Midterm Exam Study Guide
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| A remedy that the law permits an administrative agency to grant. | Administrative remedy | Federal Bankrutcy legislation. | Bankruptcy Code | The person against whom an action is brought. | complaint | The doctrine that when the law provides an administrative remedy, a party seeking relief must fully exercise that remedy before the courts will intervine | Exhaustion of remedy
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| A term for speedier and less costly methods for resolving diputes that going to court. EXAMPLES: arbitration; conciliation; mediation; mini-trial; rent-a-judge; summary jury trial. | Alternative dipute resolution | A written statement submitted to a court for the purpose of persuading it of the correctness of one's position. | Brief | The transcript of a witness's testimony given under oath outside of the courtroom, usually in advance of the trial or hearing. | Deposition | Same as hearing examiner, although, in some circumstances, does not have the power to adjuducate. | Hearing Officer
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| (latin) "Friend of the court." A peson who is interested in the outcome of the case, but who is not a party, whom the court permits to file a brief for the purpose of providing the court with a position or apoint of view which it might not otherwise have | amicus curiae | A heading It generally refers to the heading of a court paper. | caption | The first or initial questioning of a witness by the party who call her to the stand. | Direct Examination | the existence of which is proven by deductions or inferences from the facts and circumstances of the situation including the words and conduct of the parties. | Implied Agency
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| Situation wherein the agent's conduct causes a client or prospective insured reasonably to believe that the agent has the authority to sell an insurance policy and contract on behalf of the insurance company. | Apparent Agency | A straight bankruptcy | Chapter 7 | The release of a debtor from an obligation to pay, pursuant to a bankruptcy proceeding. | Discharge in bankruptcy | An agent's knowledge that is binding upon his principal because of their agency relationship | imputed knowledge
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| The process by which a higher court is requested by a party to a lawsuit to review the decision of a lower court. | appeal | The debtor is permitted to continue business opperations until a reorganization plan is approved by two-thirds of his creditors. | Chapter 11 | Relationship between an Agent and a Client in which the client is unaware that the agent represents the other party | Disclosed Agency | As distinguised from an employee, a person who contracts to do work for another person in her own way, | Independent contractor
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| The automatic stay gives the debtor protection from his creditors | Automatic Stay | an individual devtor who is a wage earner and who files a repayment plan acceptable to his creditors will be given additional time in which to meet his obligations | Chapter 13 | A means for providing a party, in advance of trial with access to facts that are within the knowlege of the other side. | Discovery | A court order that commands or prohibits some act or course of conduct. | injuction
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| Trial process in which a court determines whether or not the allegations contained in a petition are supported by evidence. | Adjudicatory Hearing | The initial pleading in ca civil action, in which the plaitiff alleges a cause of action and asks that the wrong done to him be remedied by the court. | Complaint | The jurisdiction of a federal court arising from diversity of citizenship where parties are residents of different states and the jurisdictional amount has been met. | Diversity Jurisdiction | Directions given to the jury by the judge just before she sends the jurors out to deliberate and return a verdict, explaing the law that applies in the case and spelling out what must be proven and by whom. | Jury instructions
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| The bodyof law that controls the way in which administrative agencies operate. 2 Regulations and decisions issued by administrative agencies. | Administrative Law | A trial that has been terminated by the judge prior to its conclusion because the jury is unable to reach a verddict, because of prejudicial error that cannot be corrected or eliminated by any action the court might take. | Mistrial | Motion requesting a case, or prosecution to be terminated. | Motion to dismiss | The process by which appellate review is initiated; specifically, written notice to the appellee advising her of the appellant's intention to appeal. | Notice of Appeal
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