Business Law- Baylor- Agee- Exam 1 Prep Questions And Correct Answers With Detailed Rationale.

Substantive Law - correct answer Creates, defines, and regulates legal rights and duties Procedural Law - correct answer States the rules for enforcing rights that exist because of substantive law Public law - correct answer The branch of substantive law that deals with the government's rights and powers and its relationship to individuals or groups. It consists of constitutional, administrative, and criminal law. Private law - correct answer The part of substantive law governing individuals and legal entities in their relationships with one another Civil Law - correct answer The law dealing with the rights and duties of individuals among themselves and is a part of private law Criminal Law - correct answer The law that involves offenses against the entire community and is a part of public law Common law system - correct answer The courts in common law systems have developed a body of law that serves as precedent for determination of later controversies. Also called case law, judge-made law, or common law Adversary System - correct answer System in which opposing parties initiate and present their cases The parties, not the court, must initiate and conduct litigation Civil law system - correct answer Body of law derived from Roman law and based upon legislative enactments (called codes) and an inquisitorial system of determining disputes Prevalent in Europe, Scotland, Louisiana, and others Inquisitorial system - correct answer System in which the judiciary initiates, conducts, and decides cases Part of the civil law system Stare decisis - correct answer "to stand by the decisions", courts should apply rules decided by them or their superior courts in prior similar cases Equity - correct answer A body of law based upon principles distinct from common law and providing remedies not available at law Restatements - correct answer Cover many areas of common law although are not binding in of themselves Legislative law - correct answer Has become the primary source of new law and ordered social changes in the U.S. Treaty - correct answer An agreement between or among independent nations. The US constitution authorizes the president to enter into treaties with the advice and consent of the Senate "provided two thirds of the senators present concur" Executive Order - correct answer A law issued by the president of the United States or by the governor of a state Administrative Law - correct answer A branch of public law created by administrative agencies in the form of rules, regulations, orders, and decisions to carry out the regulatory powers and duties of those agencies. Has expanded enormously because of increasing complexity Appeal by right - correct answer Mandatory review by a higher court Writ of certiorari - correct answer Discretionary review by a higher court Subject matter jurisdiction - correct answer The authority of a court to judge a controversy of a particular kind. Federal courts have limited subject matter jurisdiction whereas state courts have jurisdiction over all matters not given exclusively to the federal courts Exclusive Jurisdiction - correct answer The federal courts have exclusive jurisdiction over federal criminal prosecutions, admiralty, bankruptcy, antitrust, patent, trademark, and copyright cases, suits against the US, and cases arising under certain federal statutes Concurrent Jurisdiction - correct answer 2 types: federal question & diversity of citizenship Diversity of citizenship - correct answer Two requirements: 1. Diversity of citizenship 2. over $75,000 Federal question - correct answer Allows a court to hear any case arising under the constitution, statutes, or treaties in the US In personam jurisdiction - correct answer Personal jurisdiction of a court over the parties to a lawsuit in contrast to jurisdiction over their property. The plaintiff automatically grants the court jurisdiction in the court she filed the claim. Jurisdiction over the defendant may be gained through 1. being served 2. long arm statute In rem jurisdiction - correct answer Jurisdiction based on claims against property Long-arm statute - correct answer (look up) Attachment jurisdiction - correct answer Jurisdiction over property not based on claims against it Invoked by seizing the defendant's property as a payment on a claim, unrelated to the property seized Also called "quasi in rem" jurisdiction Venue - correct answer Particular geographical place where a court with jurisdiction may hear a case. Its purpose is to regulate the distribution of cases within a specific court system and to identify a convenient forum. Pleadings - correct answer The formal allegations by the parties of their respective claims and defenses Complaint - correct answer The initial pleading by the plaintiff stating his case Summons - correct answer A written document that gives notice to the defendant that a suit has been brought against him. Proper service of the summons establishes the court's jurisdiction over the defendant Default judgment - correct answer Judgment against a defendant who fails to respond to a complaint Demurrer - correct answer A motion to dismiss for failure to state a claim. Answer - correct answer The defendant's pleading in response to the plaintiff's complaint Reply - correct answer The plaintiff's pleading in response to the defendant's answer