MGMT 246- EXAM 1 CSUF|UPDATED&VERIFIED|100% SOLVED|GUARANTEED SUCCESS

Reformation -change the terms of a writing (contract/deed) Legal Philosophy how judges apply law to disputes Naturalist School -God given right -an unjust law is no law at all -more inclined to change Positivist School -law of the land -the written law of a society at a given time is the law -less inclined to change Historical School -back in time -less inclined to change Legal Realism -accommodation over time -shaped by social forces & needs -more inclined to change What is the Supreme Law of Land ? Constitution Injunction stop engaging in activities -restraining order Specific Performance -when $ is insufficient -rare item Recession -cancellation of a contract obligation plaintiff vs defendant law petitioner vs respondent equity Judicial Review -check on other 2 branches of govt. stare decisis -let the decision stand -judges must be consistent When beginning a lawsuit, you must have.... jurisdiction In personam jurisdiction jurisdiction over the person In Rem Jurisdiction jurisdiction over property(thing) -binding Subject Matter Jurisdiction the power of a court to hear a particular type of case Long Arm Statutes the court can exercise jurisdiction over out-of-state defendants if they had sufficient minimum contacts to warrant it General Subject Matter Jurisdiction A court's authority to hear and decide a broad range of cases. Limited Subject Matter Jurisdiction federal courts can only hear cases that arise under Congress grant of power courts of limited jurisdiction Probate(state) Family Law(state) small claims ($) Bankruptcy (federal) original jurisdiction -where case originates -where arguments are made appellate jurisdiction review court -focuses on questions of Law NOT fact exclusive jurisdiction when only the STATE of FEDERAL court has jurisdiction concurrent jurisdiction when BOTH federal & state courts have jurisdiction Summons notifies defendant Complaint Short statement of facts establishing jurisdiction Answer the defendant's response to the complaint motion to dismiss -filed by any party: usually by defendant -failure to state a claim complaint -not properly served -court lacks jurisdiction -violation of the statute of limitations Motion for summary judgements -grant a judgement in party's favor without trial-either party Discovery Before the trial begins the parties can know what ppl will testify to, what they will say depositions -Parties & Witnesses- lawyer can use -helps prepare for that and evaluate witnesses Interrogatories -ONLY parties -written questions that are answered by written answers and signed under oath Request for Documents time cards, health forms, medical records -must be present before time of final Request for Admissions -admit/deny the truth -removes disputable issues & shortens time for trial Requests for Examination When the physical or mental condition of a party is in question, the opposing party may request a third-party physical or mental examination. Direct Examination of Witnesses asking your witness questions Cross Examination of Witnesses asking questions of the other party's witnesses Preponderance of the Evidence applied in civil cases -Plaintiff shows her claim more likely true than not Beyond a Reasonable Doubt applied in criminal cases -A higher standard, not all doubt but reasonable doubt Statute of frauds some agreements most be in writing in order to be enforceable Statute of Limitations must be filed in timely fashion