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PCC Business Law (Dossin) Questions & Answers

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PCC Business Law (Dossin) Questions & Answers The definition of law A body of rules and conduct with legal force and effect set forth by the government of society The three components of the definition of law Rules of Conduct With legal force and effect Set forth by the government ...

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  • October 28, 2024
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PCC Business Law (Dossin) Questions
& Answers
The definition of law - answer A body of rules and conduct with legal force and effect
set forth by the government of society

The three components of the definition of law - answer Rules of Conduct
With legal force and effect
Set forth by the government

What are two sources of law - answer Common law
Statutory law

What is statutory law? - answer Laws enacted by a legislative body

What is common law? - answer The body of law developed from custom or judicial
decisions in English and US courts

What is case law? - answer Rules of law announced in court decisions

What is precedent? - answer A court decision that furnishes an example or authority
for deciding subsequent cases involving identical or similar facts.

What is stare decisis? - answer A doctrine of the courts under which judges are
OBLIGATED to follow the precedent established within their jurisdictions

What are the five advantages of stare decisis? - answer Efficiency
Uniformity
Consistency
Stability
Predictability

What is jurisdiction? - answer The authority of a court to hear and decide a specific
action

What are the three types of jurisdiction? - answer Over the people
Over the property
Over the subject matter

What is the geographic limitations on a state appellate courts jurisdiction? - answer
The boundary lines of that state

,Under stare decisis is a court obligated to follow a decision from another jurisdiction? -
answer No. A ruling from another jurisdiction is only persuasive authority and not
binding authority

Under what four circumstances may a court ignore the mandate of stare decisis and
deviate from legal precedent? - answer Change in public policy
The particular law at issue has become illegal
A law is no longer just
Changes in society

What is the supreme law of the land? - answer U.S. Constitution

What do we call a us Supreme Court case in which the ruling deviates from stare
decisis? - answer A landmark decision

What are the four general areas of law - answer Civil
Criminal
Administrative
International

What determines the area of law we seek to use to help with a problem? - answer
The outcome we desire

What is a lawsuit? - answer A judicial proceeding for the resolution of a dispute
between parties in which rights are enforced or protected, wrongs are prevented or
redressed, or public offenses are prosecuted

Generally under what two circumstances does a lawsuit arise? - answer One party
have been wronged
A dispute exists

What is ambiguity? - answer A statement in a written document (contract or statute)
that is unclear to the extent that it has two possible interpretations

What is a breach? - answer A failure to perform a legal obligation (also known as a
legal duty)

What is a C/A? FA - answer Cause of Action- a situation or state of facts that gives a
person a right to initiate a lawsuit

Who are the parties to a civil lawsuit - answer Plaintiff
Defendant
(Counter)

The ten general steps that a typical civil lawsuit follows from start to finish - answer
Event causing problem

, Drafting complaint
Filing of complaint
Service on defendant
Filing of answer and counterclaim
Filing of answer to CC
PT motions, PTC, and Discovery
Perhaps ADR
Trial verdict / opinion & judgement
Enforcement of judgement

Who are the parties to an appeal? - answer Appellant, Appellee

What is a remedy? - answer The relief given to an innocent party by law or by
contract to enforce a right or to prevent or compensate a wrong

What are the two types of remedies available to a prevailing party in a civil lawsuit? -
answer Legal and equitable

Are courts of law separate from courts of equity? - answer No. Today in most states
the courts are merged and the same court can award both legal and equitable remedies

Can a plaintiff seeking an equitable remedy in his lawsuit have a jury trial? - answer
No. Equity can only be ruled on by a judge

What are two types of injunctions? - answer Prohibitive, Mandatory

What are pleadings? - answer The written papers drafted by the lawyers for the
parties and filed with the court in a lawsuit that detail the facts, charges, and defenses in
a lawsuit. Pleadings include the complaint, the answer, the counter claim, the answer to
the counter claim, and certain PTM

What is the name of the official court document that is served on the defendant along
with a copy of the complaint in a lawsuit and notifies the defendant that a lawsuit has
been filed against him and that he must file an answer within the time allowed under the
court rules or risk a Default Judgement being entered against him? - answer
Summons

What is judgement? - answer The final order of the court what the lawsuit has been
completed which establishes the outcome of the lawsuit with finality. The judgement is
the actual document that the prevailing party can enforce to receive the remedy that he
was awarded from the lawsuit.

Step one in the process of a civil lawsuit - answer Some event occurs that is so
serious and so damaging that it gives rise to a lawsuit to get a remedy in court. this is
called a cause of action

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