Understanding Diversity Jurisdiction and Federalism in U.S. Law, Exams of Business and Labour Law

Download Understanding Diversity Jurisdiction and Federalism in U.S. Law and more Exams Business and Labour Law in PDF only on Docsity! Business Law CH 1-4 Questions and answers What is the importance of a Business Law course in a business/management curriculum or a business person? CORRECT ANSWERS✅ Legal concepts, principles, and rules provide the foundation for the conduct of business. The law determines who may conduct business, how it can be conducted, and what to do if the requirements are not met. Law controls the relationship between parties. The law also provides a way for the government to regulate business behavior. How can businesspeople use the law to a strategic advantage? CORRECT ANSWERS✅ Knowledge of the law allows a business person to identify legal risks and effectively reduce or eliminate the liability that can come with those risks. The law creates an opportunity for intellectual property of a business to be licensed. The law also acknowledges processes, like a joint venture, where two firms can arrange to share assets for a project (increases competitive advantage) Law CORRECT ANSWERS✅ a regime or structure that orders human activities and relations (set of rules), requires systematic application of force in its enforcement (law needs to be predictable and faithfully enforced) Law Merchant CORRECT ANSWERS✅ Medieval legal system mainly in Europe that established practical rules of commerce and trade. Substantive Law CORRECT ANSWERS✅ Laws that regulate and control the rights and duties of persons and are used to resolve disputes Procedural Law CORRECT ANSWERS✅ Laws that establish the process by which litigation is conducted Public Law CORRECT ANSWERS✅ Law which affects the public at large Business Law CH 1-4 Questions and answers 1. Constitutional law: rights, powers, and duties of federal and state governments 2. Administrative law: concerned with administrative agencies and their rule- making powers 3. Criminal law: rules that forbid certain behavior, and provides punishment for violation Private Law CORRECT ANSWERS✅ Law that pertains to the relationships between individuals, ex. contracts, torts, and property Criminal Law CORRECT ANSWERS✅ legally-enforceable rules that forbid certain conduct as being detrimental to the welfare of the state or general population, and provides punishment for their violation Civil Law CORRECT ANSWERS✅ deals with the disputes between individuals, organizations, or between the two, in which compensation is awarded to the victim Equity CORRECT ANSWERS✅ Does not involve a request for monetary damages Stare Decisis CORRECT ANSWERS✅ The doctrine that law should adhere to decided cases and stand by the decision Business Law CH 1-4 Questions and answers How did the Common Law spread across England? CORRECT ANSWERS✅ A system of "ridings" and "circuits" were developed so that judges could ride horses across the country and spread the law evenly and consistently. How did equity develop, both in England and the US? CORRECT ANSWERS✅ In England, equitable remedies developed due to their convenience and efficiency. When the king decided to use equity, the rulings were quick and absolute. Two separate systems of procedure were developed for suits in equity and suits in law, and it stayed that way until they were reunited by Parliament in 1873. In the US, most states kept the courts separate until the 20th century. Why has the US experienced an "orgy of statute-making," as it's described in the book? CORRECT ANSWERS✅ Legislators are more busy and as they make more statutory law there is more printed definition and less space for interpretation, and many common law principles are modified or removed by statues. This threatens the flexibility of the courts in applying common law remedies and taking into account the specific facts of a given case. Judicial Federalism CORRECT ANSWERS✅ 2 Justice systems; federal and state; when the federal and state conflict there is a preemption doctrine How would you characterize the respective caseloads of civil and criminal courts in the US? CORRECT ANSWERS✅ Considerably more civil cases; 40m civil cases v. 200k criminal cases due to general police power Jurisdiction CORRECT ANSWERS✅ the court's power or authority to conduct trials and decide cases Business Law CH 1-4 Questions and answers Venue CORRECT ANSWERS✅ the district or county which is the residence of a principal defendant, where a contract was executed or is to be performed, or where an accident took place. However, the parties may agree to a different venue for convenience (such as where most witnesses are located) subject