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Business Chp 2

Business Chapter 2

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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