Business Law Chapter 3

Front 1

Courts

Back 1

Judicial tribunals that meet in a regular place and apply the law in an attempt to settle disputes by weighing the arguments presented by advocates for each party

Front 2

The federal court systemi

Back 2

Authorized by article III of the us constitution, which states, the judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as congress may from time to time ordain and establish.

Ex. Supreme court, courts of appeal, and federal district courts

Front 3

Jurisdiction

Back 3

Authority of a court to hear and decide cases

Front 4

Original jurisdiction

Back 4

Court has the authority to hear a case when it is first brought to court

Front 5

Appellate jurisdiction

Back 5

Those courts that have the power to review a case for errors

Front 6

Plenary review

Back 6

Courts with appellate jurisdiction will be empowered to determine whether the lower courts have made errors of law

Front 7

General jurisdiction

Back 7

Courts with the power to hear any type of case

Front 8

Special jurisdiction

Back 8

Courts with the power to hear only certain types of cases

Front 9

Subject mayter

Back 9

Jurisdiction is the courts power to hear a particular type of case

Front 10

Personal jurisdiction

Back 10

Is the courts authority over the parties to a lawsuit

Front 11

Court jurisidction

Back 11

Federal district courts have subject matter jurisdiction over cases that Pertain to a federal question

Front 12

Federal question

Back 12

Involves the US constitution, a federal statute or statues or a treaty

Front 13

Diversity case

Back 13

Between citizens of different states, between citizens of a state or different states and citizens of a foreign nation, between citizens of a state and foreign government as the plaintiff

Front 14

Supreme Court

Back 14

The court of final jurisdiction in all cases appealed from the lower federal courts and in cases coming from state supreme courts.

Front 15

Supreme court

Back 15

Has original jurisdiction in cases affecting ambassadors or other public ministers and consuls and in cases in which a state is a party

Front 16

Supreme court

Back 16

Composed of a Chief Justice and eight associate justices.

Front 17

Writ of certiorari

Back 17

An order from the Supreme Court to a lower court to deliver its records to the US Supreme Court for review

Front 18

The state trial courts

Back 18

Also known as the general jurisdiction courts, have the power to hear any type of case, often called superior courts, circuit courts or course of common pleas

Front 19

Civil litigation

Back 19

Process of bringing a case to court to enforce a right.

Front 20

Plaintiff

Back 20

Person who brings the lawsuit by filing a complaint in the appropriate trial court of general jurisdiction

Front 21

Defendant

Back 21

Person against whom the lawsuit has been brought and from whom a recovery is sought.

Front 22

The complaint

Back 22

Sets forth the names of the parties to the lawsuit, identifying them as plaintiffs or defendants

Front 23

The complaint

Back 23

The facts in the case from the plaintiffs perspective

The alleged legal violations by the defendant

The injuries that the plaintiff suffered

The plaintiffs request for relief

Front 24

Class action

Back 24

A lawsuit in which one or a small number of potential plaintiffs file a lawsuit on behalf of the entire class

Front 25

Civil procedure

Back 25

1 - it is not feasible for the members of the group to bring the suit on their own

2 the members of the group share common questions of a law that can be tried together

3 the class action approach is far better than forcing the plaintiffs to file separate actions

Front 26

Forum shopping

Back 26

Occurs when a plaintiff searches for a jurisdiction with law that is favorable to its case, and then files the case in that jurisdiction.

Front 27

The summons

Back 27

Names the court of jurisdiction, described the nature of the action, and demands that the defendant answer the complaint within a specified period of time.

Front 28

Service of process

Back 28

Giving the summons and the complaint to the defendant.

Front 29

Pre answer stage

Back 29

The time between service and answer

Front 30

Motion

Back 30

A quest for the court to rule on a particular issue

Front 31

Answer

Back 31

He defendants official response to the complaint

Front 32

Affirmative defense

Back 32

A set of circumstances that indicate that the defendant should not be held liable, even if the plaintiff proves all of the facts in the complaint

Front 33

Counterclaim

Back 33

A claim that a defendant has against a plaintiff

Front 34

Cross claim

Back 34

A claim filed by a defendant against another defendant in the same case

Front 35

Third party complaint

Back 35

A complaint filed by the defendant against a third part not yet named in the law suit

Front 36

Pretrial conference

Back 36

To discuss the possibility of settling the case without the need for trial

To decide on the details involved in bringing the case to trial

Front 37

Pretrial conference

Back 37

To discuss the possibility of settling the case without the need for trial

To decide on the details involved in bringing the case to trial

Front 38

Summary judgement motion

Back 38

A motion that asks the court for an immediate judgement for the Party filing the motion

Front 39

Discovery

Back 39

The process by which the parties to a civil action search for information that is relevant to the case.

Ex depositions, interrogatories, requests for real evidence, requests for admissions

Front 40

Jury selection

Back 40

The lawyers for both parties question prospective jurors to determine whether they will be allowed to sit on the jury

Front 41

The civil trial

Back 41

Opening statements, the plaintiffs case in chief, the defendants case in chief, the rebuttal and the surrebuttal, closing statements, jury instructions, verdict and judgement.

Front 42

The plaintiffs case in chief

Back 42

Direct examination

Cross examination

Front 43

The civil trial

Back 43

Opening statements, the plaintiffs case in chief, the defendants case in chief, the rebuttal and the surrebuttal, closing statements, jury instructions, verdict and judgement.

Front 44

The plaintiffs case in chief

Back 44

Direct examination

Cross examination

Front 45

Verdict and judgement

Back 45

Verdict, liability, damages, equitable remedy, specific performance, injunction

Front 46

Appeal

Back 46

The referral of a case to a higher court for review

Front 47

Writ of execution

Back 47

If the judgement is not paid, the court will order the losers property to be sold by the sheriff to satisfy the judgement

Front 48

Cyber jurisdixtion

Back 48

The power of the court to hear a case based on internet related transactions. Also known as e-jurisdiction

Front 49

Cyber filling

Back 49

Electronic filling

Front 50

Criminal procedure

Back 50

Arrest and initial appearance

Preliminary hearing

Formal charges

Arraignment

Trial

Front 51

Preliminary hearinf

Back 51

A court procedure during which the judge decides whether probable cause exists to continue holding the defendant for the crime.

Front 52

Indictment

Back 52

Set of formal charges against a defendant issued by a grand jury

Front 53

An information

Back 53

A set of formal charges against a defendant drawn up and issued by the prosecutor or district attorney

Front 54

Arraignemtn

Back 54

A formal court proceeding, during which the defendant, after hearing the indictment or information read, pleads either guilty or not guilty.