matter jurisdiction CORRECT ANSWERS✅ answers the question of whether this particular court, out of a number that may have geographical jurisdiction, is the one within this judicial system that is responsible for hearing cases touching on the subject of the particular complaint geographical jurisdiction CORRECT ANSWERS✅ the action that gave rise to the dispute occurred within the geographical territory of the court What is the basic structure of the state judicial system? CORRECT ANSWERS✅ Three levels of court system: trial courts (where litigation is begun), intermediate appellate courts, and a final appellate court 1. State Supreme Court 2. Intermediate Reviewing Courts 3. Trial Court General Jurisdiction 4. Inferior Trial Courts (Small claims court, probate court, police court, municipal court, juvenile court, traffic court) What is the basic structure of the federal judicial system? CORRECT ANSWERS✅ 1. US Supreme Court: 9 that all hear cases together, sit en bare to decide cases, discretionary appeals via certiorari. Business Law CH 1-4 Questions and answers 2. US Courts of Appeals: 13, including one with no specific geographical jurisdiction (DC). Most are multi-state groupings; 3 judge panels, appeals of right, house patent copyright, and intellectual copyright cases 3. US District Courts: 94 across the US lines; must be completely within their state, but don't have to be based on population. The original jurisdiction courts of the federal system Appeal of Right CORRECT ANSWERS✅ a matter of due process of law everyone is entitled to one proverbial bite at the appellate apple Discretionary Appeal CORRECT ANSWERS✅ while the losers from the intermediate appellate courts may try to get into the highest court, that court often has a great deal of discretion, or choice, over which cases it does and does not hear. History of development of the federal judicial system CORRECT ANSWERS✅ Under the Articles of Federation, there were no federal courts. During this time, states were expected to control their own political and judicial systems, and state courts were expected to resolve all legal disputes whether they were local or involved multi-state interests. Federal courts were created in Article III of the Constitution. Erie doctrine CORRECT ANSWERS✅ In making decisions on interpretation or application of state law in diversity jurisdiction cases, district court judges are bound to apply the law of the state in which their court geographically resides by this doctrine, from the Supreme court case of Erie Railroad Co. v. Tompkins Business Law CH 1-4 Questions and answers unhappy about the way something was said, or they feel as if something was left out of the opinion that they want to correct dissenting opinions CORRECT ANSWERS✅ Sometimes, a justice in the minority wishes to provide and explanation for why they think the losing side in the case should have prevailed, or the winning side should have lost, which is usually tied to an interpretive mistake in the law that the justice feels has occurred. amount in controversy CORRECT ANSWERS✅ jurisdictional issue; the claim has to be within or a minimum of a certain amount selection of federal judges CORRECT ANSWERS✅ 1. they are appointed by the president 2. go through a confirmation process conducted by the US Senate 3. ultimately approved by the Senate, at which time they may take their position as a federal judge justiciability doctrines CORRECT ANSWERS✅ 1. Standing 2. Advisory opinions 3. Ripeness 4. Mootness 5. Political Questions Elements of standing CORRECT ANSWERS✅ the plaintiff must have suffered an individual injury in fact, or suffering of an injury must be clearly imminent; the cation of the defendant being challenged must be the cause in fact of the injury; Business Law CH 1-4 Questions and answers and the injury must be judicially redressable, i.e. the court have the power to do something about it for the plaintiff if relief is appropriate Elements of advisory opinions CORRECT ANSWERS✅ there must be two or more parities to a case, having separate and different interests in the matter before the court, and the parties interests must be adverse, meaning that they want truly different outcomes from the other if they win the case Element of ripeness CORRECT ANSWERS✅ whether the facts have sufficiently crystallized or become sufficiently concrete to allow for proper judicial resolution of the matter Elements of mootness CORRECT ANSWERS✅ justiciable case or controversy at time of filing, but events occurring after the filing have deprived the litigant of an ongoing stake in the controversy other limitations on the judiciary generally CORRECT ANSWERS✅ 1. If a case is terminated with prejudice, it means that the matter may not be brought up or re- litigated in the courts ever again. 