BUSINESS LAW TEST REVIEW CHAPTER 3

Zach and Peyton entered into a contract to do business together Zach and Peyton entered into a contract to do business together. If they have a disagreement later about what is in the contract, what would be an inexpensive, non-binding way for them to settle their disagreement? By the use of mediator

The mediator that Zach and Peyton contracted with was unable to help them reach an agreement in their dispute. What would be an inexpensive way for them to reach a legally binding agreement without going to court? Using an arbitrator

The arbitrator has reached a decision in the Zach/Peyton dispute The arbitrator has reached a decision in the Zach/Peyton dispute. However, Zach refuses to follow the decision. What governmental forum would Peyton use to help him get justice? Court of law

Chandler has been accused of forging his boss’s signature on some checks. Which court would first hear his case, listening to the witnesses’ testimony and reviewing the evidence? Trial Court

After listening to the testimony of the witnesses and reviewing the evidence presented, a decision was made by the trial court in Chandler’s case. What is this decision called? Verdict

What type of jurisdiction would the trial court have over Chandler’s case? Original jurisdiction

Chandler was found guilty of forgery and sentenced to five years of prison. Chandler feels that there were many errors in applying the law at his trial and that his public defender inadequately defended him. Which court would next hear his case? Appellate Court

When Chandler appeals his case to the appellate court, the court will require the trial court to send a verbatim record of the original trial. This verbatim record is called the Transcript

Chandler has hired Tomas as his new lawyer of record Chandler has hired Tomas as his new lawyer of record. In filing the appeal of Chandler’s case, Tomas will also be required to file a written argument on the issues of law that were in error in the original case. These arguments are called Appellate briefs

Which section of the U.S. Constitution authorizes the Congress to establish a court system? Article III; Section 1

The United States District Courts are allowed to hear almost any type of case at the federal level. What type of jurisdiction would this be? General jurisdiction

Joe had started a business that, unfortunately, did not make a profit Joe had started a business that, unfortunately, did not make a profit. He ended up closing the business and filed papers with a court that would “forgive” all of the debts of the business. Which court did Joe file his papers with? Bankruptcy Court

The bankruptcy court that Joe used has what type of jurisdiction? Specialized jurisdiction

Any case where the amount is over $75,000 and What types of cases will U.S. District Courts have original jurisdiction over? Any case where the amount is over $75,000 and Federal questions or cases that arise under the Constitution, U.S. law, and U.S. treaties Lawsuits between citizens of different states Lawsuits between a US citizen and a foreign nation Lawsuit between a US citizen and citizen of a foreign nation

If Julio, a US citizen, files a case against Chloe, a Swedish citizen and loses the case at the US District Court, where would he file his appeal? US Court of Appeals

Shane has been having an ongoing dispute with the Environmental Protection Agency over a small piece of his backyard that tends to hold water after a rain. The EPA is wanting to claim the land as a federal wetlands. If Shane is wanting to file a lawsuit to stop this, where would the case be filed? US Court of Appeals

Little Sisters of the Poor are fighting a mandate from the Health and Human Services requiring them to violate their strongly held beliefs having to do with contraception and abortion. Where was this lawsuit originally filed? US Court of Appeals

The parties in the Little Sisters of the Poor did not like the decision of the Court of Appeals and feel that there is a serious violation of the constitutional right of freedom of religion at issue. Which court would next hear this case? U.S. Supreme Court

If the U.S. Supreme Court felt that the issues being raised in the Little Sisters of the Poor case were of a serious enough issue, what could they do? Issue a writ of certiorari

What does a writ of certiorari do? Requires a lower court to turn over a record of the case to the U.S. Supreme Court for review

The complete, exact record of what happens at a trial is referred to as Court of record

James and Isaih get in a dispute over the damage to James car James and Isaih get in a dispute over the damage to James car. The cost of repairing the car will be approximately $2,000. James feels that Isaih should repair the car since Isaih was driving it at the time it was damaged. Which court would James file his claim in? Small claims court

Miguel, a 16 year old, has been picked up by the police for vandalism Miguel, a 16 year old, has been picked up by the police for vandalism. He was accused of spray painting graffiti on the sides of a rival high school. Which court would most likely hear Miguel’s case? Juvenile Court

Emily was issued a ticket for violating a city ordinance against open burning of trash. Which court would hear her case? Municipal court. Could be either a city or a town court, depending on the size of the area.