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Unformatted text preview: Zach Holland BLAW Quiz 1 Chapters 1-5 Chapter 1 Stare Decisis Means to stand on decided cases A judge made law based on precedent Precedent- judicial decisions that give rise to legal principle that can be applied to future cases based upon similar facts Precedents and other forms of positive law, such as statues, constitutions, and regulations, are referred to as binding authority and must be followed Stare decisis makes law stable and predictable Chapter 2 Arbitration Process Arbitration- settling of a dispute by a neutral 3 rd party who renders a legal decision Case begins with a submission to an arbitrator Next is the hearing where parties present evidence and arguments Finally the arbitrator renders an award Courts are NOT involved in arbitration unless an arbitration clause in a contract needs enforcement The Judiciarys Role in American Government Judicial review was established by the U.S. Supreme court in Marbury v. Madison Chief Justice Marshall wrote: It is emphatically the province and duty of the judiciary to say what the law is Civil Legal Procedure: How the Court Acquires In Personam Jurisdiction Service of Process: Defendants must be served with a summons that has a copy of the complaint attached. It notifies defendants that they have been sued and that they have a certain number of days to file an answer. A deputy sheriff or constable typically serves the summons. After defendants have been served, the sheriff sign an affidavit of service and files it with the court. The court now has in personam jurisdiction over the defendant. Jurisdiction over Persons in Other States Long Arm Statues : courts use long-arm statues for non-resident parties based on minimum contacts with state o Means defendant had some connection with forum state Corporate Contacts: does business or advertises within state Filing Lawsuits Against Nonresidents Statues that describe particular activities that constitute minimum contact in determining whether a state has jurisdiction over a nonresident who has not been served with process within the state are called Long Arm statutes A court obtains in personam jurisdiction over a defendant, if it is shown that the defendant made sufficient minimum contact within the courts geological jurisdiction Original and Appellate Jurisdiction Courts of original jurisdiction is where the case started Courts of appellate jurisdiction have the power to hear an appeal from another court...
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This note was uploaded on 02/06/2012 for the course BLAW 210 taught by Professor Mumford during the Spring '08 term at Washington State University .
- Spring '08