Business Law Ch. 2

Front 1

litigation

Back 1

contesting a disputed claim in court

Front 2

Alternative Dispute Resolution

Back 2

negotiation, mediation, arbitration

Front 3

negotiation

Back 3

ADR in which parties with differing demands reach an agreement civilly

Front 4

mediation

Back 4

relatively informal process in which a neutral third party, the mediator helps resolve a dispute.

Front 5

arbitration

Back 5

method of resolving disputes in which an objective 3rd party proposes a resolution that the 2 parties are bound by law to accept

Front 6

due process of law

Back 6

entitles a party to a civil law suit and to receive notice (pleadings, discovery, trial)

Front 7

pleadings

Back 7

written documents that summarize the facts and establish the legal issues of a lawsuit.

-filed with court and are served on the parties

Front 8

complaint

Back 8

a statement of the basis for the courts jurisdiction, allegations of facts, or demand for relief.

-first step

-plaintiffs statements of facts

Front 9

cause of action

Back 9

facts that, if proven entitle the plaintiff to judicial relief

-statutory law and common law establish the elements of a cause of action

Front 10

damages

Back 10

a monetary award "legal remedy"

Front 11

class action

Back 11

cases involving numerous plaintiffs

Front 12

service of process

Back 12

formal delivery of the complaint and a summons to the defendant

Front 13

summons

Back 13

orders defendant to appear in court on a certain date

Front 14

personal jurisdiction

Back 14

(in personam) courts power and authority to issue a judgement that is binding on the parties.

-plaintiff voluntarily submits to its jurisdiction by filing the lawsuit

Front 15

long arm statues

Back 15

codes the minimum contacts that subject a nonresident defendant to a state courts jurisdiction

-service of process still must be made

Front 16

default judgement

Back 16

a ruling in favor of the plaintiff granting the relief requested in complaint

Front 17

answer

Back 17

defendants reply to each allegation by admitting or denying the truth of the allegation

Front 18

affirmative defense

Back 18

allegation of facts that the law recognizes as a bar to the plaintiffs claim

Front 19

counterclaim

Back 19

complaint filed by the defendant against the plaintiff

Front 20

compulsory counterclaim

Back 20

legal claims arising from the same facts alleged in the original complaint

Front 21

permissive counterclaim

Back 21

concern facts not related to the plaintiffs cause of action

Front 22

crossclaims

Back 22

complaints against other parties listed as defendants in the lawsuit

Front 23

third party complaint

Back 23

defendant named in original complaint suing someone not named in original claim

Front 24

motion

Back 24

application to the court to issue an order on a matter of law

Front 25

motion to dismiss the complaint

Back 25

filed by the defendant, usually instead of answering the complaint

Front 26

motion for judgement on the pleadings

Back 26

allows the court to rule as a matter of law that one of the parties is entitled to judgement

Front 27

motion for change of venue

Back 27

change place of trial

Front 28

discovery

Back 28

process in which the parties collect potential evidence

Front 29

interrogatories

Back 29

written questions submitted by one party to another party who must provide written answers under oath

Front 30

deposition

Back 30

testimony under oath of a person (the deponent) who is examined by (deposed) out of court

Front 31

subpoena

Back 31

court order commanding the deponent to appear and present testimony

Front 32

request for production of documents and things

Back 32

"discovery tool" a parties written request to another party to produce specified materials in her possession/control for examination & copying

Front 33

request for admission

Back 33

a written request from either party asking for the other party to admit certain facts or opinions of facts or the genuineness of specified documents

Front 34

motion for summary judgment

Back 34

motion made during discovery of a civil case alleging that no relevant facts are in dispute, allowing judge to decide the case as a matter of law

Front 35

trial

Back 35

a formal proceeding in court in which

Front 36

petit jury

Back 36

a body of disinterested persons

Front 37

7th amendment

Back 37

guarantees a right to a jury trial

Front 38

evidence

`

Back 38

legally admissible testimony/ documents offered to prove facts

Front 39

burden of proof

Back 39

the duty or obligation to prove the disputed fact or facts constituting a cause of action or affirmative defense

Front 40

trial process

Back 40

1. jury selection

2. opening statements

3. presentation of evidence

4. closing arguments

5. instruction to the jury

Front 41

voir dire examination

Back 41

procedure by which the potential jurors are questioned under oath to determine whether they are suitable to serve on jury

Front 42

challenges for causes

Back 42

disqualification of the potential juror because of business/ personal ties (bias)

Front 43

peremptory challenges

Back 43

disqualification of the potential juror for which the party does not state a reason

Front 44

opening statement

Back 44

"thesis statement"

Front 45

direct examination

Back 45

plaintiff asks questions that are answered by witness

Front 46

cross examination

Back 46

further questions concerning the testimony elicited on direct examination

Front 47

exhibits

Back 47

approved evidence

Front 48

motion for directed verdict

Back 48

requests to make the court to rule as a matter of law that the defendant is entitled to judgement in his favor

Front 49

closing arguments

Back 49

analyze info in case

Front 50

jury instruction

Back 50

judge explains law to jury

Front 51

verdict

Back 51

formal decision of the issues of the case

Front 52

hung jury

Back 52

when jury cannot reach a verdict

Front 53

judgement not withstanding the verdict

Back 53

requesting court to find as a matter of law that the jury's verdict was incorrect and to enter judgement in favor of moving party.

Front 54

entry of judgement

Back 54

decision of a case that will be entered in the court's records

Front 55

appellant

Back 55

person who files appeal

Front 56

brief

Back 56

written documents summarizing the legal errors in a case for appellate review

Front 57

appellee

Back 57

party that is served brief

Front 58

prejudicial error

Back 58

a legal error that affect

Front 59

harmless error

Back 59

an error that didn't affect fairness to a case

Front 60

affirm

Back 60

appellate court determines there are no prejudicial error

Front 61

reverses

Back 61

appellate court finds an error and they set aside the judgement entered by trial court

Front 62

remands

Back 62

sends case back to trial court

Front 63

res judicata

Back 63

("the thing has been decided") final judgement is conclusive

Front 64

collateral estoppel

Back 64

prevents relitagation of issues common to two or more claims between the parties

Front 65

Full Faith & Credit Clause

Back 65

prevents relitagation of cases previosly decided in other states