Business Law

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• 13th Circuit

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is the Greenville and Pickens county court system. Includes the court of common pleas and the court of general sessions.

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• 13th Circuit

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is the Greenville and Pickens county court system. Includes the court of common pleas and the court of general sessions.

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• 13th Circuit

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is the Greenville and Pickens county court system. Includes the court of common pleas and the court of general sessions.

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• 4th Circuit

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is a federal court located in Richmond, Virginia, with appellate jurisdiction over South Carolina among other places.

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• Adminstrative Remedies

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the non judicial remedy provided by an agency, board, commission or any other like organization. The administrative remedy must be exhausted before a court takes jurisdiction of the case. For instance, the U.S district courts will not consider a social security case unless all hearing, appeal and other remedies that is available before the social security administration is exhausted.

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• Arbitration

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a type of ADR in which a third party reviews the evidence in the case and imposes a decision that is legally binding on both sides and enforceable in the courts.

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• Burden of Proof

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always lies with the party that brings charges. The burden of proof in a civil trial is greater weight of preponderance. Criminal – beyond a reasonable doubt. Fraud – prove by clear and convincing evidence.

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• Certiorari

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is a writ seeking judicial review. It is issued by the Supreme Court directing an inferior court to send the record of a proceeding for review. They will hear the case.

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• Common Law

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law developed by judges through decisions of courts and similar tribunals, as opposed to statutes adopted through the legislative process or regulations issued by the executive branch.

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• Compromise

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Mutual concessions

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• De Novo

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A trial or a hearing that is ordered by an appellate court that has reviewed the record of a hearing in a lower court and sent the matter back to the original court for a new trial, as if it had not been previously heard nor decided. When a court hears a case de novo, it is deciding the issues without reference to the legal conclusions or assumptions made by the previous court to hear the case.

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• Demurrer

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a written response to a complaint filed in a lawsuit which, in effect, pleads for dismissal on the point that even if the facts alleged in the complaint were true, there is no legal basis for a lawsuit. Think statute of limitations case.

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• Deposition

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the out-of-court oral testimony of a witness that is reduced to writing for later use in court or for discovery purposes.

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• Dicta

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tells us what the court may or my not do in the future and provides ammunition for it. Doesn’t create substantive law

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• Directed Verdict

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In a jury trial, a directed verdict is an order from the presiding judge to the jury to return a particular verdict. A ruling entered by a trial judge after determining that there is no legally sufficient evidentiary basis for a reasonable jury to reach a different conclusion.

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• Discovery

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the process of assembling the testimonial and documentary evidence in a case before trial.

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• Diversity

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is a form of subject-matter jurisdiction in civil procedure in which a United States district court in the federal judiciary has the power to hear a civil case where the persons that are parties are citizens of different states or non-U.S. citizens.

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• Equity

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a venerable group of rights and procedures to provide fairness, unhampered by the narrow strictures of the old common law or other technical requirements of the law.

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• Federal Question

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federal-question jurisdiction is the subject-matter jurisdiction of United States federal courts to hear a civil case because the plaintiff has alleged a violation of the United States Constitution, federal law, or a treaty to which the United States is a party. Assets in question must be 75,000 dollars or more.

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• Fiduciary

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A fiduciary is a legal or ethical relationship of trust between two or more parties. Typically, a fiduciary prudently takes care of money for another person. Must have the best interest of the person in mind at all times.

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• Full Faith and Credit

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The Full Faith and Credit Clause requires all States in the US to recognize and give effect to the legislation, public records and judicial decisions of other Sates in the US.

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• In Personam Jurisdiction

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jurisdiction over people (or the parties to a lawsuit). Can depend on physical borders.

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• JNOV

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stands for “judgment notwithstanding the verdict”. After a jury hands down a judgment, if the court finds bias or jury misconduct the court may overturn the verdict with a JNOV.

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• Judicial Review

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refers to the power of a court to review a statute, treaty or administrative regulation for constitutionality or consistency with a superior law. It is a type of checks and balances on the other branches of gov’t.

