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Legal Term

Midterm Exam Study Guide

A remedy that the law permits an administrative agency to grant. Administrative remedy Federal Bankrutcy legislation. Bankruptcy Code The person against whom an action is brought. complaint The doctrine that when the law provides an administrative remedy, a party seeking relief must fully exercise that remedy before the courts will intervine Exhaustion of remedy
A term for speedier and less costly methods for resolving diputes that going to court. EXAMPLES: arbitration; conciliation; mediation; mini-trial; rent-a-judge; summary jury trial. Alternative dipute resolution A written statement submitted to a court for the purpose of persuading it of the correctness of one's position. Brief The transcript of a witness's testimony given under oath outside of the courtroom, usually in advance of the trial or hearing. Deposition Same as hearing examiner, although, in some circumstances, does not have the power to adjuducate. Hearing Officer
(latin) "Friend of the court." A peson who is interested in the outcome of the case, but who is not a party, whom the court permits to file a brief for the purpose of providing the court with a position or apoint of view which it might not otherwise have amicus curiae A heading It generally refers to the heading of a court paper. caption The first or initial questioning of a witness by the party who call her to the stand. Direct Examination the existence of which is proven by deductions or inferences from the facts and circumstances of the situation including the words and conduct of the parties. Implied Agency
Situation wherein the agent's conduct causes a client or prospective insured reasonably to believe that the agent has the authority to sell an insurance policy and contract on behalf of the insurance company. Apparent Agency A straight bankruptcy Chapter 7 The release of a debtor from an obligation to pay, pursuant to a bankruptcy proceeding. Discharge in bankruptcy An agent's knowledge that is binding upon his principal because of their agency relationship imputed knowledge
The process by which a higher court is requested by a party to a lawsuit to review the decision of a lower court. appeal The debtor is permitted to continue business opperations until a reorganization plan is approved by two-thirds of his creditors. Chapter 11 Relationship between an Agent and a Client in which the client is unaware that the agent represents the other party Disclosed Agency As distinguised from an employee, a person who contracts to do work for another person in her own way, Independent contractor
The automatic stay gives the debtor protection from his creditors Automatic Stay an individual devtor who is a wage earner and who files a repayment plan acceptable to his creditors will be given additional time in which to meet his obligations Chapter 13 A means for providing a party, in advance of trial with access to facts that are within the knowlege of the other side. Discovery A court order that commands or prohibits some act or course of conduct. injuction
Trial process in which a court determines whether or not the allegations contained in a petition are supported by evidence. Adjudicatory Hearing The initial pleading in ca civil action, in which the plaitiff alleges a cause of action and asks that the wrong done to him be remedied by the court. Complaint The jurisdiction of a federal court arising from diversity of citizenship where parties are residents of different states and the jurisdictional amount has been met. Diversity Jurisdiction Directions given to the jury by the judge just before she sends the jurors out to deliberate and return a verdict, explaing the law that applies in the case and spelling out what must be proven and by whom. Jury instructions
The bodyof law that controls the way in which administrative agencies operate. 2 Regulations and decisions issued by administrative agencies. Administrative Law A trial that has been terminated by the judge prior to its conclusion because the jury is unable to reach a verddict, because of prejudicial error that cannot be corrected or eliminated by any action the court might take. Mistrial Motion requesting a case, or prosecution to be terminated. Motion to dismiss The process by which appellate review is initiated; specifically, written notice to the appellee advising her of the appellant's intention to appeal. Notice of Appeal
Created by: cynnyno