Business Law- Baylor Agee- Final Exam
Solved Correctly;(New updated
questions and answers)
What are the functions of law - -to resolve disputes, protect property, preserve the
state (government)
-Substantive law - -creates, defines, and regulates legal rights and duties
-Procedural law (process) - -sets forth rules of enforcing those rights that are
created by the substantive laws
-Public law - -laws that deal with the government's rights and powers and it
relationship to individuals or groups
-Private law - -part of substantive law governing individuals and legal entities (such
as corporations) in their relationship with one another
-Civil law (private) - -defendant must be proved guilty with the preponderance of
the evidence
-Criminal law (public) - -defendant must be proved guilty beyond reasonable doubt
-Judicial review - -Allows the court to determine the constitutionality of laws
-stare decisis - -"let the decision stand"
-equitable remedies - -Injunctions, precision, restitution, and any other relief which
the court deems proper
-restatement of law - -summaries of the common law; covers many areas; it is
persuasive but not binding on courts
-Legislative law - -Law created by lawmaking bodies such as Congress and state
assemblies. Also called statutory law.
-Uniform laws - -state statutes that have been passed to promote uniformity in
some areas of the law. EX: UCC
-Administrative law - -Branch of public law, governs powers and procedures of
governmental entities. Law is created by administrative agencies in forms of rules,
regulations and order
-Case citation - -Name of plaintiff and defendant, volume and page of reporter, and
year of decision
-Court system order - -(District) Trial courts -> Courts of Appeals -> Supreme court
, -Inferior courts - -Municipal, justice of the peace, small claims
-Special Courts - -US court of claims, US bankruptcy court, US Tax court. Usually
have exclusive federal jurisdiction for particular type of case
-Subject matter Jurisdiction - -"will the case be tried in federal or state court?"
-Jurisdiction over parties - -"will the judgement of the court be binding on the
parties?"
-3 kinds of SMJ - -Exclusive Federal jurisdiction, Concurrent jurisdiction, Exclusive
State jurisdiction
-Exclusive Federal Jurisdiction - -if ONLY a federal court can decide controversy,
then have EXCLUSIVE federal jurisdiction
-Concurrent Jurisdiction - -if EITHER state court or federal can decide case, then
have CONCURRENT jurisdiction. 2 situations of concurrent jurisdiction
-Federal question (concurrent) - -the dispute arises under the US constitution,
federal statutes that do NOT require exclusive federal jurisdiction, or treaties. Ex:
First Amendment violation (freedom of speech); Title VII discrimination law
-Diversity of citizenship (concurrent) - -Normally occurs when plaintiff & defendant
are citizens of different states; to avoid "home court" advantage
-Exclusive state jurisdiction - -all other matters not granted to Federal courts in
constitution or by Congress ex: DoC but the amount is under $75,000
-in Personam (personal) jurisdiction - -based on claims against a person, in contrast
to jurisdiction over property. Usually obtain by serving process over person in state,
by either domicile or temporarily present. Can also be by consent
-Long arm statute - -are state laws that allow personal jurisdiction over non-
resident defendants so long as "does not offend traditional notions of fair play and
substantial justice" Basically follow SCt decisions of what are "minimum contacts"
-In rem jurisdiction (property law) - -jurisdiction is based on claims against property.
Ex: dispute over ownership of real property located in Texas
-Quasi in rem jurisdiction or attachment jurisdiction - -jurisdiction over property not
based on claims against it; Ex: Property seized to satisfy unrelated claim or lawsuit
-Plaintiff - -petition or complaint, sets out who are the parties and why he is suing;
also contains info showing why the court has jurisdiction
-Defendant - -answer or reply; generally denying liability
-Default judgement - -Once served lawsuit papers, defendant must timely answer
or he will lose without ever having his day in court
Solved Correctly;(New updated
questions and answers)
What are the functions of law - -to resolve disputes, protect property, preserve the
state (government)
-Substantive law - -creates, defines, and regulates legal rights and duties
-Procedural law (process) - -sets forth rules of enforcing those rights that are
created by the substantive laws
-Public law - -laws that deal with the government's rights and powers and it
relationship to individuals or groups
-Private law - -part of substantive law governing individuals and legal entities (such
as corporations) in their relationship with one another
-Civil law (private) - -defendant must be proved guilty with the preponderance of
the evidence
-Criminal law (public) - -defendant must be proved guilty beyond reasonable doubt
-Judicial review - -Allows the court to determine the constitutionality of laws
-stare decisis - -"let the decision stand"
-equitable remedies - -Injunctions, precision, restitution, and any other relief which
the court deems proper
-restatement of law - -summaries of the common law; covers many areas; it is
persuasive but not binding on courts
-Legislative law - -Law created by lawmaking bodies such as Congress and state
assemblies. Also called statutory law.
-Uniform laws - -state statutes that have been passed to promote uniformity in
some areas of the law. EX: UCC
-Administrative law - -Branch of public law, governs powers and procedures of
governmental entities. Law is created by administrative agencies in forms of rules,
regulations and order
-Case citation - -Name of plaintiff and defendant, volume and page of reporter, and
year of decision
-Court system order - -(District) Trial courts -> Courts of Appeals -> Supreme court
, -Inferior courts - -Municipal, justice of the peace, small claims
-Special Courts - -US court of claims, US bankruptcy court, US Tax court. Usually
have exclusive federal jurisdiction for particular type of case
-Subject matter Jurisdiction - -"will the case be tried in federal or state court?"
-Jurisdiction over parties - -"will the judgement of the court be binding on the
parties?"
-3 kinds of SMJ - -Exclusive Federal jurisdiction, Concurrent jurisdiction, Exclusive
State jurisdiction
-Exclusive Federal Jurisdiction - -if ONLY a federal court can decide controversy,
then have EXCLUSIVE federal jurisdiction
-Concurrent Jurisdiction - -if EITHER state court or federal can decide case, then
have CONCURRENT jurisdiction. 2 situations of concurrent jurisdiction
-Federal question (concurrent) - -the dispute arises under the US constitution,
federal statutes that do NOT require exclusive federal jurisdiction, or treaties. Ex:
First Amendment violation (freedom of speech); Title VII discrimination law
-Diversity of citizenship (concurrent) - -Normally occurs when plaintiff & defendant
are citizens of different states; to avoid "home court" advantage
-Exclusive state jurisdiction - -all other matters not granted to Federal courts in
constitution or by Congress ex: DoC but the amount is under $75,000
-in Personam (personal) jurisdiction - -based on claims against a person, in contrast
to jurisdiction over property. Usually obtain by serving process over person in state,
by either domicile or temporarily present. Can also be by consent
-Long arm statute - -are state laws that allow personal jurisdiction over non-
resident defendants so long as "does not offend traditional notions of fair play and
substantial justice" Basically follow SCt decisions of what are "minimum contacts"
-In rem jurisdiction (property law) - -jurisdiction is based on claims against property.
Ex: dispute over ownership of real property located in Texas
-Quasi in rem jurisdiction or attachment jurisdiction - -jurisdiction over property not
based on claims against it; Ex: Property seized to satisfy unrelated claim or lawsuit
-Plaintiff - -petition or complaint, sets out who are the parties and why he is suing;
also contains info showing why the court has jurisdiction
-Defendant - -answer or reply; generally denying liability
-Default judgement - -Once served lawsuit papers, defendant must timely answer
or he will lose without ever having his day in court
