Business Law

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district courts

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trial courts of general jurisdiction that can hear and decide most legal controversies in the federal system

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courts of appeals

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hear appeals from the district courts and review order of certain administrative agencies

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reverse

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set aside the lower court's judgment

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remand

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send the case back to the lower court

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affirm

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uphold the lower court's judgment

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the supreme court

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the nation's highest court whose principal function is to review decisions of the federal courts of appeals and the highest state courts

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appeal by right

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mandatory review by a higher court

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writ of certiorari

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discretionary review by a higher court

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special courts

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have jurisdiction over cases in particular area of federal law and include the us court of federal claims, the tax court, the us bankruptcy courts, and the us court of appeals for the federal circuit

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inferior trial courts

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hear minor criminal cases such as traffic offenses and civil cases involving small amounts of money and conduct preliminary hearings in more serious criminal cases

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small claims courts

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inferior trial courts with jurisdiction over civil cases involving a limited dollar amount

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trial courts

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have general jurisdiction over civil and criminal cases

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special trial courts

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trial courts, such as probate courts and family courts, which have jurisdiction over a particular area of state law

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appellate courts

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include one or tow levels; the highest court's decisions are final excepty in those cases reviewed by the u.s. supreme court.

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jurisdiction

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authority of a court to hear and decide a case

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subject matter jurisdiction

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authority of a court to decide a particular kind of case

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Exclusive federal jurisdiction

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jurisdiction that permits only the federal courts to hear a case

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Concurrent federal jurisdiction

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authority of federal or state courts to hear the same case

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federal question

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any case arising under the constitution, statutes, or treaties of the us.

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in personam jurisdiction

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jurisdiction based on claims against a person, in contrast to jurisdiction over property

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in rem jurisdiction

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jurisdiction based on claims against property

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quasi in rem jurisdiction

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jurisdiction over property not based on claims against it

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venue

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particular geographical place where a court with jurisdiction may hear a case

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pleadings

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series of responsive, formal, written statements by each side to a lawsuit

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complaint

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initial pleading by the plaintiff stating his case

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summons

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notice given to inform a person of a lawsuit against her

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default judgment

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judgment against a defendant who fails to respond to a complaint

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demurrer

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motion to dismiss for failure to state a claim

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Answer

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defendant's pleading in response to the plaintiff's complaint

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reply

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plaintiff's pleading in response to the defendant's answer

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pretrial procedure

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process requiring the parties to disclose what evidence is available to prove the disputed facts; designed to encourage settlement of cases or to make the trial more efficient

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judgment on the pleadings

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final binding determination on the merits made by the judge after the pleadings

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discovery

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pretrial exchange of information between opposing parties to a lawsuit

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pretrial conference

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a conference between the judge and the attorneys to simplify the issues in dispute and to attempt to settle the dispute without trial

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summary judgment

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binding determinations on the merits made by the judge before trial

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trial

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determines the facts and the outcome of the case

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voir dire

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preliminary examination of potential jurors

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conduct of trial

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consists of opening statements by attorneys, direct and cross-examination of witnesses, and closing arguements

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directed verdict

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final binding determination on the merits made by the judge after a trial has begun but before the jury renders a verdict

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jury instructions

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judge gives the jury the particular rules of law that apply to the case

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verdict

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formal decision by the jury on questions submitted to it

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motions challenging verdict

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including motions for a new trial and a motion for judgment notwithstanding the verdict

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judgment notwithstanding the verdict

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a final binding determination on the merits made by the judge after and contrary to the jury's verdict

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appeal

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determines whether the trial court committed prejudicial error

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enforcement

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plaintiff with an unpaid judgment may resort to a writ of execution to have the sheriff seize property of the defendant and to garnishment to collect money owed to the defedant by a third party

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arbitration

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nonjudicial proceeding where a neutral third party selected by disputants renders a binding decision

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consensual arbitration

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arbitration voluntarily entered into by the parties

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conpulsory arbitration

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arbitration required by statute for specific types of disputes

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award

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the decision of an arbitrator

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conciliation

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nonbinding process in which a third party acts as an intermediary between the disputing parties

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mediation

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nonbinding process in which a third party acts as an intermediary between the disputing parties and proposes solutions for them to consider

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med-arb

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binding process in which a third party serves first as a mediator and then as an arbitrator for those issues not resolved through mediation

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mini-trial

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nonbinding process in which attorney for the disputing parties presen evidence to managers of the disputing parties and a neutral third party, and then the managers attempt to negotiate a settlement in consultation with the third party

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Summary jury trial

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mock trial followed by negotiations

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negotiation

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consensual bargaining process in which the parties attempt to reach an agreement resolving their dispute without the involvement of third parties.

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Federalism

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governing pwer is divided between the federal government and the states

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supremacy clause

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federal law takes precedence over conflicting state laws

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federal preemption

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first right of the federal government to regulate matters within its powers to the possible exclusion of state reguation

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judicial review

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power of the courts to determine the constitutionality of any legislative or executive act

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separation of powers

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allocation of powers among the legislative, executive, and judicial branches of government

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commerce power

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exclusive power granted by the us constitution to the federal government to regulate commerce with foreign conuntires and among the states

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state regulation of commerce

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the commerce clause of the us constitution restricts the states power to regulate activities if the result obstructs interstate commerce

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eminent domain

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the power of a government to take private property for public use upon payment of fair compensation

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rational relationship test

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requirement that regulation bears a rational relationship to a legitimate governmental interest

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strict scrutiny test

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requirement that regulation be necessary to promote a compelling governmental interest

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intermediate test

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requirement that regulation have a substantial relationship to an important governmental objective

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contract clause

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prohibition against the states retroactively modifying public and private contracts

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free speech

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first amendment protects most speech by using a strict scrutiny standard

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coporate political speech

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first amendment protects a corporation's right to speak out on political issues

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commercial speech

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expression related to the economic interest of the speaker and his audience.

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defamation

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injury of a person's reputation by publication of false statements

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due process

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fifth and fourteenth amendments prohibit the federal and state governments from depriving any peson of life, liberty, or property without due process of law

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substantive due process

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requirement that governmental action be compatible with individual liberties

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procedural due process

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requirement that governmental action depriving a person of life, liberty, or property be done through a fair procedure

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liberty

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ability of individuals to engage in freedom of action and choice regarding their personal lives

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property

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includes real property, personal property, and certain benefits conferred by government

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equal protection

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requirement that similarly situated persons be treated similarly by government action

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rational relationship test

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a standard of review used to determine whether economic regulation satisfies the equal protection guarantee

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strict scrutiny test

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exacting stand of review applicable to regulation affecting a fundamental right or involving a suspect classification.

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intermediate test

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standard of review applicable to regulation based on gender and legitimacy.