Judicial Process
The document you file to initiate a lawsuit.
What is the complaint?
Name a function of the law.
What is keeping the peace, shaping moral standards, promoting social justice, ensuring stability, promoting consistency, achieving fairness, and providing revenge?
The three levels of the state or federal court system.
What is trial, appellate, and supreme?
The Supreme Court interpreted this Amendment to give defendants the right to an attorney in criminal cases.
What is the Sixth Amendment of the Constitution?
True or false - Corporations are artificial people and have the same rights under the Constitution as natural people.
True
The reason we have statutes of limitations.
What is preserve evidence, avoid stale claims, allow closure for companies in liability?
Rules of conduct prescribed by a controlling authority that have binding legal force.
What is the law?
Appointed by the President (for life) and confirmed by the Senate majority.
How federal judges (district court judges, appellate or circuit judges, and Supreme Court Justices) are selected?
This clause in the Constitution is interpreted broadly to allow Congress to regulate activities that affect interstate commerce.
What is the commerce clause?
This type of business form allows a company to enjoy the benefits of a corporation and a partnership.
What is a limited liability company (LLC)?
A type of discovery.
What are depositions, interrogatories, productions of documents, requests for admission, expert reports, or physical/mental examinations?
A source of law.
What are constitutions, statutes, executive orders, administrative rules or regulations, and common law/case decisions?
What is standing to sue?
This Amendment prohibits cruel and unusual punishment.
What is the Eighth Amendment?
A limited partnership must have at least one of each of these.
What is a general partner and a limited partner?
A step in a civil litigation case.
A philosophical school of thought that shapes the way a judge rules in a case.
What is: (1) natural; (2) historical; (3) analytical; or (3) sociological?
When a Supreme Court Justice disagrees with the majority and writes his/her own opinion.
What is a dissenting opinion or a dissent?
This Amendment allows for freedom of the press, freedom of religion, and freedom of association.
What is the First Amendment?
A business form that allows one party to expand its customer and financial base and another party to acquire the right to use an existing company's brand, products, and goodwill.
What is a franchise?
IRAC
The two types of jurisdiction a court must have before it can hear and decide a case.
What are subject matter jurisdiction and personal jurisdiction?
This Amendment prohibits the government from engaging in a search or seizure with probable cause.
What is the Fourth Amendment?
A factor to consider when deciding which business form to adopt.
What is: (1) tax liability; (2) ease of creation/dissolution; (3) legal liability; (4) raising capital; and (5) ability to control business decisions.