Miscellaneous Quiz / Business Law Midterm

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Remedy natural law proponents use to change positive law
The power to regulate commerce with foreign nations, and among the several states, with the Indian tribes
Quality of the evidence in a case that allows it to be presented to the jury
A federal statute prohibiting combinations and contracts in restraint of interstate trade, now generally inapplicable to labor union activity
Set of laws enforced by individuals and businesses.(includes agreements made in contracts)
A pleading to dismiss the adverse partys pleadings for not stating a cause of action or a defense
Witness with some special expertise(economist who gives opinion on the value of future lost income)
Law enacted and codified by governmental authority(standard for ethical behavior
obligation of law imposed on a person to perform or restrain from an act
Term used when a decision maker views a problem from different perspectives and measure the impact of a decision on various groups
What a defendant must file to admit or deny facts asserted by the plaintiff
Admission of experts testimony and research that has not been properly conducted
A system of principles to guide human conduct independent of, and sometimes contrary to, enacted law and discovered by mans intelligence
New court proceedings, necessary to provide the constitutional right to a jury trial by allowing an appeal to proceed as though there had never been any prior hearing or decision
Dry run or mock trial in which the lawyers present their claims before a jury of 6 people
asking the court for damages as a result of the underlying dispute
Terminated the trial and requires that it start over with a new jury
The order or patter of rules that society uses to govern the conduct of individuals and their relationships
Using precedent and following decisions in similar cases(judges have flexibility)
Final court in the federal system
Party that initiates the proceedings in a court
Examination of a witness by his/her attorney
Statements by opposing attorneys that tell the jury what their cases will prove
Highest court in most states
body of principles that establishesthe structure of a govt. and the relationship of the govt. with the people who are governed
Primary officer of the court, elected or appointed official
The ability to control price and exclude competitors
Description of the wrongful conduct and a request for damages(money)
Power possessed by states to protect the general welfare, health, safety and moral of people
Request to the court to dismiss the lawsuit on the grounds that there is no right of recovery
Testimony of a witness taken under oath outside the courtroom, transcribed by a court reported
Branch of philosophy with values that relate to the nature of human conduct and values associated with that conduct
Adherence to ones values and principles despites the costs and consequences
Discovery tool for uncovering paper evidence in a case
Procedures for ascertaining facts prior to the time of trial in order to eliminate the element of surprise in litigation
Authority to hear only particular kinds of cases(bankruptcy courts, U.S.Tax courts)
Time honored rules of the community
fourth amendment, gives the right to be secure against unreasonable searches and seizure by the govt.
body of citizens sworn by a court to reach a verdict on the basis of the case being presented to them
Hears cases that dont meet the jurisdictional requirement for federal district court
The term used when the appelate court sets aside the verdict or judgement of a lower court
Preliminary examination of a juror or a witness to ascertain fitness to act as such
Using prior inconsistent evidence to challenge the credibility of a witness
Judicial authority to hear a particular type of case
The court with authority to conduct first preceedins in a case
Provides a guarantee of protection against loss or property or rights without the chance to be heard
Powers expressly granted the national government by the Constitution
Direction by the trial judge to the jury to return a verdict in favor of a specified party to the action
Privilege of confidentiality, lawyers cant disclose what their clients tell them, unless they plan to commit a crime
Party initiation the proceedings in a criminal case with changes
Written questions used as a discovery tool that must be answered under oath
Three part government
Means that a person going into another state is entitiled to make contracts, own property and engage in business to the same extent as citizens of the state
Strict constitutionalist or originalist view, the purpose of a constitution is to state certain fundamental principles for all time
The power to hear cases
Executes and enforces laws(President)
The carrying out of a judgement of a court, generally directing that property owned by the defendant be old and the proceeds first be used to pay the execution or judgement credito
Laws that guard against unfairness in corporate takeover situations
three times the damages actually sustained
Conduct that compromises the loyalty an employee has to their company
Specifies the steps that must be followed to enfore the rights/liabilities
Those who have a stake, or interest, in the activities of a corporation (employees, members of community, vendors, customers)
When parties hire a judge to hear the case(judges decision is binding unless reverses on appeal)
Given if the verdict is cleary wrong(court can enter a new judgement)
Interprets the laws(Courts)
Party against whom the proceedings are brought
General trial courts of the federal system(hears both criminal and civil cases)
Tribunal establishedby govt. to hear and decide matter, provide remedies when wrong has been committed, and prevent wrongs from happening
preliminary review of those cases appealed to devide which one will be heard or allowed to stand
Disposes of matters before they reach court
Reviews the work of a lower court(hears appeals)
a law making criminal an act that was lawful when done or that increases the penalty when done. (prohibited by constitutional provisions)
Flexible standar of ethics that considers circumstanced and motivation before attaching the label of right or wrong to conduct
Action take by an appellate court that approves the decions of the court below
Given by the court to the jury indicating the appropriate law to apply
When judges examine cases from a timeline perspective
Neutral person acts as a messenger between opposing sides of a dispute, carrying to each side the latest settlement made by the other
the anticompetitive practice of requiring buyers to purchase one product in order to get another
The body of principles that orginally developed because of the inadequacy of the rulse then applied by the Common law courts of England
Courts that resolve disputes between parties when those disputed do not exceed a minmal level(no lawyers are permitted, parties represent themselves)
A decision of a court that stands as the law for a particular problem in the future
The settlement of disputed questions, whether of law or fact, by one or more arbritrators by whose decision the parties agree to be bound
principles expressed for the first time in court decisions
Makes Laws(Congress)
Common method of satisfying a judgement
A federal statute designed to eliminate price discrimination in interstate commerce
Legal capacity to require another person to perform or refrain from performing an act
Summarize the case and suggest a particular verdict be returned by the jury
Balancing the goal of profits with values of individuals and society
Mistake applying the law or mistake in admitting evidencethat affected the outcome of the case
A third person or a committee makes out-of-court determinations of the rights of the persons
Powers held by both state and national governments
The federal governements superior regulatory position over state laws on the same subject area.
A constitution is merely a statement of goals and objectives and is intended to grow and change with time
Appeal decision made by the circuits full panel of judges
Broad authority over different types of cases(both general and criminal cases)
A court order to dispose of interests that could lead to a monopoly
Shortened trial which simply disputed part of a case
A pleading that may be filed to attack the adverse partys pleading as not stating a cause of action or defense
legislative acts declaring, commanding or prohibiting something
Examination made of a witness by the attorney for the adverse party
Examination by the other sides attorney that follows the redirect examination
Above all do no harm
Public official who received complaints and offers recommendations for improvements
A two house form of the legislative branch of government
A federal Law that prohibits price discrimination
When a case has no material facts in dispute(matter of law)
Review of the trial end decision of the lower court(no witnesses or testimony, 3 judges)
The charging practice of a seller of different prices to different buyers for commodities of similar grade and quality, resulting in reduced competition or a tendency to create a m
All documents filed in the beginning part of the case
Creates, defines and regulated rights
Term used when an appelate court sends a case back to trial court for additional hearings or a new trial
Rules promulgated by state and federal administrative agencies
Includes copy of complaint and notification that the defendant must appear and respond to the allegations
Questioning after cross examination-the attorney for the witess testifying may ask the same witness other questions
A central government has power to address national concerns, while individual states retain power to handle local concerns
Parties dont go trough the complex, lengthy and formal procedures of trial.(administrative judge performs relaxed hearing)
New form of resolution where the arbitrator also acts as the messenger
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Created Oct 19, 2010ReportNominate
Tags:Nintendo Quiz, Law

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