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• Jurisdiction

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the power or authority to decide legal cases

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• Justiciable

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lends itself to being solved by the court system

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• Long Arm Statute

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extends a state’s jurisdiction to non-residents who were not served a summons within the state. Gives a local state court jurisdiction over an out-of-state company or individual whose actions caused damage locally or to a local resident. Person must have at least minimum contact with state

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• Maxims of Equity

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are a general principles of law embodied in familiar phrases which are used as guiding truths by both judges and lawyers. Example: You must be just before you are generous.

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• Mediation

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a form of ADR in which the parties use a mediator to propose a settlement of their dispute

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• Parol Evidence

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Parol evidence is oral evidence, as opposed to written evidence. Most agreements are enforceable under contract law even if only oral. The terms of the contract cannot be altered by evidence of oral (parol) agreements purporting to change, explain or contradict the written document. Meant to maintain the integrity of written documents

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• Pleadings

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The paperwork that is filed with the court to initiate and respond to a lawsuit. Includes a complaint.

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• Precedent

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prior reported opinion of an appeals court which establishes the legal rule (authority) in the future on the same legal question decided in the prior judgment.

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• Preponderance

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A more convincing amount of evidence than the other side has; the general standard for finding for one side in a civil case; enough proof to convince the judge that something is more likely to have occurred than not to have occurred.

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• Private Law

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The branch of law that deals with the legal rights and relationships of private individuals

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• Procedural Law

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the technical aspects of a legal system that states the steps that need to followed while enforcing criminal or civil law. The body of legal rules that govern the process for determining the rights of parties.

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• Public Law

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The branch of law that deals with the state or government and its relationships with individuals or other governments.

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• Remedial Statutes

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a law whose purpose is to correct an existing law that isn't working or has caused some harm and not good.

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• Request for Admission

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are a set of statements sent from one litigant to an adversary, for the purpose of having the adversary admit or deny the statements or allegations therein. Requests for admissions are part of the discovery process in a civil case.

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• Res Judicata

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a matter finally decided on its merits by a court having competent jurisdiction and not subject to litigation again between the same parties. Similar to double jeopardy but for civil trials.

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• Specific Performance

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an order of a court which requires a party to perform a specific act, usually what is stated in a contract. It is an alternative to awarding damages, and is classed as an equitable remedy.

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• Standing

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having a personal stake in the outcome of a case

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• Stare Decisis

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a doctrine or policy of following rules or principles laid down in previous judicial decisions unless they contravene the ordinary principles of justice

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• Statutory Law

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written law set down by legislatures

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• Subject Matter Jurisdiction

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the authority of a court to hear cases of a particular type or cases relating to a specific subject matter.

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• Substantive Law

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law that establishes principles and creates and defines rights or limitations under which society is governed, as differentiated from "procedural law".

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• Summary Judgment

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A motion which asserts that there are no factual disputes to be decided by the jury and that the judge can apply the proper law to the undisputed facts and decide the case without a jury. Supported by affidavits, documents, etc.

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• Supplemental Proceedings

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A supplementary proceeding provides the creditor with a chance to discover whether the debtor has any money or property that can be used to satisfy the judgment. If the debtor is found to have money or property, the court can order the debtor to use it to satisfy the judgment.

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• Tort

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are civil wrongs recognized by law as grounds for a lawsuit

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• Uniform Laws

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An unofficial set of laws proposed for all states to adopt as written, for the purpose of their being more uniformity of laws from state to state. (Example: Uniform Commercial Code)

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• Venire

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A panel of prospective jurors. A jury is eventually chosen from the venire.

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• Venue

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a concept that requires lawsuits to be heard by the court with jurisdiction that is nearest the location in which the incident occurred or where the parties reside.

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• Verdict

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It means the decision of a jury, and it never means the decision of a court or a referee or a commissioner

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• Voir Dire

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during the jury selection process, when judge and attorneys ask prospective jurors questions to determine whether they would be biased or qualified.

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• Writ of Execution

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a court order that is granted in order to satisfy a judgment awarded to a plaintiff in a court of law. If a court issues a writ of execution, usually a local sheriff is charged with taking possession of property owned by the debtor.

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