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Business Law

Chapter 3

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