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| preponderance of the evidence |
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| when finding the wrongdoer liable in a civil law case, the jury (or judge in nonjury cases) must find that this favored the injured party, a lower standard of proof than is required in criminal cases. |
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| includes common law and statutory law that define and establish legal rights and regulate behavior. |
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| determines how substantial law is enforced through the courts by determining how a lawsuit begins, what documents need to be filed, which court can hear the case, how the trial proceeds, and so on. |
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| in the context of business practitioners, this has to do with rules or standards governing the conduct of members of a profession and how standards are put into action within an organization. |
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| living by a moral code and standards of ethics |
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| concerns conformity to rules of correct conduct within the context of a society, religion, or other institution. |
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| the existence of this within a company is a key factor in determining whether to prosecute an organization or to recommend leniency to a court when a legal problem arises. |
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| corporate social responsibility |
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| this ethic applies to those in leadership positions. |
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| case where contractors built an underground pipe system that were supposed to last 100 years. man went in three years to fix leak, it collapsed and killed him. first Washington state court said the contractors weren't guilty. daughter appealed. washington state supreme court revised it and did away with completion and acceptance doctrine like the numerous other states, and said that common law standard could not be used anymore in todays world. (rejected historic common law). contractors were guilty . |
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| Davis vs. Baugh industrial Contractors, Inc. |
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| man fired by his used car company for not participating in their unethical sale. court found company guilty for wrongful discharge. then sent to a higher court, they reversed the decision, saying that it was employment-at-will, and that the man's actions could not be proven that they would inflict wrongful behavior by the marketing team. |
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| Lamson vs. Crater Lake Motors |
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| doctrine of judicial immunity |
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| this states a judge is absolutely immune from suit for damages for judicial acts. |
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| both state and federal courts have these systems of lower courts, where disputes are first brought and tried |
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| courts of this type are where the decisions of a lower court can be taken for review |
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| legal proceedings before or by the court as a whole rather than before or by a single judge or a panel of judges. court of appeals make final decision in most cases since its so difficult to obtain review by the US supreme court. |
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| courts of this sort have authority to decide almost any kind of dispute and are able to grant virtually any type of relief |
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| Limited or special jurisdiction- |
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| municipal courts, justice of the peace courts, and other more specialized courts have this. people unsatisfied with the outcomes in these courts may appeal to the court of general jurisdiction |
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| when a party appeals and gets a new trial |
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| courts with this are allowed to review the decisions made by trial courts |
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| "power to speak the law". defines the limits within which a court may declare, administer, or apply the law. |
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| Subject-matter jurisdiction- |
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| created by a constitution or statute regarding the types of disputes a court can accept to resolve. |
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| the federal courts have the judicial power to hear cases involving this. it might include diversity jurisdiction or diversity-of-citizenship. to establish this in a diversity case, parties must show 2 things- 1. that theyre from different states and 2. that the amount in controversy is more than $75,000 |
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| once its established that the court has subject-matter jurisdiction, plaintiff must meet these requirements. they must determine how to bring the defendant or defendants property, back to a court in their state. |
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| a court's power over the person of the defendant is referred to as this |
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| defendants are served with these, which are notices of lawsuit. |
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| after selecting the appropriate court, the plaintiff must properly notify the defendant of the action filed by ______. (3 words) |
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| this is issued to a defendant who fails to appear in court. |
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| this is when the summons are delivered to the defendant by either the plaintiff, the plaintiffs attorney, a private processor, or a public official. |
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| a state law that permits a states courts to reach beyond the states boundaries for jurisdiction over nonresident defendants. |
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| federal courts have this over certain disputes. state courts may not try these disputes. congress specifies which ones; (federal crimes, bankruptcy, patents, and copyrights) |
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| when state and federal have jurisdiction. usually goes to the court the plaintiff picks. when 1. theres diversity of citizenship and amount in controversy is over 75,000. 2. involves a federal question and congress has not conferred exclusive jurisdiction on the federal courts. |
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| these problems arise when a court hears cases that took place in more than one state or entirely in a different state. these rules vary according to the nature of the dispute. |
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| another term for court, where public judicial proceedings occur. |
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| court told a guy to get money from person who lost trial. the man got the money from the persons bank, they sued him for abuse of process. he was given judicial immunity since the judge gave him the right to collect the money |
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| adversary system of justice |
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| a distinctive element of our judicial system. requires the parties to represent themselves, usually through their lawyers, and to argue their positions before a neutral court. |
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| first pleading filed by plaintiff. must state the basis of the courts subject-matter jurisdiction and jurisdiction over the parties to the dispute. |
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| notice of lawsuit given to the defendant by the plaintiff. |
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| when the defendant asks the court to dismiss the case because it does not have jurisdiction over either the subject matter of the dispute or the defendant's person |
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| motion to dismiss for failure to state a claim (or demurrer) |
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| an assertion that even if the facts asserted are true, the injury claimed by the plaintiff is one for which the law furnishes no remedy. |
