Business Law- Baylor Agee- Final Exam 2023 Solved
Correctly;(New updated questions and answers)
What are the functions of law
to resolve disputes, protect property, preserve the state (government)
Substantive law
creates, defines, and regulates legal rights and duties
Procedural law (process)
sets forth rules of enforcing those rights that are created by the substantive laws
Public law
laws that deal with the government's rights and powers and it relationship to individuals
or groups
Private law
part of substantive law governing individuals and legal entities (such as corporations) in
their relationship with one another
Civil law (private)
defendant must be proved guilty with the preponderance of the evidence
Criminal law (public)
defendant must be proved guilty beyond reasonable doubt
Judicial review
Allows the court to determine the constitutionality of laws
stare decisis
"let the decision stand"
equitable remedies
Injunctions, precision, restitution, and any other relief which the court deems proper
restatement of law
summaries of the common law; covers many areas; it is persuasive but not binding on
courts
Legislative law
Law created by lawmaking bodies such as Congress and state assemblies. Also called
statutory law.
Uniform laws
state statutes that have been passed to promote uniformity in some areas of the law.
EX: UCC
Administrative law
Branch of public law, governs powers and procedures of governmental entities. Law is
created by administrative agencies in forms of rules, regulations and order
Case citation
Name of plaintiff and defendant, volume and page of reporter, and year of decision
Court system order
(District) Trial courts -> Courts of Appeals -> Supreme court
Inferior courts
Municipal, justice of the peace, small claims
Special Courts
, US court of claims, US bankruptcy court, US Tax court. Usually have exclusive federal
jurisdiction for particular type of case
Subject matter Jurisdiction
"will the case be tried in federal or state court?"
Jurisdiction over parties
"will the judgement of the court be binding on the parties?"
3 kinds of SMJ
Exclusive Federal jurisdiction, Concurrent jurisdiction, Exclusive State jurisdiction
Exclusive Federal jurisdiction
if ONLY a federal court can decide controversy, then have EXCLUSIVE federal
jurisdiction
Concurrent Jurisdiction
if EITHER state court or federal can decide case, then have CONCURRENT
jurisdiction. 2 situations of concurrent jurisdiction
federal question (concurrent)
the dispute arises under the US constitution, federal statutes that do NOT require
exclusive federal jurisdiction, or treaties. Ex: First Amendment violation (freedom of
speech); Title VII discrimination law
diversity of citizenship (concurrent)
Normally occurs when plaintiff & defendant are citizens of different states; to avoid
"home court" advantage
exclusive state jurisdiction
all other matters not granted to Federal courts in constitution or by Congress ex: DoC
but the amount is under $75,000
in Personam (personal) jurisdiction
based on claims against a person, in contrast to jurisdiction over property. Usually
obtain by serving process over person in state, by either domicile or temporarily
present. Can also be by consent
Long arm statute
are state laws that allow personal jurisdiction over non-resident defendants so long as
"does not offend traditional notions of fair play and substantial justice" Basically follow
SCt decisions of what are "minimum contacts"
In rem jurisdiction (property law)
jurisdiction is based on claims against property. Ex: dispute over ownership of real
property located in Texas
Quasi in rem jurisdiction or attachment jurisdiction
jurisdiction over property not based on claims against it; Ex: Property seized to satisfy
unrelated claim or lawsuit
Plaintiff
petition or complaint, sets out who are the parties and why he is suing; also contains
info showing why the court has jurisdiction
Defendant
answer or reply; generally denying liability
Default judgement
Once served lawsuit papers, defendant must timely answer or he will lose without ever
having his day in court
Correctly;(New updated questions and answers)
What are the functions of law
to resolve disputes, protect property, preserve the state (government)
Substantive law
creates, defines, and regulates legal rights and duties
Procedural law (process)
sets forth rules of enforcing those rights that are created by the substantive laws
Public law
laws that deal with the government's rights and powers and it relationship to individuals
or groups
Private law
part of substantive law governing individuals and legal entities (such as corporations) in
their relationship with one another
Civil law (private)
defendant must be proved guilty with the preponderance of the evidence
Criminal law (public)
defendant must be proved guilty beyond reasonable doubt
Judicial review
Allows the court to determine the constitutionality of laws
stare decisis
"let the decision stand"
equitable remedies
Injunctions, precision, restitution, and any other relief which the court deems proper
restatement of law
summaries of the common law; covers many areas; it is persuasive but not binding on
courts
Legislative law
Law created by lawmaking bodies such as Congress and state assemblies. Also called
statutory law.
Uniform laws
state statutes that have been passed to promote uniformity in some areas of the law.
EX: UCC
Administrative law
Branch of public law, governs powers and procedures of governmental entities. Law is
created by administrative agencies in forms of rules, regulations and order
Case citation
Name of plaintiff and defendant, volume and page of reporter, and year of decision
Court system order
(District) Trial courts -> Courts of Appeals -> Supreme court
Inferior courts
Municipal, justice of the peace, small claims
Special Courts
, US court of claims, US bankruptcy court, US Tax court. Usually have exclusive federal
jurisdiction for particular type of case
Subject matter Jurisdiction
"will the case be tried in federal or state court?"
Jurisdiction over parties
"will the judgement of the court be binding on the parties?"
3 kinds of SMJ
Exclusive Federal jurisdiction, Concurrent jurisdiction, Exclusive State jurisdiction
Exclusive Federal jurisdiction
if ONLY a federal court can decide controversy, then have EXCLUSIVE federal
jurisdiction
Concurrent Jurisdiction
if EITHER state court or federal can decide case, then have CONCURRENT
jurisdiction. 2 situations of concurrent jurisdiction
federal question (concurrent)
the dispute arises under the US constitution, federal statutes that do NOT require
exclusive federal jurisdiction, or treaties. Ex: First Amendment violation (freedom of
speech); Title VII discrimination law
diversity of citizenship (concurrent)
Normally occurs when plaintiff & defendant are citizens of different states; to avoid
"home court" advantage
exclusive state jurisdiction
all other matters not granted to Federal courts in constitution or by Congress ex: DoC
but the amount is under $75,000
in Personam (personal) jurisdiction
based on claims against a person, in contrast to jurisdiction over property. Usually
obtain by serving process over person in state, by either domicile or temporarily
present. Can also be by consent
Long arm statute
are state laws that allow personal jurisdiction over non-resident defendants so long as
"does not offend traditional notions of fair play and substantial justice" Basically follow
SCt decisions of what are "minimum contacts"
In rem jurisdiction (property law)
jurisdiction is based on claims against property. Ex: dispute over ownership of real
property located in Texas
Quasi in rem jurisdiction or attachment jurisdiction
jurisdiction over property not based on claims against it; Ex: Property seized to satisfy
unrelated claim or lawsuit
Plaintiff
petition or complaint, sets out who are the parties and why he is suing; also contains
info showing why the court has jurisdiction
Defendant
answer or reply; generally denying liability
Default judgement
Once served lawsuit papers, defendant must timely answer or he will lose without ever
having his day in court
