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Legal Environment BUSA- Samford University- Exam 1- Trippe Questions and Answers Fully Solved 100%

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Legal Environment BUSA- Samford University

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Legal Environment BUSA- Samford University

Personal Jurisdiction - ️️the power of the court over the person and the property of the plaintiff in and the defendant Subject Matter Jurisdiction - ️️The power of the court to hear and decide a particular type of case 3 ways to be served - ️️1. County Sheriff serves the defendant ...

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legal environment busa samford university exam 1

Institution Legal Environment BUSA- Samford University
Course Legal Environment BUSA- Samford University

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Legal Environment BUSA- Samford
University- Exam 1- Trippe
Personal Jurisdiction - ✔️✔️the power of the court over the person and the property of
the plaintiff in and the defendant

Subject Matter Jurisdiction - ✔️✔️The power of the court to hear and decide a
particular type of case

3 ways to be served - ✔️✔️1. County Sheriff serves the defendant
2. Certified Mail— signed mail delivery
3. Special Process Server appointed by the court

the moment they are served they presume _________ jurisdiction - ✔️✔️personal

Remedies or solutions - ✔️✔️Money damages or monetary remedies or Equitable
remedies— non-monetary remedies

Money damages or monetary remedies - ✔️✔️compensatory damages, punitive
damages, or nominal damages (T-swift)

Equitable remedies— non monetary remedies - ✔️✔️injunction, specific performance,
the sale of unique personal property, rescission, restitution, reformation

Common Law - ✔️✔️Judge made law because it is based on a past judges decision

Common Law- Stare Decisis - ✔️✔️Stand on the decision or stand by the decision

3 things I need to know about the common law - ✔️✔️1. gives the law stability,
consistency, and stability
2. Sometimes there is not a precedence for your type of case (example: frozen
embryos)
3. It is flexible and therefore precedence can be changed

Due Process - ✔️✔️Everyone involved in litigation has the right of due process

Due Process is an ________ right - ✔️✔️express

2 things to note about due process - ✔️✔️1. Everyone is entitled to notice of the legal
proceeding against him
2. Everyone is entitled to an opportunity to be heard

, The 2 parts of a Civil Law Suit - ✔️✔️Plaintiff and Defendant

Constitution - ✔️✔️Expressed Rights and Implied Rights

Implied Rights - ✔️✔️Suggested by the document— if you read between the lines the
right is implied

Examples of Implied Rights - ✔️✔️Right of Privacy and if a law that is passed that
infringes on those rights we have the right to challenge those rights.

Statue - ✔️✔️A law passed by our elected legislature

Statue- 3 things of the law - ✔️✔️1) We can pass a new law when we need one
2) You can amend a law if it needs to be changed (updated or modified)
3) You can repeal or cancel a law when it is no longer needed

5 minimum contacts or links to a state to file a lawsuit - ✔️✔️1. Residency
2. Owning Land in the forum state
3. Doing business in the forum state
4. Allegedly committing a torte in the forum state
5. Passing through the forum state and having a car wreck

injunction - ✔️✔️court order to do something or to stop doing something
informed in a court in contempt or in violation of the court order
the court has the option to put you in jail if needed

Specific performance - ✔️✔️a typical remedy in a breech of contract is awarding
compensatory damages
perform his duties under the contract
sale of land

the sale of unique personal property - ✔️✔️everything other than land

rescission - ✔️✔️to cancel— cancels a transaction and undoes it

restitution - ✔️✔️one party repays money to the other party that he received in a
transaction

reformation - ✔️✔️corrects a mistake in a transaction

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Exam (elaborations)

Legal Environment BUSA- Samford University- Exam 1- Trippe Questions and Answers Fully Solved 100%

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