BUL 3130 Exam 1 – 2026 – Study Guide and Exam
Review Material
moral minimum - correct answer ✔✔ the minimum degree of ethical behavior expected of a
business firm, which is usually defined as compliance with the law
plaintiff - correct answer ✔✔ one who initiates a lawsuit
defendant - correct answer ✔✔ one against whom a lawsuit is brought or the accused person in
a criminal proceeding
persuasive authorities - correct answer ✔✔ any legal authority or source of law that a court
may look to for guidance but need not follow when making a decision. when a new case or
situation appears in court.
binding authority - correct answer ✔✔ any source of law that a court must follow when
deciding a case. includes constitution, statutes, regulations, as well as court decisions that are
controlling precedents within the jurisdiction
appeal - correct answer ✔✔ take the decision to superior court
appellant - correct answer ✔✔ the party who takes an appeal from one court to another
appellee - correct answer ✔✔ the party against whom an appeal is taken - the party who
opposes setting aside or reversing the judgement
judicial review - correct answer ✔✔ process by which courts decide on the constitutionality of
legislative enactments and actions of the executive branch
, jurisdiction - correct answer ✔✔ authority of a court to hear and decide a specific action
venue - correct answer ✔✔ geographical district in which an action is tried and from which the
jury is selected - appropriate location for a trial
concurrent jurisdiction - correct answer ✔✔ jurisdiction that exists when a case can be heard in
two different courts. federal or state court.
ex. diversity of citizenship
exclusive jurisdiction - correct answer ✔✔ jurisdiction that exists when a case can be heard only
in a particular court or type of court, such as federal or state court
ex. state: divorce and adoption
federdal: federal crimes, bankruptcy, lawsuits against the U.S, copyright claims
summons - correct answer ✔✔ document informing the 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. usually delivered by a sheriff/authority
writ of certiorari - correct answer ✔✔ order issued by the supreme court to a lower court
requiring the latter to send it the record of the case for review. the court will not issue a writ
unless at least 4 out of 9 of the justices approve of it
counterclaim - correct answer ✔✔ a claim made by the defendant in a civil lawsuit that in effect
sues the plaintiff
motion - correct answer ✔✔ a procedural request submitted to the court by an attorney on
behalf of his or her client. comes with a notice of motion
Review Material
moral minimum - correct answer ✔✔ the minimum degree of ethical behavior expected of a
business firm, which is usually defined as compliance with the law
plaintiff - correct answer ✔✔ one who initiates a lawsuit
defendant - correct answer ✔✔ one against whom a lawsuit is brought or the accused person in
a criminal proceeding
persuasive authorities - correct answer ✔✔ any legal authority or source of law that a court
may look to for guidance but need not follow when making a decision. when a new case or
situation appears in court.
binding authority - correct answer ✔✔ any source of law that a court must follow when
deciding a case. includes constitution, statutes, regulations, as well as court decisions that are
controlling precedents within the jurisdiction
appeal - correct answer ✔✔ take the decision to superior court
appellant - correct answer ✔✔ the party who takes an appeal from one court to another
appellee - correct answer ✔✔ the party against whom an appeal is taken - the party who
opposes setting aside or reversing the judgement
judicial review - correct answer ✔✔ process by which courts decide on the constitutionality of
legislative enactments and actions of the executive branch
, jurisdiction - correct answer ✔✔ authority of a court to hear and decide a specific action
venue - correct answer ✔✔ geographical district in which an action is tried and from which the
jury is selected - appropriate location for a trial
concurrent jurisdiction - correct answer ✔✔ jurisdiction that exists when a case can be heard in
two different courts. federal or state court.
ex. diversity of citizenship
exclusive jurisdiction - correct answer ✔✔ jurisdiction that exists when a case can be heard only
in a particular court or type of court, such as federal or state court
ex. state: divorce and adoption
federdal: federal crimes, bankruptcy, lawsuits against the U.S, copyright claims
summons - correct answer ✔✔ document informing the 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. usually delivered by a sheriff/authority
writ of certiorari - correct answer ✔✔ order issued by the supreme court to a lower court
requiring the latter to send it the record of the case for review. the court will not issue a writ
unless at least 4 out of 9 of the justices approve of it
counterclaim - correct answer ✔✔ a claim made by the defendant in a civil lawsuit that in effect
sues the plaintiff
motion - correct answer ✔✔ a procedural request submitted to the court by an attorney on
behalf of his or her client. comes with a notice of motion
