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Business Law

Vocabulary Flashcards

TermDefinition
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.
Created by: gmayb25