LAW AND BUSINESS EXAM 1, WELKER, USF, BUL 3320 QUESTIONS WITH ANSWERS UPDATED
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Module
LAW AND BUSINESS WELKER, USF, BUL 3320
Institution
LAW AND BUSINESS WELKER, USF, BUL 3320
LAW AND BUSINESS EXAM 1, WELKER, USF, BUL 3320 QUESTIONS WITH ANSWERS UPDATED
Writ of Certiorari - Answer-An official notice that the Supreme Court will review a case.
Federal Question - Answer-Type of Jurisdiction of Federal Courts: Cases arising under the U.S. Constitution, treaties, and fede...
LAW AND BUSINESS EXAM 1, WELKER,
USF, BUL 3320 QUESTIONS WITH
ANSWERS UPDATED
Writ of Certiorari - Answer-An official notice that the Supreme Court will review a case.
Federal Question - Answer-Type of Jurisdiction of Federal Courts: Cases arising under
the U.S. Constitution, treaties, and federal statutes and regulations.
Diversity of Citizenship - Answer-Type of Jurisdiction of Federal Courts: Cases between
citizens of different states or between a citizen of a state and a citizen or subject of a
foreign country.
Venue - Answer-A concept that requires lawsuits to be heard by the court with
jurisdiction that is nearest the location in which the incident occurred or where the
parties reside.
Article III - Answer-Article of the U.S. Constitution that provides that the federal
government's judicial power is vested in one "Supreme Court".
Long-Arm Statute - Answer-A statute that extends a state's jurisdiction to nonresidents
who were not served a summons within the states.
Forum-Selection Clause - Answer-A contract provision that designates a certain court to
hear any dispute concerning nonperformance of the contract.
Choice-of-Law Clause - Answer-A contract provision that designates a certain state's
law or country's law that will be applied in any dispute concerning nonperformance of
the contract.
Exclusive Federal Jurisdiction - Answer-Jurisdiction that is usually untouchable by the
state courts, but can also be vice versa.
Voir Dire - Answer-The process whereby the judge and attorneys ask prospective jurors
questions to determine whether they would be biased in their decisions.
Deposition - Answer-Discovery: Oral testimony given by a deponent, either a party or
witness
Interrogatories - Answer-Discovery: Written questions submitted by one party to the
other party of a lawsuit.
, Production of Documents - Answer-Discovery: Copies of all relevant documents
obtained by a party to a lawsuit from another party upon order of the court.
Physical/Mental Examination - Answer-Discovery: Court-ordered examination of a party
where injuries are alleged that could be verified or disputed by such examination.
Statute of Limitations - Answer-A statute that establishes the period during which a
plaintiff must bring a lawsuit against a defendant.
Motion for Judgement on the Pleadings - Answer-A motion that alleges that if all the
facts are presented in the pleadings are taken as true, the party making the motion
would win the lawsuit when the proper law is applied to these asserted facts.
Settlement Conference - Answer-A hearing before a trail in order to facilitate the
settlement of a case.
Natural Law - Answer-School of Jurisprudential Thought: Postulates that law is based
on what is "correct". It emphasizes a moral theory of law-- that is, law should be based
on morality and ethics.
Historical - Answer-School of Jurisprudential Thought: Believes that law is an aggregate
of social traditions and customs.
Analytical - Answer-School of Jurisprudential Thought: Maintains that law is shaped by
logic.
Sociological - Answer-School of Jurisprudential Thought: Asserts that the law is a
means of achieving and advancing certain sociological goals.
Command - Answer-School of Jurisprudential Thought: Believes that the law is a set of
rules developed, communicated, and enforced by the ruling party.
Critical Legal Studies - Answer-School of Jurisprudential Thought: Maintains that legal
rules are unnecessary and that legal disputes should be solved by applying arbitrary
rules based on fairness.
Law and Economics - Answer-School of Jurisprudential Thought: Believes that
promoting market efficiency should be the central concern of legal decision making.
Law Courts - Answer-When a uniform set of laws first started to appear in courts, these
were where judges would administer the law in a uniform matter. Law at this time
tended to emphasize the form (legal procedure) over the substance (merit) of a case.
Chancery (Equity) Courts - Answer-This type of court was established because of some
unfair results stemming from the original type of court. Here they would prefer the
substance (merit) of the case over the form (legal procedure).
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