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Business Law
Chapter 3
| Question | Answer |
|---|---|
| Trial Courts or Courts of Original Jurisdiction | Have the power to hear and decide cases when they first enter the legal system |
| Courts of Appellate Jurisdiction or Appellate Court | Have the power to review previous judicial decisions to determine whether trial courts erred in their decisions |
| In Personam Jurisdiction (jurisdiction over the person) | Courts power to render a decision affecting the rights of the specific person or court |
| Question of Law | Issue concerning the interpretation or application of a law |
| Question of Fact | a question about an event or characteristic in the case |
| Complaint | specifies the factual and legal basis for the lawsuit and the relief the plaintiff seeks. |
| Summons | is a court order that notifies the defendant of the lawsuit and explains how and when to respond to the complaint |
| Service by process | is the procedure by which courts present these documents to defendants |
| In rem Jurisdiction | The power of a court over the property or status of an out of state defendant when that property or status is within the courts jurisdiction area |
| Subject Matter Jurisdiction | The power of a court over the type of case presented to it |
| Venue | determines which trial court in the system will hear the case |
| Federal Court System | Consist of three courts 1) Trial Courts 2) Intermediate appellate courts 3) the court of last resort |
| Threshold Requirements | Before a case makes it to court it must meet three threshold requirements 1) Standing 2) Case or Controversy 3) Ripeness |
| Standing (standing to sue) | a person who has the legal right to bring an action in court |
| Case-or-Controversy (justifiable controversy) | ensures that courts do not render advisory opinions |
| Three criteria of case-or-controversy | 1)the relationship between the plaintiff and the defendant must be adverse 2)actual or threatened actions of at least one of the parties must give rise to an actual legal dispute |
| Three criteria of case-or-controversy | 3)courts must have the ability to render a decision that will resolve the the dispute |
| Ripeness | The readiness of a case for a decision to be made |
| Service of process | The procedure by which a court delivers a copy of the statement of claim or other legal documents |
| Default Judgement | Judgment for the plaintiff that occurs when the defendant fails to respond to the complaint |
| answer | the response of the defendant to the plaintiffs complaint |
| Motion to Dismiss (demurrer) | a request by the defense to dismiss the case even if all facts are true |
| Motion | an application by a party to a judge or a court in a civil case requesting an order in favor of the applicant |
| Counterclaim | a claim made by the defendant against the plaintiff that is filed along with the defendants answer |
| Reply | Answer to a counter claim |
| Motion for judgement on the pleadings | in a civil case, a request made by either party, after pleadings have been entered, that asks a judge or a court to issue a judgement |
| Discovery | process enable the parties to learn about the facts surround the case so that they are not surprised in court |
| 3 common Discovery tools | 1) Interrogatories 2) requests to produce documents 3) depositions |
| Interrogatores | written questions that one party sends to the other to answer under oath |
| request to produce documents | forces the opposing party to produce certain information unless it it privileged or irrelevant to the case |
| Depositions | a pretrial sworn and recorded testimony of a witness that is acquired out of court with no judge present |
| Voir dire | The process of questioning potential jurors to ensure that the jury will be made up of unbiased individuals |
| Shadow Jury | an unofficial jury, provided by a jury selection firm |
| peremptory challenge | the right of the plaintiff and the defendant to reject with out a reason a certain number of jurors |
| Stages of a Trial | 1) Opening Statements 2) The examination of witnesses and presentation of evidence 3) Closing Arguments 4) Jury Instructions |
| Prejudicial error | an error of the law that is so significant that it affects the outcome of the case |
| Brief | a written legal argument that explains why that party to the case should prevail |
| affirm | an appellate court decision that accepts a lower court's judgement |
| mdoify | an appellate courts decision that grants an alternative remedy in a case |
| reverse | an appellate courts decision that overturns the judgement of a lower court |
| remand | an appellate court decision that returns a case to the trial court |
| writ of certiorari | an order to the lower court to send to the supreme court the record of the case |
| alternative dispute resolution (APR) | the resolution of legal problems through methods other than litigation |
| negotiation | a bargaining process in which disputing parties interact informally to attempt to resolve their dispute |
| mediation | intensive negotiation in which disputing parties select a neutral party to help facilitate communication and suggest ways for the parties to solve their dispute |
| arbitration | resolution of a dispute by a neutral third party outside the judicial setting |
| binding arbitration clause | a contract provision mandating that all disputes arising under the contract must be settled by arbitration |
| med-arb | resolution where both parties start out in mediation and if unsuccessful move on to arbitration |
| summary jury trial | an abbreviated trial that leads to a nonbinding jury verdict |
| minitrial | conflict resolution where each lawyer presents their argument to a neutral adviser who offers an opinion of what the verdict would be if the case went to trial |
| private trials | an ADR method in which a referee is selected and paid by the disputing parties to offer a legally binding judgement in a dispute |
Created by:
wtterry41
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