Business Law Vocab Chapter 3

Front 1

District Courts

Back 1

Trial courts of general jurisdiction that can hear and decide most legal controversies in the federal system

Front 2

Courts of Appeals

Back 2

Hear appeals from the district courts and review orders of certain administrative agencies

Front 3

Reverse

Back 3

Set aside the lower court's judgement

Front 4

Modify

Back 4

To change the lower court's judgement

Front 5

Remand

Back 5

Send the case back to a lower court

Front 6

Affirm

Back 6

Uphold the lower court's judgement

Front 7

The Supreme Court

Back 7

Nation's highest court whose principal function is to review decisions of the Federal Courts of Appeals and the highest state courts

Front 8

Appeal by Right

Back 8

Mandatory review by a higher court

Front 9

Writ of Certiorari

Back 9

Discretionary review by a higher court

Front 10

Special Courts

Back 10

Have jurisdiction over cases in a particular area of federal law and include the U.S. Court of Federal Claims, The Tax Court, The U.S. Bankruptcy Court, and the U.S. Court of Appeals for the Federal Circuit

Front 11

Inferior Trial Courts

Back 11

Hear minor criminal cases such as traffic offenses and civil cases involving small amounts of money and conduct preliminary hearings in more serious criminal cases

Front 12

Small Claims Courts

Back 12

Inferior trial courts with jurisdiction over civil cases involving a limited dollar amount

Front 13

Trial Courts

Back 13

Have general jurisdiction over civil and criminal cases

Front 14

Special Trial Courts

Back 14

Trial courts, such as probate courts and family courts, which have jurisdiction over a particular area of state law

Front 15

Appellate Courts

Back 15

Include one or two levels; the highest court's decisions are final except in those cases reviewed by the Supreme Court

Front 16

Jurisdiction

Back 16

Authority of a court to hear and decide a case

Front 17

Subject Matter Jurisdiction

Back 17

Authority of a court to decide a particular kind of case

Front 18

Exclusive Federal Jurisdiction

Back 18

Jurisdiction that permits only the federal courts to hear a case

Front 19

Concurrent Federal Jurisdiction

Back 19

Authority of federal or state courts to hear the same case

Front 20

Federal Question

Back 20

Any case arising unde the Constitution, statutes, or treaties of the United States

Front 21

Jurisdiction Over the Parties

Back 21

Power of a court to bind the parties to a suit

Front 22

In Personam Jurisdiction

Back 22

Jurisdiction based on claims against a person, in contrast to jurisdiction over property

Front 23

In Rem Jurisdiction

Back 23

Jurisdiction based on claims against property

Front 24

Quasi in Rem Jurisdiction

Back 24

Jurisdiction over property not based on claims against it

Front 25

Venue

Back 25

Particular geographical place where a court with jurisdiction may hear a case

Front 26

Pleadings

Back 26

Series of responsive, formal, written statements by each side to a lawsuit

Front 27

Complaint

Back 27

Initial pleading by the plaintiff stating his case

Front 28

Summons

Back 28

Notice given to inform a person of a lawsuit against her

Front 29

Default Judgement

Back 29

Judgement against a defendant who fails to respond to a complaint

Front 30

Demurrer

Back 30

Motion to dismiss for failure to state a claim

Front 31

Answer

Back 31

Defendant's pleading in response to the plaintiff's complaint

Front 32

Reply

Back 32

Plaintiff's pleading in response to the defendant's answer

Front 33

Pretrial Procedure

Back 33

Process requiring the parties to disclose what evidence is available to prove the disputed facts; designed to encourage settlement of cases or to make the trial more efficient

Front 34

Judgement on the Pleadings

Back 34

Final binding determination on the merits made by the judge after the pleadings

Front 35

Discovery

Back 35

Pretrial exchange of information between opposing parties to a lawsuit

Front 36

Pretrial Conference

Back 36

A conference between the judge and the attorneys to simplify the issues in dispute and to attempt to settle the dispute without trial

Front 37

Summary Judgement

Back 37

Binding determinations on the merits made by the judge before trial

Front 38

Trial

Back 38

Determines the facts and outcome of the case

Front 39

Veir Dire

Back 39

Prelimary examination of potential jurors

Front 40

Conduct of Trial

Back 40

Consists of opening statements by attorneys, direct and cross examination of witnesses, and closing arguments

Front 41

Directed Verdict

Back 41

Final binding determination on the merits made by the judge after a trial has begun but before the jury renders a verdict

Front 42

Jury Instructions

Back 42

Judge gives the jury the particular rules of law that apply to the case

Front 43

Verdict

Back 43

Formal decision by the jury on questions submitted to it

Front 44

Motions Challenging Verdict

Back 44

Include motions for a new trial and a motion for judgement nonwithstanding the verdict

Front 45

Judgement Nonwithstanding the Verdict

Back 45

A final binding determination on the merits made by the judge after and contrary to the jury's verdict

Front 46

Appeal

Back 46

Determines whether the trial court committed prejudicial error

Front 47

Enforcement

Back 47

Plaintiff with an unpaid judgement may resort to a writ of execution to have the sheriff seize the property of the defendant and to garnishment collect money owed to the defendant by a third party

Front 48

Arbitration

Back 48

Nonjudicial proceeding where a neutral third party selected by disputants renders a binding decision

Front 49

Consensual Arbitration

Back 49

Arbitration voluntarily entered into by the parties

Front 50

Compulsory Arbitration

Back 50

Arbitration required by statute for specific types of disputes

Front 51

Award

Back 51

The decision of an arbitrator

Front 52

Conciliation

Back 52

Nonbinding process in which a third party acts as an intermediary between the disputing parties

Front 53

Mediation

Back 53

Non binding process in which a third party acts as an intermediary between the disputing parties and proposes solutions for them to consider

Front 54

Med-Arb

Back 54

Binding process in which a third party serves first as a mediator and then as an arbitrator for those issues not resoved through mediation

Front 55

Mini-Trial

Back 55

Non binding process in which attorneys for the disputing parties present evidence to managers of the disputing parties and a neutral third party, and then the managers attempt to negotiate a settlement in colsulation with the third party

Front 56

Summary Jury Trial

Back 56

Mock trial followed by negotiations

Front 57

Negotiation

Back 57

Consensual bargaining process in which the parties attempt to reach an agreement resolving their dispute without the involvement of third parties