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Business Law Ch 3
Business Law with UCC Applications Ch 3
| Question | Answer |
|---|---|
| Abuse of Discretion | The determination that the judge in the lower court has misused his or her authority. |
| Affirmative Defense | A set of circumstances that indicates that a defendant should not be held liable, even if the plaintiff proves all the facts in a complaint. |
| Answer | A defendant's official response to a complaint. |
| Appeal | The referral of a case to a higher court for review. |
| Appellate Jurisdiction | The power of a court to review a case for errors. |
| Arraignment | A formal court proceeding, during which the defendant, after hearing the indictment or information read, pleads either guilty, or not guilty. |
| Case in Chief | The collection of evidence that will prove a plaintiff's version of case to a jury. |
| Civil litigation | The process of bringing a case to court to enforce a right. |
| Class-Action Lawsuit | A lawsuit that is brought by one or more plaintiffs on behalf of a class of persons. |
| Clearly Erroneous Standard | The determination that the decision made in the lower court was undeniably wrong, given the facts and evidence in the case. |
| Complaint | A legal document filed by a plaintiff to begin a lawsuit. The complaint sets forth the names of the parties, the facts in the case, and the relief sought by the plaintiff. |
| Courts | Judicial tribunals that meet in a regular place and apply the law in an attempt to settle disputes by weighing the arguments presented by advocates for each party. |
| Cross-Appeal | An appeal filed by a party that has prevailed at trial. |
| Cross-Examination | The questioning of witnesses by an opposing attorney. |
| Damages | Money recovered by a party in a court action to compensate that party for injury or loss. |
| Defendant | The person against whom a lawsuit is brought and from whom recovery is sought. |
| Demurrer | A motion for dismissal of a case on the grounds that a plaintiff has failed to state a claim for which relief can be granted. |
| Deposition | An oral question-and-answer session conducted under oath during which an attorney questions parties or witnesses from the opposition in a lawsuit. |
| Direct Examination | The questioning of witness by the lawyer who has called them. |
| Discovery | The process by which parties to civil suit search for information relevant to the case. |
| Diversity Cases | Federal lawsuits that are between persons from different states, between citizens of the United States and a foreign government, or between citizens of the United States and a foreign nation. Diversity cases must involve an amount over $50,000. |
| Electronic/E-Jurisdiction | The authority of a court to hear a case based on Internet-related transactions. |
| Equitable Remedy | The requirement that a party to do something or refrain from doing something, beyond the payment of money. |
| Federal Question | A matter that involves the U.S. Constitution, a federal statute or statutes, or a treaty; handled by federal district courts. |
| Electronically Stored Information (ESI) | Computerized evidence. |
| General Jurisdiction | The power of a court to hear any type of case. |
| Indictment | A set of formal charges against a defendant issued by a grand jury. |
| Information | A set of formal charges against a defendant drawn and issued by prosecutor or district attorney. |
| Injunction | A court order preventing someone from preforming a particular act or commanding the defendant to do some positive act to alleviate a problem. |
| Interrogatories | Written questions to be answered in writing under oath by the opposite party in a lawsuit. |
| Jurisdiction | The authority of a court to hear and decide cases. |
| Liability | The legal responsibility of an individual for his or her actions. |
| Minimum Contacts | The doctrine of minimum contacts identifies the fewest number of contacts that will permit a court to exercise a personal jurisdiction over an out-of-state defendant. |
| Original Jurisdiction | The authority of a court to hear a case when it is first brought to court. |
| Personal Jurisdiction | A court's authority over the parties to a lawsuit. |
| Plaintiff | The person who begins a lawsuit by filing a complaint in the appropriate trial court of general jurisdiction. |
| Plenary Review | The process by which appellate courts determine if lower courts have made errors of law. |
| Preliminary Hearing | A court procedure during which the judge decides whether probable cause exists to continue holding a defendant for a crime. |
| Prosecutor | An attorney that represents the government in a criminal procedure. |
| Rebuttal | The presentation of evidence to discredit the evidence by the opposition and to reestablish the credibility of his or her own evidence. |
| Removal | A request to a U.S. District Court to accept a case that was first filed in a state court. |
| Request for Admission | A request made to secure a statement from a party that a particular fact is true or that a document or set of documents is genuine. |
| Request for a Physical or Mental Examination | A request for a party to undergo a physical or a mental examination. |
| Request for Real Evidence | A discovery device that asks the opposing party in a lawsuit to produce papers, records, accounts, correspondence, photographs, or other tangible evidence. |
| Service of Process | The act of giving the summons and the complaint to a defendant. |
| Special Jurisdiction | The power of a court to hear only certain kinds of cases. |
| Special Performance | A decree from a court ordering a contracting party to carry out the promises made in a contract. |
| Subject Matter Jurisdiction | The power of a court to hear a particular type of case. |
| Summary Judgment Motion | A motion that asks a court for an immediate judgment for the party filing the motion because both parties agree on the facts in the case and because under law the party who introduced the motion is entitled to a favorable judgment. |
| Surrebuttal | A reply to the defendant’s rebuttal. |
| Verdict | A finding of fact by the jury in a court case; the jury's decision. |
| Writ of Certiorari | An order from the U.S. Supreme Court to a lower court to deliver the records of a case to the Supreme Court for review. |
| Writ of Execution | A court order directing the sheriff of a county to sell the property of a losing defendant to satisfy the judgment against that defendant. |
| Cyber-Jurisdiction | The authority of a court to hear a case based on Internet-related transactions. |
| Forum Shopping | The process of locating a jurisdiction that has a friendly track record for the type of lawsuit that is about to be filed. |
| Stream of Commerce Theory | The plaintiff must demonstrate that the defendant sent one of its products into "the stream commerce" to establish personal jurisdiction over an out-of-state defendant in New Jersey. |
Created by:
dengler
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