BUL 3310 Woodyard FSU Exam 1 Questions And Answers Rated 100% Correct!!

Minimum contacts - ️️used to determine when it is appropriate for a court in one state to assert personal jurisdiction over a defendant from another state (ex. someone in Washington suing Disney) Strict scrutiny, intermediate scrutiny, rational basis - ️️SS: strictest test to see if a law was passed to further a compelling governmental interest, IS: challenged law must further an important government interest by substantial means, RB: courts will uphold a law if it is rationally related to a legitimate government purpose LLC - ️️Limited liability company, has members not shareholders, files taxes but doesn't pay them, most popular form of company Common Law- by who, what, when, why - ️️England 1066 by King William to combine all types of law in the country Major 3 Legal Systems - ️️Common law, civil code, religious Judicial Review - ️️the ability of the supreme court to determine the constitutionality of laws State Action - ️️state must use due process to take away rights, only applies to states and govt # of legal systems in US - ️️52; 50 states, 1 federal, 1 DC # of Supreme Court Judges - ️️9 Who appoints SC judges? - ️️President, senate approves them, appointed for life First 10 ammendments - ️️bill of rights Total number of ammendments - ️️27 What case created judicial review? - ️️Marbury vs. Madison Statutes - ️️laws made by congress under constitution Hierarchy of Law - ️️Federal administration, state constitution, state administration, state statutes, private lawUS Constitution - ️️supreme law of the land Right of Privacy - ️️not stated by constitution but implied 5th Ammendment - ️️guarantees due process, double jeopardy, cannot testify against self, eminent domain, must give notice of hearing Indictment - ️️ability of a court to charge a defendant with a crime Grand jury - ️️jury selected to overhear case and make decision 4th ammendment - ️️safe and free from unlawful searches and seizures, corporate records belong to the state State power - ️️police power to regulate and make laws Enumerated powers - ️️Article 1 Section 8 declares congress' authority Supremacy clause - ️️Federal law trumps state law if conflict arises, Article 6 Section 2 Protectionism - ️️states pass laws to protect their own businesses Jurisdicton - ️️power of a court to be able to hear a case Types of Jurisdiction - ️️original, appellate, concurrent, exclusive Deductive and inductive legal reasoning - ️️Deductive: conclusion drawn upon facts and information, Inductive: generalization made about a specific case 14th ammendment - ️️all citizens get equal protection of the laws 1st ammendment - ️️Freedom of speech, only applies to political speech, does not apply to speech at work Writ of Certiorari - ️️orders a lower court to deliver its record in a case so that the higher court may review it Case in supreme court - ️️1 appeal, writ of certiorari Checks and balances - ️️legislative, executive, and judicial power over one anotherWar decisions - ️️declared by congress, funded by legislative, carried out by executive Standing to sue - ️️must have direct stake in a lawsuit Preponderance of Evidence - ️️the greater weight of evidence in a case to sway a decision Ordinances - ️️laws passed by cities Deposition - ️️testimony of witnesses orderly questioned under oath Plaintiff - ️️party filing the lawsuit Defendent - ️️party the lawsuit is filed against Voir dire - ️️asking the jury to "speak the truth" Job of jury - ️️determine what the facts are Job of judge - ️️instruct jury on law Jury Instructions - ️️set of instructions given to jury by judge Summary trial - ️️judge makes a decision based on facts acquired by depositions without a trial To get into federal court - ️️parties in 2 different states, damages greater than $75,000 Federal question jurisdiction - ️️jurisdiction of federal courts to hear civil cases in which the plaintiff may have violated the constitution