2. Checks and Balances: the president chooses who sits on the bench and the senate has the power to accept or reject the nominee; legislation can reconsider and redraft a law that has been declared unconstitutional by the courts Significance of the Hertz case CORRECT ANSWERS✅ the Court supported the "nerve center" test for determining corporate citizenship Business Law CH 1-4 Questions and answers What Court of Appeals Circuit is NC in? CORRECT ANSWERS✅ #4, Maryland, WV, VA, NC, and SC How hard is it to get cert from the US Supreme Court? CORRECT ANSWERS✅ The court receives about 8,000 petitions for cert every year and only grants about 10% of them. A petition is rarely granted when the error consists of wrong factual findings or misapplication of stated rule of law. plaintiff CORRECT ANSWERS✅ the party who files a claim in a court defendant CORRECT ANSWERS✅ one who answers a complaint appellant CORRECT ANSWERS✅ the party who appeals from one court to another appellee CORRECT ANSWERS✅ the party against whom an appeal is filed long-arm statues providing in personam jurisdiction to out of state parties CORRECT ANSWERS✅ long arm statutes typically extend the personal jurisdiction of courts to cases in which a nonresident temporarily present in the state has caused a tort injury; also extend personal jurisdiction to cases arising out of the ownership of property located within the state a nonresident individual or a corporation may be subject to a suit for injuries if either has certain "minimum contacts" within the state as long as maintenance of the suit does not offend traditional notions of fair play and substantial justice Business Law CH 1-4 Questions and answers voir dire CORRECT ANSWERS✅ the process of questioning prospective jurors to determine qualifications and biases peremptory challenges CORRECT ANSWERS✅ an objection raised by a party to a lawsuit rejecting a prospective juror for which no reason need be given for the objection challenges for cause CORRECT ANSWERS✅ a request that a prospective juror be dismissed because there is a specific reason to believe the person cannot be fair, unbiased or capable of serving as a juror. It is usually made during the voir dire phase (questioning of the jurors) in a lawsuit. motion to dismiss CORRECT ANSWERS✅ determination based on the complaint whether there is law to support the cause of action motion on the pleadings CORRECT ANSWERS✅ determination as to whether there is a genuine issue as to any material fact based on the pleadings summary judgement CORRECT ANSWERS✅ determination as to whether there is a genuine issue as to any material fact based on affidavits and the pleadings JNOV CORRECT ANSWERS✅ a motion to the judge which in effect says that given the case provided by the winning party, no reasonable jury could have found in that party's favor as a matter of law, ex. if the plaintiff wins the case but presents no evidence supporting their burden of proof; after the judge rules JNOV, the losing party may appeal Business Law CH 1-4 Questions and answers Batson challenge burdens of proof in civil cases CORRECT ANSWERS✅ to have the court investigate and determine if a prohibited reason was behind the strike; if the court determines that it was, it may deny the peremptory challenge and leave that particular juror on the jury Batson case CORRECT ANSWERS✅ You can't use race as a means to dismiss a potential juror solely because of race (or if it appears that that might be what you're doing); you cannot use peremptory challenge on the basis of race role of Alternate Dispute Resolution (ADR) CORRECT ANSWERS✅ American law over the past several decades has increasingly emphasized more formal dispute resolution mechanisms which do not require judicial assistance enforceability of arbitration agreements in contracts CORRECT ANSWERS✅ The Federal Arbitration Act requires states to enforce arbitration agreements judicial review or arbitration decisions CORRECT ANSWERS✅ Judicial action may be necessary if either party refuses to submit the dispute to arbitration or refuses to carry out the terms of the award An arbitration award created through the voluntary arbitration process is deemed as final, so judicial review is not an option; judicial review is far more common in mandatory arbitration where parties are required by stature to arbitrate their dispute class action CORRECT ANSWERS✅ suit in which a person files suit on his or her own behalf and on behalf of all other persons who may have a similar claim Business Law CH 1-4 Questions and answers significance of the Class Action Fairness Act CORRECT ANSWERS✅ provided changes