Business Law Chapter 3

Front 1

Jurisdiction

Back 1

courts power to hear cases and render decisions that bind that parties before them

Front 2

trial courts, court of original jurisdiction, common pleas, county courts, district court

Back 2

courts that have the power to hear and decide cases as they first enter the legal system

Front 3

courts of appellate jurisdiction, appellate courts

Back 3

courts that have the power to review previous judicial decisions to determine whether trial courts erred in their decisions.

Front 4

in personam jurisdiction, peresonal jurisdiction

Back 4

the power of a court to require that a party or a witness come before the court: extends to the states borders for state and geographical district for federal

Front 5

complaint

Back 5

a formal written document that begins a civil lawsuit, contains the plaintiffs list of allegations against the defendant, along with the damages the plaintiff seeks

Front 6

summons

Back 6

a legal document issued by a court and addressed to a defendant that notifies him or her of a lawsuit

Front 7

service of process

Back 7

the procedure by which a court delivers a copy of the statement of claim or other legal documents, such as summons, complaint, or subpoena to a defendant

Front 8

personal service

Back 8

the process in which an officer of the court hands legal documents such as a summons or complaint, to the defendant

Front 9

long arm statutes

Back 9

enable the vourt to serve defendants outside the state as long as the defendant has sufficient minimum contacts within the state and it seems fair to assert this jurisdiction.

Front 10

in rem jurisdiction

Back 10

the power of a court over the property or status of an out or state defendant located within the courts jurisdiction area

Front 11

quasi in rem jurisdiction

Back 11

a type of jurisdiction exercised by a court over an out of state defendant's property that is within the jurisdictional boundaries of the court: applies to personal suits against a defendant in which the property is not the source of he conflict but is sought as compensation by the plaintiff. Also called attachment jurisdiction.

Front 12

subject matter jurisdiction

Back 12

the power of a court over the type of case presented to it

Front 13

Exclusive Federal Jurisdiction

Back 13

admiralty cases, bankruptcy cases, federal criminal prosecutions, cases in which one state sues another state, claims against the united states, federal patent, trademark, and copyright claims, other claims involving federal statutes that specify exclusive federal jurisdiction

Front 14

concurrent federal jurisdiction

Back 14

federal question cases, diversity of citizenship cases

Front 15

state jurisdiction

Back 15

all cases not falling under exclusive federal jurisdiction.

Front 16

venue

Back 16

the court with subject matter and personal jurisdiction that is the most appropriate geographic location for the resolution of a dispute.

Front 17

3 threshold requirements for a case to enter court

Back 17

Standing, case or controversy, ripeness

Front 18

Standing

Back 18

the legal right of a party to bring a lawsuit by demonstrating to the court sufficient connection to and harm from the law or action challenged.

Front 19

case of controversy

Back 19

a term uses in the U.S. constitution to describe the structure and requirements of conflicting claims of individuals that can be brought before a federal court for resolution, requires an actual dispute between parties that remains in conflict at the time the case is presented and that is a proper matter for judicial determination

Front 20

ripeness

Back 20

a measure of the readiness of a case for a decision to be made: designed to prevent premature litigation for a dispute that is insufficiently developed.

Front 21

default judgement

Back 21

judgement for the plaintiff that occurs when the defendant fails to respond to the complaint

Front 22

answer

Back 22

the response of the defendant to the plaintiffs complaint

Front 23

motion to dismiss

Back 23

in a civil case a request by the defendant that asks a judge or a court to dismiss the case because even if all the allegations are rue the plaintiff is not entitled to any legal relief

Front 24

motion

Back 24

in a civil case a request made bu either party that asks a judge or a court to issue an order in that party's favor

Front 25

counterclaim

Back 25

a claim made by the defendant against the plaintiff that s filed along with the defendant's answer

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reply

Back 26

a response by the plaintiff to the defendant;s counterclaim

Front 27

motion for judgement on the pleadings

Back 27

in a civil case, a request made by either party after pleadings have been entered that asks a judge or a court to issue a judgement

Front 28

motion for summary judgement

Back 28

in a civil case, a request made by either party that asks a judge of a court to promptly and expeditiously dispose of the case without a trial

Front 29

Discovery

Back 29

the pretrial phase in a lawsuit which each party requests relevant documents and other evidence from the other side in an attempt to "discover " pertinent facts and to avoid any surprises in the courtroom during the trial.

Front 30

interrogatories

Back 30

written questions one paryy sends to the other to answer under oath

Front 31

request to produce documents

Back 31

in a lawsuit a discovery tool that forces the opposing party to produce certain information unless t is privileged or irrelevant to the case

Front 32

deposition

Back 32

a pretrial sworn and recorded testimony of a witness that is acquired out of court with no judge present

Front 33

pretrial conference

Back 33

a meeting of the judge and the attorneys for both sides to narrow the issues for trial and identify witnesses for trial

Front 34

pretrial stage

Back 34

informal negotiations, pleadings, service of process,defendants response, pretrial motions, discovery, pretrial conference

Front 35

trial stages

Back 35

jury selection, opening statements, examination of witnesses, closing arguments, conference on jury instructions, posttrial motions

Front 36

vior dire

Back 36

the process of questioning potential juror o ensure that the jury will be made up of non-biased individuals

Front 37

peremptory challenges

Back 37

allow a party to challenge a certain number of potential jurors without giving a reason

Front 38

mock trial

Back 38

a contrived or imitation trial

Front 39

shadow jury

Back 39

an unofficial jury that watches the actual trial and deliberates at the end of each day to give the attorney an idea of how the real jurors are reacting to the case.

Front 40

directed verdict

Back 40

a ruling by the judge after the plaintiff has presented her case but before any evidence is put forward by the defendant, in favor of the defendant because the plaintiff failed to present the minimum amount of evidence necessary to establish his claim.

Front 41

prejudicial error of law

Back 41

an error of law that is so significant that it affects the outcome of the case

Front 42

brief

Back 42

a written legal argument which a party presents to a court that explains why that party to the case should prevail