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Business Law
Vocabulary Flashcards
Term | Definition |
---|---|
Statute | A law created by a legislative body. |
Stare decisis | The principle that precedent is binding on later cases. |
Criminal Law | Concerns behavior so threatening that society outlaws it altogether. |
Civil Law | Concerns the regulation of the rights and duties between parties. |
Jurisprudence | The philosophy of law. |
Sovereign | The recognized political power, whom citizens obey. |
Legal Positivism | Law is what the sovereign says. |
Natural Law | An unjust law is no law at all. |
Legal Realism | Who enforces the law counts more than what is in writing. |
Plaintiff | The party who is suing. |
Defendant | The party being sued. |
Litigation | The process of filing claims in court and ultimately going to trial. |
Alternative dispute resolution | Any other formal or informal process used to settle disputes without resorting to a trial. |
Trial Court | Determine the facts of a particular dispute and apply to those facts the law given by earlier appellate court decisions. |
Jurisdiction | A court's power to hear a case. |
Subject matter jurisdiction | A court had the authority to hear a particular type of case. |
Personal jurisdiction | The legal authority to require the defendant to stand trial, pay judgements, and the like. |
Summons | The court's written notice that a lawsuit has been filed against the defendant. |
Long-arm statute | A statute that gives a court jurisdiction over someone who commits a tort, signs a contract, or conducts "regular business activities" in the state. |
Appeals courts | Generally accepts the facts given to them by trial courts and review the trial record to see if the court made errors of law. |
Error of law | Because of this, the appeals court may require a new trial. |
Appellant | The party filing the appeal. |
Appellee | The party opposing the appeal. |
Briefs | Written arguments on the case. |
Reverse | Nullified |
Affirmed | Permitted to stand. |
Federal Question | A case in which the claim is based on the United States Constitution, a federal statute, or a federal treaty. |
Diversity Jurisdiction | (1)When the plaintiff and defendant are citizens of different states and (2) When the amount in dispute exceeds $75,000. |
Writ of certiorari | A petition asking the Supreme Court to hear a case. |
Pleadings | The documents that begin a lawsuit, consisting of the complaint, the answer, and sometimes a reply. |
Complaint | A short, plain statement of the facts alleged and the legal claims made. |
Default Judgement | A decision that the plaintiff wins without trial because the defendant failed to answer in time. |
Counter-claim | A second lawsuit by the defendant against the plaintiff. |
Reply | An answer to a counter-claim. |
Class Action | One plaintiff represents the entire group of plaintiffs, including those who are unaware of the lawsuit or even unaware they were harmed. |
Motion | A formal request to the court that the court take some step or issue some order. |
Motion to dismiss | A request that the court terminate a case without permitting it to go further. |
Discovery | The pre-trial opportunity for both parties to learn the strengths and weaknesses of the opponent's case. |
Deponent | The person being questioned. |
Motion for a protective order | Request that the court limit discovery. |
Summary Judgement | A ruling by the court that no trial is necessary because some essential facts are not in dispute. |
Voire Dire | The process of selecting a jury. |
Challenges for cause | A claim that a juror has demonstrated probably bias. |
Peremptory challenges | The right to excuse a juror for virtually any reason. |
Preponderance of the evidence | The plaintiff's burden in a civil lawsuit. |
Beyond a reasonable doubt | The government's burden in a criminal prosecution. |
Direct examination | When a lawyer asks questions of her own witness. |
Cross-examine | To ask questions of an opposing witness. |
Directed verdict | A ruling that the plaintiff has entirely failed to prove some aspect of her case. |