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Business Law Ch 2.3

Business Law Class Notes

NEGOTIATION - Dispute Settlement In regard to dispute settlement a process in which parties attempt to settle their dispute without going to court with or without attorneys to represent them.
ONLINE DISPUTE RESOLUTION (ODR) The resolution of disputes with the assistance of organizations that offer dispute-resolution services via the Internet.
PROBATE COURT A state court of limited jurisdiction that conducts proceedings relating to the settlement of a deceased person's estate.
QUESTION OF FACT In a lawsuit an issue involving a factual dispute that can only be decided by a judge (or in a jury trail, a jury)
QUESTION OF LAW In a lawsuit an issue involving the application or interpretation of a law; therefore the judge and not the jury decides the issue.
RULE OF FOUR A rule of the United States Supreme Court under which the Court will not issue a writ of centiorari unless at least four justices approve of the decision to issue the writ.
SMALL CLAIMS COURT Special courts in which parties may litigate small claims (usually claims involving 2500 or less) Attorneys are not required in small claims courts and in many states attorneys are not allowed to represent the parties.
STANDING TO SUE The requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit. The plaintiff must demonstrate that he or she either has been injured or threatened with injury.
SUMMARY JURY TRAIL (SJT) A method of settling disputes in which a trail is held but the jury's verdict is not binding. The verdict acts only as guide to both sides in reaching an agreement during the mandatory negotiations that immediately follow the summary jury trail.
VENUE (ven-yoo) The geographical district in which an action is tried and from which the jury is selected.
WRIT OF CERTIORARI (sur-shee-uh-rah-ree) A writ from a higher court asking the lower court for the record of a case.
NEGOTIATION - Instruments In regard to instruments the transfer of an instrument in such a way that the transferee (the person to whom the instrument is transferred) becomes a holder.
Created by: Alhedaithy
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