Business Law Study Guide Midterm Exam Jennifer Orbes Format order Short answer multiple choice some true and false Know the order of pleadings It is likely he will give you all of them and ask to put in Will contain essays like the practice one did in class 3 pages types 1 answer booklet Essay question will be actual questions from end of the chapters in textbook When writing essay give a full definition of the words you use Ex Battery The intentional offensive touching of another person Some questions may be from the movies MUST know the bill of rights 10 points on exam Section on Jurisprudence NOT on test Defamation NOT on test except for defamation of title Venue Jurisdiction in Maryland but what county will hear it NOT on test NO questions about long arm jurisdiction IRAC Method I ssue R ule What is the issue A pplication C onclusion What rule of law is the court using How is the court applying this rule of law Judgement entered in favor of Bill of Rights 1791 1st Amendment Freedom of speech religion the press and to peaceable assembly 2nd Amendment The right to keep and bear arms 3rd Amendment Prohibiting a soldier from living in your house against your will 4th Amendment Prohibits unreasonable searches and seizures without probable cause warrant 5th Amendment A person doesn t have to engage in self incrimination 6th Amendment The right to a speedy trial by jury right to be informed of charges right to a lawyer 7th Amendment Guarantees the right to a jury trial in federal civil cases in suits exceeding 20 8th Amendment Prohibits cruel and unusual punishment excessive bail fines 9th Amendment Limits the government s power to invade rights of the people 10th Amendment Prohibits federal government from interfering with rights it was not granted in the Constitution The Order of Pleadings 1 Complaint 2 Summons The plaintiff files a complaint against the defendant The court issues a summons to the defendant 3 Option Defendant can submit 1 of 2 things Answer Court will then enter a period of discovery Motion to dismiss asks the court to decided if P s claim is valid for a lawsuit Or do nothing and Default if he doesn t answer the complaint A default judgment would be put against D in that case 4 Period of Discovery if an answer is filed R P D Request for production of documents So there are no surprises Depositions Call a party non witness to office ask them a series of questions Ties their position down in case the go against what they said in court Interrogatories requests for further information A formal set of written questions propounded by one litigant and required to be answered by an adversary Request for Admission of Facts A set of statements sent from one litigant to an adversary for the purpose of having the adversary admit or deny the statements or allegations therein 5 After this lawyer will ask for a motion to dismiss or a motion for summary judgment when there is no dispute for material facts If the motion is granted the case is over If the motion is denied then the case will proceed to trial 6 Trial Pretrial conference Proceeded by a pretrial statement Court then assigns a date for trial to take place Voir Dire and Batson Challenges to pick Jury Direct Examination Plaintiff goes first and questions witnesses Cross Examination Defendant questions witnesses Deliberation Jury goes into a room to decide a verdict no dictionaries or whiskey allowed or else there could be a mistrial 7 Verdict Option to poll the jury 8 Post Trial Motions Motion for Judgment N O V a new trial if there was an irregularity Ex jurors tampered with dictionary new evidence is found Request for a remitter too large of a verdict given by jury need it lowered to a more reasonable amount 9 Apply for a new trial 10 Case moves to Court of Appeals 11 Finally a petition for Writ of Certiorari can be requested if still unhappy Definitions spelling counts A A A American Arbitration Association Largest ADR website which is becoming too large and expensive which is why sites like virtualcourthouse com are popping up A D R Alternative dispute resolution ADR provides the ability to resolve a dispute without the necessity of going to court See Virtual Courthouse http virtualcourthouse com index cfm category 19 faq cfm Advantages Avoid time and legal fees of trial Neutrals are experts in an area May preserve relationships better Defendant No jury Disadvantages Don t get to appeal Plaintiff No Jury Arbitration A process in which 1 the parties appear before one or more impartial neutrals arbitrators and present evidence and argument supporting their respective positions and 2 the neutrals arbitrators render a decision in the form of an award that is binding The parties may agree that the decision is not binding Article 1 Section 8 Goes into detail about the powers of congress which include the power to tax spend and police government Assault Intention attempt or effort to commit a battery Assumption of Risk Certain risks are assumed on the sports field and therefore damages cannot be collected Battery The intentional offensive touching of another person Ex a slap in the face would be intentional Batson Challenge If you believe a party had stricken a juror because of race gender you can issue this Bench Trial Judge decides the case No Jury Branches of government Separation of powers 1 Legislative branch Congress makes the law 2 Judicial Branch Supreme Court interprets the law 3 Executive Branch President Executes the law Certiorari to be more fully informed an order directing that a record of proceedings in a lower court be sent up to a superior court for review C F R Code of Federal Regulations Codes Compilation of statutes into a book Ex The Maryland Code Commensurate Corresponding in size extent amount degree Ex She was given a job commensurate with her abilities and experience Collusive Action Acting in secret to achieve a fraudulent illegal or deceitful goal Concurrent jurisdiction When there are two or more courts from different systems that simultaneously have jurisdiction over a specific case Ex where a party from Alabama sues a party from Florida for a breach of contract the Alabama party can sue in either the federal court located in Florida under its diversity jurisdiction or in the state court located in Florida Common Law Laws made by the courts Precedents of past cases Concurring Agreeing C O M A R Code of Maryland Agency Relations Contract Clause Included in Article 1 Section 10 Prevents congress
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