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Business Law 2

What is the definition of a court? Court: is a tribunal established by government to hear and decide matters brought before it, provide remedies when a wrong has been committed, and prevent possible wrongs from happening.
What relief is sought in a court of law? What relief is sought in a court of equity? Prison and fines. Monitary and assets
What is jurisdiction? Where does this authority come from? Can jurisdiction be waived? Jurisdiction is the power to hear cases. Jurisdiction can NOT be waved
What is subject matter jurisdiction? What is original jurisdiction? Subject matter jurisdiction: covers the type of proceedings that the court holds. Based on substance of the case. Original jurisdiction: trial court or the court with the authority to conduct the first proceedings in a court
What is appellate jurisdiction?
What is personal jurisdiction? Why is it necessary? How do we obtain personal jurisdiction over a defendant?
What about an out-of –state defendant, what do we use to bring them into court? What is the basis or test for bringing an out-of-state defendant into court?
What is due process and what are the due process requirements in the court system?
What is venue? Can venue be waived?
What are the three levels of courts in the federal court system? What are the three levels of courts in the state court system?
Which courts are trial courts? What does a trial court do?
What does an appellate court do?
What are the 3 ways a civil case gets into federal court?
How does a federal judge get his job? What about state court judges?
How does a case come before the U.S. Supreme Court? What is a Writ of Certiorari? What is the Rule of Four?
What two threshold questions must be answered before a case can begin? Why are these important?
What are the 4 privileged/confidential relationships recognized in law? What do you know about each? (to whom does the privilege belong or which party can waive the privilege?)
What are the three phases of civil litigation?
What happens in the pre-trial phase?
How does a lawsuit begin? What are these documents called? (....pleadings)
What is discovery? What are the four methods of discovery that we discussed?
What is a deposition and who can give a deposition?
What are interrogatories and who can be required to answer interrogatories?
What do we call jury selection?
Why does the plaintiff go first? What is that?
What is the requirement for evidence to be presented for the consideration of the jury? Define.
What are the two kinds of evidence? Define.
What is the Doctrine of Res Judicata? What is the significance of this doctrine?
What are the two ways to enforce a judgment? Define.
What is the process called for resolving a dispute outside the courtroom?
What two types of alternative dispute resolution did we discuss in class? Define each and name the strengths and weaknesses of each.
What is general jurisdiction? What is limited jurisdiction? General jurisdiction: has a broad authority over different types of cases. Limited jurisdiction: has the authority to hear only particular types of cases
Created by: pwg31
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