Summary: Business Law 1

Read the summary and the most important questions on Business Law 1

• Court System

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• District Court - 24 districts up to €15,000

  Civil - NO Jury (except indictable offence then jury required) consent of DPP and accused.
  
  Hears cases of contract law/tort maximum damages is €15000
  Family matters: Maintenance, domestic violence, custody cases.  
  
  Criminal - No jury.
  Max fine €1,270 or 12 months prison.

• Subject Matter Jurisdiction

  a limitation on the types of cases a court can hear

• When do Federal courts have subject matter jurisdiction?

  Diversity of Citizenship- requires the plaintiff and defendant to be residents from different states and the dollar amount in controversy must exceed 75,000
  Federal Questions- a plaintiffs cause of action is based on the US constitution, a treaty, or federal law, then a federal question arises and federal courts have jurisdiction

• Small Claims Court

  inferior state trial courts that hear only civil cases involving claims less than a certain amount. Suits brought in are conducted informally and lawyers are not required

• State District Court

  has exclusive jurisdiction of all civil litigation up to $25,000. Handles civil infractions, criminal cases not exceeding one year in jail, eviction proceedings.

• For a US district court to hear a case it must:

  deal with the consitution, diversity of citizenship and exceed 75000

• US Court of Appeals or US Circuit Court of Appeals

  13 of them, hears appeals on questions of law from the federal district courts. Their decisions are final in most cases, but can be appealed to the US supreme court

• When will a court grant a motion to dismiss?

  improper delivery of the complaint and summons, improper venue, and when the plaintiff fails to state a claim for which the court could grant relief

• Motion For Judgement on the Pleadings (when is it granted?)

  a pretrial motion by either party to a lawsuit at the close of the pleadings requesting the court decide the issue solely on the pleadings without proceeding to trail. The motion will be granted if no facts are in dispute

• Motion for Summary Judgement

  a pretrial motion requesting the court to enter judgement without a trial based on more than pleadings, such as sworn statements by parties or witnesses and other documents that relate to the case. The motion will be granted if no facts are in dispute and the sole question is a question of law