in the law which increased defendant's ability to remove state cases to the federal court system; federal courts under the act have subject matter jurisdiction for types of class actions where the amount in controversy exceeds $5,000,000 even if some plaintiffs are citizens of the same state as defendant minimal diversity CORRECT ANSWERS✅ diversity of citizenship of the parties to a lawsuit in which at least one plaintiff is a resident from a state different from at least one defendant compare complete diversity forms of ADR CORRECT ANSWERS✅ 1. Negotiation 2. Mediation: the process involving a third party's efforts to help disputing parties reach a settlement 3. Arbitration: the procedure used, as an alternative to litigation, to submit a dispute to one or more third parties who have authority to impose a resolution to the dispute Articles of Confederation CORRECT ANSWERS✅ Weaknesses - States were at economic warfare with each other; states clung to confederal power base - legislative branch was the only branch of government under the Articles Business Law CH 1-4 Questions and answers state action CORRECT ANSWERS✅ constitutional protections embedded in selective provisions of amendments to the constitution that apply only to instances where the government has acted political speech CORRECT ANSWERS✅ entitled to the greatest protection of all speech, it includes speech associated with matters of public interest commercial speech CORRECT ANSWERS✅ speech that relates to a business transaction takings clause CORRECT ANSWERS✅ where the government takes property for public use, the private owner is entitled to just compensation enumerated powers CORRECT ANSWERS✅ powers given to the federal government by the terms of the constitutional document; exclusive to the federal government including the power to regulate commerce, coin money, borrow on behalf of the government, establish bankruptcy laws, and enact laws about patents and copyrights implied powers CORRECT ANSWERS✅ Necessary and Proper Clause; congress shall have the power to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution... concurrent powers CORRECT ANSWERS✅ powers that are exercised by both federal and state governments Business Law CH 1-4 Questions and answers Significance of McCulloch v. Maryland CORRECT ANSWERS✅ the central legal question was whether Congress had and could legislate under a series of implied powers that it believed the Necessary and Proper Clause gave it to facilitate its enumerated powers further up in Article I, Section 8; In this case, the court ruled that the Necessary and Proper Claus was a broad grant of power to Congress, not a restriction commerce powers CORRECT ANSWERS✅ Foreign - regulating commerce with foreign nations Indian - regulate commerce with Native American tribal governments Interstate - legislation and regulatory power over trade between the states Gibbons v. Ogden CORRECT ANSWERS✅ congress' power to regulate interstate commerce was inclusive of movement of goods, or navigation Houston East & West Texas Railway Co. v. US CORRECT ANSWERS✅ part of the Shreveport Rate Cases; established the close and substantial relation test Stafford v. Wallace CORRECT ANSWERS✅ court creates the stream of commerce standard or test for gauging an intrastate actor's effect on interstate commerce Lochner-era cases CORRECT ANSWERS✅ strike down strict laws about safety and employment, worker safety, minimum wage and child labor laws Business Law CH 1-4 Questions and answers Roosevelt's Court-Packing Plan and the Switch in Time that Saved Nine CORRECT ANSWERS✅ defeats for key new deal legislation to expand Supreme court to dilute the power of the 5-Justice "anti-New Deal alliance;" didn't work NLRB v. Jones & Laughlin Steel Corp CORRECT ANSWERS✅ the Commerce Clause does empower Congress to regulate labor relations due to the close and substantial relation to which large-scale companies have with interstate commerce Wickard v. Filburn CORRECT ANSWERS✅ the court created and applied the aggregation doctrine; one farmer's overproduction of crops may not have an effect on the economy, but multiple farmers doing the same thing is aggregated and it becomes more severe US v. Lopez CORRECT ANSWERS✅ "New Judicial Federalism"; the court ruled agains congress use of the interstate commerce clause in its passage of the federal Gun Free School Zones Act of 1990 constitutional question in Heart of Atlanta Motel v. US CORRECT ANSWERS✅ Was racial discrimination the subject of the federal legislation, interstate commerce? the appropriate connection to interstate commerce was enough to uphold Congress' actions, despite other interpretations of Congress' intention that may be argued or apply