Business Law Chapter 3

Front 1

Judicial Review

Back 1

The process by which a court decides on the constitutionality of legislative enactments and actions of the executive branch.

Front 2

Jurisdiction

Back 2

The authority of a court to hear and decide a specific case.

Front 3

Long Arm Statue

Back 3

A state statute that permits a state to obtain personal jurisdiction over nonresident defendants. A defendant must have certain "minimum contacts" with that state for the statute to apply.

Front 4

Probate Court

Back 4

A state court of limited jurisdiction that conducts proceedings relating to the settlement of a deceased person's estate.

Front 5

Bankruptcy Court

Back 5

A federal court of limited jurisdiction that handles only bankruptcy proceedings, which are governed by federal bankruptcy law.

Front 6

Federal Question

Back 6

A question that pertains to the U.S. Constitution, acts of Congress or treaties. A federal question provides a basis for federal jurisdiction.

Front 7

Diversity of Citizenship

Back 7

Under Article III, Section 2, of the U.S. Constitution, a basis for federal district court jurisdiction over a lawsuit between (1) citizens of different states, (2) a foreign country and citizens of a state or different states, or (3) citizen of a state and citizens or subjects of a foreign country. The amount in controversy must be more than $75,000 before a federal district court can take jurisdiction in such cases.

Front 8

Concurrent Jurisdiction

Back 8

Jurisdiction that exists when two different courts have the power to hear a case.

Front 9

Exclusive Jurisdiction

Back 9

Jurisdiction that exists when a case can be heard only in a particular court or type of court.

Front 10

Venue

Back 10

The geographic district in which a legal action is tried and from which the jury is selected.

Front 11

Standing to Sue

Back 11

The requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit. The plaintiff must demonstrate that he or she has been either injured or threatened with injury.

Front 12

Justiciable Controversy

Back 12

A controversy that is not hypothetical or academic but real and substantial; a requirement that must be satisfied before a court will hear a case.

Front 13

Small Claims Court

Back 13

A special court in which parties may litigate small claims (such as claims of $5,000 or less).

Front 14

Question of Fact

Back 14

In a lawsuit, an issue that involves only disputed facts, and not what the law is on a given point. Questions of fact are decided by the jury in a jury trial (by the judge if there is no jury).

Front 15

Question of Law

Back 15

In a lawsuit, an issue involving the application or interpretation of a law. Only a judge, not a jury, can rule on questions of law.

Front 16

Writ of Certiorari

Back 16

A writ from a higher court asking a lower court for the record of a case.

Front 17

Rule of Four

Back 17

A rule of the United States Supreme Court under which the Court will not issue a writ of certiorari unless at least four justices approve of the decision to the issue the writ.

Front 18

Litigation

Back 18

The process of resolving a dispute through the court system.

Front 19

Pleadings

Back 19

Statements made by the plaintiff and the defendant in a lawsuit that detail the facts, charges, and defenses involved in the litigation. The complain and answer are part of the pleadings.

Front 20

Complaint

Back 20

The pleading made by a plaintiff alleging wrongdoing on the part of the defendant; the document that, when filed with a court, initiates a lawsuit.

Front 21

Summons

Back 21

A document informing a defendant that a legal action has been commenced again her or him and that the defendant must appear in court on a certain date to answer the plaintiff's complaint.

Front 22

Default Judgement

Back 22

A judgement entered by a court against a defendant who has failed to appear in court to answer or defend against the plaintiff's claim.

Front 23

Answer

Back 23

Procedurally, a defendant's response to the plaintiff's complaint.

Front 24

Counterclaim

Back 24

A claim made by a defendant in a civil lawsuit again the plaintiff. In effect, the defendant is suing the plaintiff.

Front 25

Reply

Back 25

Procedurally, a plaintiff's response to a defendant's answer.

Front 26

Motion to Dismiss

Back 26

A pleading in which a defendant asserts that the plaintiff's claims fails to state a cause of action (that is, has no basis in law) or that there are other grounds on which the suit should be dismissed. Although the defendant normally is the party requesting a dismissal, either the plaintiff or the court can also make a motion to dismiss the case.

Front 27

Motion for Judgment on the Pleadings

Back 27

A motion by either party to a lawsuit at the close of the pleadings requesting the court to decide the issue solely on the pleadings without proceeding to trial. The motion will be granted only if no facts are in dispute.

Front 28

Motion for Summary Judgment

Back 28

A motion requesting the court to enter a judgment without proceeding to trial. The motion can be based on evidence outside the pleadings and will be granted only if no facts are in dispute.

Front 29

Discovery

Back 29

A phase in the litigation process during which the opposing parties may obtain information from each other and from third parties prior to the trial.

Front 30

Deposition

Back 30

The testimony of a party to a lawsuit or a witness taken under oath or before a trial.

Front 31

Interrogatories

Back 31

A series of written questions for which written answers are prepared by a party to a lawsuit, usually with the assistance of the party's attorney, and then signed under oath.

Front 32

E-Evidence

Back 32

Evidence that consists of computer-generated or electronically recorded information, including e-mail, voice mail, spreadsheets, word-processing documents, and other data.

Front 33

Voir Dire

Back 33

An Old French phrase meaning "to speak the truth." In legal language, the process in which the attorneys question prospective jurors to learn about their backgrounds, attitudes, biases, and other characteristics that may affect their ability to serve as impartial jurors.