Both state and federal courts can hear case - plaintiff can file in state or federal court if
federal jurisdiction applies - ️️Concurrent jurrisdiction
Rules enforced by the state (based on ethics) - ️️Law
Broader set of values (not enforced by the state) - ️️Ethics
Two private part...
BLAW 301 Exam 1 KU
Both state and federal courts can hear case - plaintiff can file in state or federal court if
federal jurisdiction applies - ✔️✔️Concurrent jurrisdiction
Rules enforced by the state (based on ethics) - ✔️✔️Law
Broader set of values (not enforced by the state) - ✔️✔️Ethics
Two private parties (businesses or people) - ✔️✔️Civil Law
Person or business vs government - ✔️✔️Criminal Case
Law that defines, describes, regulates, and creates how we act to each other and the
government - ✔️✔️Substantive Law
A written plan of government for state or whole country - ✔️✔️Constitution
- ✔️✔️Treaties
enacted by state legislatures and the federal government - ✔️✔️State Statutes and
Federal Statutes
authoritative order in city or county - ✔️✔️Ordinance
A rule issued by the president or government - ✔️✔️Executive order
limitations or restrictions on the activities of a business or individual -
✔️✔️Regulations/Rules
Case decided on the basis of a previous case follow own choices and choices of higher
court - ✔️✔️Common Law
an example that may serve as a basis for imitation or later action (case that is a guide
for another) - ✔️✔️precedent
Let the decision stand; decisions are based on precedents from previous cases -
✔️✔️stare decisis
A third party to a negotiation who has the authority to dictate an agreement. Can't go to
court after. - ✔️✔️Arbitrator
Agreement to arbitrator are valid irreversible and enforceable unless gun to head) -
✔️✔️Federal Arbitration Act
a legally binding decision made in arbitration by an arbitrator - ✔️✔️arbitral award
Contracting parties understand that disputes are better resolved through arbitration -
✔️✔️Pre-dispute Arbitration Clause
Courts can only decide a genuine case - plaintiff has to have a real stake in the case -
court must have jurisdiction over case - ✔️✔️Limits on Courts Power
1. Negotiate
2. Mediate
3 Arbitrate
4. Leave it
5. Litigate - ✔️✔️Order of Law Timeline
A court's power to hear and decide a case - ✔️✔️Jurisdiction
Can this court hear this kind of case - ✔️✔️Subject Matter Jurisdiction
Is it fair to make these parties litigate in court - ✔️✔️Personal Jurisdiction
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through EFT, credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller ACADEMICMATERIALS. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R140,76. You're not tied to anything after your purchase.
