Buslaw Ch 2

Front 1

the resolution of disputes in ways other than those involved in the traditional judicial process. (ie negotiation, mediation, arbitration)

Back 1

Alternative Dispute Resolution (ADR)

Front 2

the settling of a dispute by submitting it to a disinterested thrid party (other than the court), who renders a decision. The decision may or may not be legally binding

Back 2

arbitration

Front 3

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 3

arbitration clause

Front 4

in the constitutionnm a basis for federal court jurisdiction over a lawsuit between:
1. citizens of different states
2. a foreign country and citizens of a state or of different states
3. citizens of a state and citizens or subjects of a foreign country.

the amt in the controversy must be more than 75,000 before a federal court can take jurisdiction in such cases

Back 4

diversity of citizenship

Front 5

a question that pertains to the US Constitution, acts of congress, or treaties. It provides a basis for federal jurisdiction

Back 5

federal question

Front 6

court jurisdiction over the "person" involved in a legal action; personal jurisdiction

Back 6

in personam juridiction

Front 7

court jurisdiction over a defendant's property

Back 7

in rem jurisdiction

Front 8

the authority off a court to hear and decide a specific action

Back 8

jurisdiction

Front 9

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

Back 9

long arm statute

Front 10

a method of settling disputes outside of court by using the services of a neutral 3rd party, who acts as a communicating agent between the parties and suggests ways in which the parties can resolve their dispute

Back 10

mediation

Front 11

in regard to dispute settlement, a process in which parties attempt to settle their dispute without going to court, with or without attorneys to represent them

Back 11

negotiation

Front 12

in a lawsuiit, an issue involving a factual dispute that can only be decided by a judge/jury

Back 12

question of fact

Front 13

in a lawsuit, an issue involving the application or interpretation of a law; therefore, the judge, and not the jury

Back 13

question of law