Bus Law Ch 2

Front 1

Judicial Review

Back 1

enables judicial branch to act as a check on the other 2 branches of government

Front 2

Jurisdiction

Back 2

"the power to speak the law"

Front 3

in personam jurisdiction

Back 3

(personal jurisdiction) over any person or business that resides in a certain geographic area.

Front 4

in rem jurisdiction

Back 4

"jurisdiction over the thing" Dispute over boat owner ship in Fl, owned by Ohio resident over whom a Florida court normally cannot exercise personal jurisdiction. other party a resident of nebraska. Boat brought to Florida state court

Front 5

Long arm statute

Back 5

a court can exercise personal jurisdiction over certain out of state defendants based on activities that took place within the state.

Front 6

Probate courts

Back 6

state courts that handle only matters relating to the transfer of a person's assets and obligations after that person's death. issues related to custody and guardianship of children

Front 7

Bankruptcy courts

Back 7

handle only bankruptcy proceedings

Front 8

federal question

Back 8

when plaintiff's cause of action is at least partly based on US Constitution, treaty or federal law

Front 9

diversity of citizenship

Back 9

Applies whenever a federal court has jurisdiction over a case that does not involve a question of federal law.

Front 10

concurrent jurisdiction

Back 10

when both federal and state courts have the power to hear a case

Front 11

exclusive jurisdiction

Back 11

when cases can be tried only in federal courts or only in state courts

Front 12

Venue

Back 12

appropriate location for trial

Front 13

standing to sue

Back 13

sufficient stake in matter to justify seeking relief through the court system

Front 14

justiciable controversy

Back 14

a controversy that is real and substantial, as opposed to hypothetical or academic

Front 15

small claims courts

Back 15

inferior trial courts that hear only civil cases involving claims of less than a certain amount such as 5000

Front 16

question of fact

Back 16

deals with what really happened in regard to the dispute being tried, such as whether a party actually burned a flag

Front 17

question of law

Back 17

concerns the application or interpretation of the law such as whether flag burning is a form of speech protected by the first amendment

Front 18

writ of certiorari

Back 18

order issued by supreme court to a lower cout requiring the latter to send it the record of the case for review . Court will not issue a writ unless at least 4 of 9 judges approve it.

Front 19

Rule of 4

Back 19

4 judges must approve a writ of certiorari

Front 20

alternative dispute resolution

Back 20

other ways to solve cases without court system

Front 21

litigation

Back 21

process of resolving a dispute through the court system

Front 22

Negotiation

Back 22

simplest form of ADR, process in which parties attempt to settle dispute informally, with or without attorneys

Front 23

arbitration

Back 23

a neutral third party hears a dispute and imposes a resolution

Front 24

award

Back 24

arbitrators render a decision

Front 25

arbitration clause

Back 25

included in contract specifying that any dispute arising under the contract will be resolved through arbitration rahter than through the court system

Front 26

early neutral case evaluation

Back 26

parties select neutral 3rd party to evaluate their respective positions

Front 27

mini trial

Back 27

each party's attorney briefly argues the party's case before the other and a panel of reps from each side who have the authority to settle dispute

Front 28

summary jury trials

Back 28

parties present arguments and evidence and the jury renders a verdict

Front 29

American Arbitration Association AAA

Back 29

hanles 200000 claims a year

Front 30

online dispute resolution ODR

Back 30

disputes resolved in these forums most commomly involved rights to domain names