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| when defendants motion to dismiss is denied, or if the defendant does not make such a notion, the defendant must file an ________. in this pleading, the defendant will admit, deny, or say that it does not know the truth, with respect to each assertion of the plaintiff. |
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| additional facts given by the defendant when answering the complaint, which he asserts constitute a defense, or legal excuse to the plaintiffs complaint. (example-the claim is now barred by the statute of limitations, the plaintiff took too long to file a lawsuit against me) |
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| complaint by the defendant, which the plaintiff must respond to just as the defendant responded to the original complaint |
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| a plaintiffs answer to the defendants counterclaim. |
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Pleadings
Discovery
Pretrial
Trial
Appellate
Enforcement |
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| a principal discovery tool; the sworn, in-person testimony of a witness recorded by a court reporter. |
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| written questions submitted by a party within a case to the other party, or a witness, or another person with relevant information. |
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| these people are used in many trials involving businesses to help establish facts critical to a case, such as the value of lost profits, the costs to a victim of an accident or the scientific evidence of harm from a product |
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1. default judgement
2. contempt of court |
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| when a party fails to comply with the requirements of a discovery request, such as a deposition, the requesting party can make a motion to the judge to require compliance. if the party does not comply with the court order, the court may order this (1), granting victory to the other party or find the non complying party in this (2) and order the party to jail or impose a fine. |
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| a decree granted by a court to protect certain documents, such as trade secrets, from being discovered in the litigation process. |
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| either party can serve the other party with these written requests to tell the truth in matters relating to their dispute. these are used to settle facts about which there are no real disputes. |
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| mental and physical examinations |
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| when the physical or mental capacity of a party is an issue, the court may be asked to order that party to submit one of these. the party requesting this order must show a greater need for the information than in requests for other forms of discovery. |
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| either party may move for this at the close of the discovery stage. the Federal Rules of Civil Procedure state, in Rule 56(c) that this "shall be rendered if the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgement as a matter of law" |
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| these meetings normally involve only the attorneys and the judge, and often simplify the issues and plan the course of the trial, agreeing on witness lists, exhibits, and the schedule. |
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| a judicial examination of a dispute between two or more parties under the appropriate laws by a court or other appropriate tribunal that has jurisdiction |
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| the 6th and 7th amendments of the US constitution, as well as state constitutions provide for the right to a ______ in most cases. This right is granted in criminal trials, federal trials if the amount in controversy exceeds $20 and is a common law claim. Most state courts have similar guarantees, although the minimum amount in controversy may be higher. this right is not granted when a private plaintiff requests an equitable remedy rather than monetary damages, or in civil cases in which the government seeks non-criminal penalties for violations of federal law. |
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| the process used to select jury members. depending on the court, either the judge or the attorneys conduct this. |
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| 1.oral presentations are made to the jury by the attorneys before the parties present their cases. consist of each attorney's crucial facts and how they will prove those facts support their position. often limited to 20 minutes. 2. these presentations are the lawyers' chances to explain their clients view of the case to the jury, tell the jury who the witnesses will be, and provide a roadmap of the trial. plaintiffs attorney normally goes first. |
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| the initial questioning of a witness by the plaintiffs attorney |
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| the questioning of a witness after the direct examination, done by the defendants attorney. |
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| before the case goes to the jury, the attorneys each present one of these statements, summarizing the evidence for the jury in a manner most favorable to their case. |
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| these are given to the jury from the judge before they break to reach a verdict. these include the applicable law, summary of the issues of the dispute, and states which of the parties has the burden of persuasion. |
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| after the instructions are given to the jury, this is the person in charge of custody over the jury, seeing that they remain together and there is no misconduct. |
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| preponderance of the evidence |
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| in a civil trial, the parties must prove their contentions to the jury by this term of majority |
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| a jury that is unable to reach a unanimous decision is said to be this. |
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| this is declared when a jury that is unable to make a unanimous decision is discharged |
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| judgement as a matter of law or directed verdict |
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| after the cases have been presented, but before the case goes to the jury, a party may request that the court enter into this judgement in it's favor because there is not legally sufficient evidence on which a jury could find for the other party. that is, that the plaintiff did not provide sufficient grounds, even if what is claimed is true, to be able to win a verdict. |
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| judgement notwithstanding the verdict |
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| after the jury returns the verdict, the losing party may motion for this, asking the judge to hold that there were not legally sufficient grounds to support the jury's verdict and to either overturn the entire verdict or a portion of it. |
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| punitive, monetary, nominal. kelly you know these. so fuck off |
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| when monetary damages are not practical or effective, courts issue these remedies. usually to finish out a contract, or to do something/ refrain from doing something |
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| a remedy that requires the offending party to do what it had promised. (contract cases) |
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| court order directing a person to do or not do something. |
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| temporary restraining order (TRO) |
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| short term court order, usually last a few days, primarily used by a court to preserve the status quo until a more formal hearing can be held. |
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| longer term court order, usually in force until the dispute is resolved. |
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| final court order, issued after the conclusion of the trial or as part of a settlement agreement. usually remains in force indefinitely. to get this, party must persuade the court that money damages are inadequate. |
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| the decision in a case may be appealed if one of the parties believes this was made during trial. include mistakes about the s |
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