Business Law I Ch.3

Front 1

The process by which a court decides on the constitutionality of legislative enactments and actions of the executive branch; enables the judicial branch to act as a check on the other two branches of government.

Back 1

Judicial Review

Front 2

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

Back 2

Jurisdiction

Front 3

A state statute that permits a state to exercise jurisdiction over nonresident defendants.

Back 3

Long Arm Statute

Front 4

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

Back 4

Probate Court

Front 5

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

Back 5

Bankruptcy Court

Front 6

A question that pertains to the U.S. Constitution, an act of Congress, or a treaty and provides a basis for federal jurisdiction in a case.

Back 6

Federal Question

Front 7

A basis for federal court jurisdiction over a lawsuit between citizens of different states and countries.

Back 7

Diversity of Citizenship

Front 8

Jurisdiction that exists when two different courts have the power to hear a case. (state and federal)

Back 8

Concurrent Jurisdiction

Front 9

Jurisdiction that exists when a case can be heard only in a particular court or type of court.;;Federal: federal crimes, bankruptcy, patents, and copyrights;;State: divorce & adoption

Back 9

Exclusive Jurisdiction

Front 10

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

Back 10

Venue

Front 11

The legal requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit; the party bringing up the lawsuit must have suffered a harm, or have been threatened by a harm, as the result of the action about which she/he has complained.

Back 11

Standing to Sue

Front 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.

Back 12

Justiciable Controversy

Front 13

A special court in which parties can litigate small claims without an attorney.

Back 13

Small Claims Court

Front 14

In a lawsuit, an issue that involves only disputed facts, and not what the law is on a given point.

Back 14

Question of Fact

Front 15

In a lawsuit, an issue involving the application or interpretation of a law; Appellate courts generally focus on this; only a judge, not a jury can rule on this.

Back 15

Question of Law

Front 16

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

Back 16

Writ of Certiorari

Front 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 issue the writ.

Back 17

Rule of Four

Front 18

The process of resolving a dispute through the court system; the process of working a lawsuit through the court system

Back 18

Litigation

Front 19

Statements by the plaintiff and the defendant that details the facts, charges, and defenses of a case.

Back 19

Pleadings

Front 20

The pleading made by a plaintiff alleging wrongdoing on the part of the defendant. When filed with a court, the complaint initiates a lawsuit.

Back 20

Complaint

Front 21

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

Back 21

Summons

Front 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.

Back 22

Default Judgement

Front 23

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

Back 23

Answer

Front 24

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

Back 24

Counterclaim

Front 25

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

Back 25

Reply

Front 26

A pleading in which a defendant admits the facts as alleged by the plaintiff but asserts that the plaintiff's claim to state a cause of action has no basis in law.;; eg: Marconi suffered no injuries or losses

Back 26

Motion to Dismiss

Front 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 trail. The motion will be granted only if no facts are in dispute.

Back 27

Motion for Judgment on the Pleadings

Front 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.

Back 28

Motion for Summary Judgment

Front 29

A method by which the opposing parties obtain information from each other to prepare for trial.

Back 29

Discovery

Front 30

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

Back 30

Deposition

Front 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.;; Main difference to depositions is that it is directed to a party to the lawsuit (plaintiff or defendant)

Back 31

Interrogatories

Front 32

A type of evidence that consists of all computer-generated or electronically recorded information.

Back 32

E-Evidence

Front 33

An important part of the jury selection process in which the attorneys question prospective jurors about their backgrounds, attitudes, and biases to ascertain whether they can be impartial jurors.

Back 33

Voir Dire

Front 34

A motion for the judge to take the decision out of the hands of the jury and to direct a verdict for the party making the motion on the ground that the other party has not produced sufficient evidence to support her or his claim.

Back 34

Motion for a Directed Verdict

Front 35

The monetary compensation given to a party at the end of a trial or other proceeding.

Back 35

Award

Front 36

A motion requesting the court to grant judgment in favor of the party making the motion on the ground that the jury's verdict against him or her was unreasonable and erroneous.

Back 36

Motion for Judgment N.O.V.

Front 37

A motion asserting that the trial was so fundamentally flawed (because of error, newly discovered evidence, prejudice, or another reason) that a new trial is necessary to prevent a miscarriage of justice.

Back 37

Motion for a New Trial

Front 38

A written summary or statement prepared by one side in a lawsuit to explain its case to the judge.

Back 38

Brief

Front 39

The list of cases entered on a court's calendar and thus scheduled to be heard by the court

Back 39

Docket

Front 40

The resolution of disputes in ways other than those involved in the traditional judicial process, such as negotiation, mediation, and arbitration.

Back 40

Alternative Dispute Resolution (ADR)

Front 41

A process in which parties attempt to settle their dispute informally, with or without attorneys to represent them.

Back 41

Negotiation

Front 42

A method of settling disputes outside the courts by using the services of a neutral third party, who acts as a communicating agent between the parties and assists them in negotiating a settlement.

Back 42

Mediation

Front 43

The settling of a dispute by submitting it to a disinterested third party (other than a court), who renders a decision.

Back 43

Arbitration

Front 44

A clause in a contract that provides that, in the event of a dispute, the parties will submit the dispute to arbitration rather than litigate the dispute in court.

Back 44

Arbitration Clause

Front 45

A method of settling disputes by holding a trial in which the jury's verdict is not binding but instead guides the parties toward reaching an agreement during the mandatory negotiations that immediately follow.

Back 45

Summary Jury Trial (SJT)

Front 46

The resolution of disputes with the assistance of organizations that offer dispute-resolution services via the Internet.

Back 46

Online Dispute Resolution (ODR)