Business Law Chapter 2

Front 1

voir dire

Back 1

An old French phrase meaning "to speak the truth." In legal language, the phrase refers to 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.

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writ of certiorari

Back 2

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

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alternative dispute resolution (ADR)

Back 3

The resolution of disputes in ways other than those involved in the traditional judicial process. Negotiation, mediation, and arbitration are forms of ADR.

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answer

Back 4

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

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arbitration

Back 5

The settling of a dispute by submitting it to a disinterested third party (other than a court), who renders a decision that is (most often) legally binding.

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arbitration clause

Back 6

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.

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award

Back 7

litigation, the amount of money awarded to a plaintiff in a civil lawsuit as damages. In the context of alternative dispute resolution, the decision rendered by an arbitrator.

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bankruptcy court

Back 8

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

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brief

Back 9

A formal legal document submitted by the attorney for the appellant or the appellee (in answer to the appellant's brief) to an appellate court when a case is appealed. The appellant's brief outlines the facts and issues of the case, the judge's rulings or jury's findings that should be reversed or modified, the applicable law, and the arguments on the client's behalf.

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complaint

Back 10

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.

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concurrent jurisdiction

Back 11

Conditions that must occur or be performed at the same time they are mutually dependent. No obligations arise until these conditions are simultaneously performed.

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counterclaim

Back 12

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

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default judgment

Back 13

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

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deposition

Back 14

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

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discovery

Back 15

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

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diversity of citizenship

Back 16

Under Article III, Section 2, of the 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 of different states, or (3) citizens 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.

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docket

Back 17

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

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e-evidence

Back 18

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

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early neutral case evaluation

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A form of alternative dispute resolution in which a neutral third party evaluates the strengths and weaknesses of the disputing parties' positions. The evaluator's opinion then forms the basis for negotiating a settlement.

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exclusive jurisdiction

Back 20

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

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federal question

Back 21

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

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interrogatories

Back 22

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

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judicial review

Back 23

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

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jurisdiction

Back 24

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

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justiciable controversy

Back 25

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.

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litigation

Back 26

The process of resolving a dispute through the court system.

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long arm statute

Back 27

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.

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mediation

Back 28

A method of settling disputes outside of court 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.

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mini-trial

Back 29

A private proceeding in which each party to a dispute argues its position before the other side and vice versa. A neutral third party may be present as an adviser and may render an opinion if the parties fail to reach an agreement.

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motion for a directed verdict

Back 30

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

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motion for a new trial

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

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motion for judgment n.o.v.

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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.

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motion for judgment on the pleadings

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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.

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motion for summary judgment

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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.

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motion to dismiss

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A pleading in which a defendant asserts that the plaintiff's claim fails to state a cause of action (that is, has no basis in law) or that there are other grounds on which a suit should be dismissed.

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negotiation

Back 36

In alternative dispute resolution, a process in which parties attempt to settle their dispute informally, with or without attorneys to represent them. In negotiable instruments law, the transfer of an instrument in such form that the transferee (the person to whom the instrument is transferred) becomes a holder.

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online dispute resolution (ODR)

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

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pleadings

Back 38

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

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probate court

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

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reply

Back 40

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

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rule of four

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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.

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small claims court

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A special court in which parties may litigate small claims (such as those involving $5,000 or less). Attorneys are not required in small claims courts and, in some states, are not allowed to represent the parties.

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standing to sue

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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.

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summary jury trial (SJT)

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A method of settling disputes, used in many federal courts, in which a trial is held, but the jury's verdict is not binding. The verdict acts only as a guide to both sides in reaching an agreement during the mandatory negotiations that immediately follow the summary jury trial.

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summons

Back 45

A document informing a defendant that a legal action has been commenced against him or her and that the defendant must appear in court on a certain date to answer the plaintiff's complaint. The document is delivered by a sheriff or any other person so authorized.

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venue

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