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Business Chp 2
Business Chapter 2
| Term | Definition |
|---|---|
| Jurisdiction | the power of a court to hear and dispute and to "speak the law" into controversy and render a verdict that is legally binding on the parties to the dispute |
| In Personaum | personal jurisdiction--power of a court to compel the presence of the parties to a dispute to appear before the court and litigate |
| In Rem | jurisdiction over the thing- power to decide issues relating to real or personal property |
| Long-Arm Statutes | courts use long-arm statutes for non-resident parties based on "minimum contacts" with state |
| Federal Questions | rights or obligations of a party are created or defined by some federal law |
| Venue | location for the trial |
| Standing to sue | a party must have suffered a legal injury and have sufficient "stake" in the controversy |
| Justiciable Controversy | a situation that is real and substantial, not hypothetical or academic |
| Writ of certiorari | order from the court to a lower court requiring or allowing them to send the case for review |
| Question of fact | what really happened in regard to the dispute(jury determines) |
| Question of law | concerns the application of the law (judge determines) |
| complaint | a statement containing facts of the case |
| Summons | a notice requiring the defendant to appear in court and answer the complaint |
| Affirmative Defense | admit to the facts of the complaint, but claim there is no liability |
| Motion for judgment on the pleading | asks the courts to rule on the case, based on the pleading |
| Motion for summary judgment | asks a court to grant a judgment without a trial |
| discovery | process by which parties obtain information from the opposing party prior to trial |
| electronic discovery | consists of all computer generated or electronically recorded info such as email, spreadsheets, voicemail, dates/times of file creation or access |
| hearsay | a testimony given about a statement made by someone else |
| Motion for judgment as a matter of law | defendant may ask the judge to direct a verdict for him based on the grounds that the plaintiff has presented no evidence to support the claim |
| Motion for JNOV | after the verdict, granted only if the jury's verdict was unreasonable and bias |
Created by:
RCP22
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