Business Law: Chapter 3

Front 1

Inferior Trial Courts (State Court)

Back 1

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

Front 2

Trial Courts (State Court)

Back 2

have general jurisdiction over civil and criminal cases

Front 3

Special Trial Courts (State Court)

Back 3

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

Front 4

Appellate Courts (State Court)

Back 4

include one or two levels; the highest court's decisions are final except in those cases reviewed by the U.S. Supreme Court

Front 5

Subject Matter Jurisdiction

Back 5

authority of a court to decide a particular kind of case

Front 6

Exclusive Federal Jurisdiction

(Subject Matter Jurisdiction)

Back 6

federal courts have sole jurisdiction over federal crimes, bankruptcy, antitrust, patent, trademark, copyright, and other special cases

Front 7

Concurrent Federal Jurisdiction

(Subject Matter Jurisdiction)

Back 7

authority of more than one court to hear the same case; state and federal courts have concurrent jurisdiction over (1) federal question cases (cases arising under the Constitution, statutes, or treaties of the US) which do not involve exclusive federal jurisdiction and (2) diversity of citizenship cases involving more than $75,000

Front 8

Exclusive State Jurisdiction

(Subject Matter Jurisdiction)

Back 8

State courts have exclusive jurisdiction over all matters to which the federal judicial power does not reach

Front 9

Jurisdiction over the Parties

Back 9

the power of a court to bind the parties to a suit

Front 10

In Personam Jurisdiction

(Jurisdiction over the Parties)

Back 10

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

Front 11

In Rem Jurisdiction

(Jurisdiction over the Parties)

Back 11

jurisdiction based on claims against property

Front 12

Attachment Jurisdiction

(Jurisdiction over the Parties)

Back 12

jurisdiction over a defendant's property to obtain payment of a claim not related to the property

Front 13

Venue

(Jurisdiction over the Parties)

Back 13

geographic area in which a lawsuit should be brought

Front 14

Pleadings

(Civil Procedure)

Back 14

series of statements that give notice and establish the issues of fact and law presented and disputed: Complaint, Summons, Answer, Reply

Front 15

Complaint (Pleadings) (Civil Procedure)

Back 15

initial pleading by the plaintiff stating his case

Front 16

Summons (Pleadings) (Civil Procedure)

Back 16

notice given to inform a person of a lawsuit against her

Front 17

Answer (Pleadings) (Civil Procedure)

Back 17

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

Front 18

Reply (Pleadings) (Civil Procedure)

Back 18

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

Front 19

Pretrial Procedure

Back 19

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: Judgment on Pleadings, Discovery, Pretrial Conference, Summary Judgment

Front 20

Judgment on Pleadings (Pretrial Procedure)

(Civil Procedure)

Back 20

a final ruling in favor of one party by the judge based on the pleadings

Front 21

Discovery (Pretrial Procedure)

(Civil Procedure)

Back 21

right of each party to obtain evidence from the other party

Front 22

Pretrial Conference (Pretrial Procedure)

(Civil Procedure)

Back 22

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

Front 23

Summary Judgment (Pretrial Procedure)

(Civil Procedure)

Back 23

final ruling by the judge in favor of one party based on the evidence disclosed by discovery

Front 24

Trial (Civil Procedure)

Back 24

determines the facts and the outcome of the case: Jury Selection, Conduct of Trial, Directed Verdict, Jury Instructions, Verdict, Motions Challenging Verdict

Front 25

Jury Selection (Trial)

(Civil Procedure)

Back 25

each party has an unlimited number of challenges for cause and a limited number of peremptory challenges

Front 26

Conduct of Trial (Trial)

(Civil Procedure)

Back 26

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

Front 27

Directed Verdict (Trial)

(Civil Procedure)

Back 27

final ruling by the judge in favor of one party based on the evidence introduced at trial

Front 28

Jury Instructions (Trial)

(Civil Procedure)

Back 28

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

Front 29

Verdict (Trial)

(Civil Procedure)

Back 29

the jury's decision based on those facts the jury determines the evidence proves

Front 30

Motions Challenging Verdict (Trial)

(Civil Procedure)

Back 30

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

Front 31

Appeal (Civil Procedure)

Back 31

determines whether the trial court committed prejudicial error

Front 32

Enforcement (Civil Procedure)

Back 32

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

Front 33

Arbitration (Alternative Dispute Resolution)

Back 33

nonjudicial proceeding in which a neutral third party selected by the disputants renders a binding decision (award)

Front 34

Conciliation (Alternative Dispute Resolution)

Back 34

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

Front 35

Mediation (Alternative Dispute Resolution)

Back 35

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

Front 36

Mini-Trial (Alternative Dispute Resolution)

Back 36

nonbonding process in which attorneys for the disputing parties (typically corporations) present evidence to managers of the disputing parties and a neutral third party, after which the managers attempt to negotiate a settlement in consultation with the third party

Front 37

Summary Jury Trial

(Alternative Dispute Resolution)

Back 37

mock trial followed by negotiations

Front 38

Negotiation (Alternative Dispute Resolution)

Back 38

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