Blaw ch 2.txt
Card Set Information
Blaw ch 2.txt
Business Law Flashcards
Judiciary can decide among other things whether the laws or actions of the other two branches are constitutional (the process)
sufficient contacts (required for long arm statute)
In personam Jurisdiction
(personal jurisdiction) over person or business that resides in a certain geographic area.
In rem Jurisdiction
exercise jurisdiction over property that is located within its boundaries
"the power to speak the law"
Long arm Statute
personal jurisdiction over certain out of state defants based on activites that took place within the state
Court of Limited Jurisdiction
probate courts and bankruptcy courts
Court of General Jurisdiction
State trial court or federal district court
handle only bankruptcy proceedings, court of limited jurisdiction
handle only matters relating to the transfer of a person's assets and obligation after that person's death.
When both state and federal courts have jurisdiction (diversity of citizenship for example)
diversity of citizenship
When federal court has jurisdiction over a case that does not einvolve a question of federal law (2 different states of residency, exceeds $75,000)
when ony state courts or only federal courts have jurisdiction. (federal crimes, bankruptcy, most patent and copyright claims)
When a plaintiff's cause of action is based at least in part on the U.S. constitution, a federal treaty, or a federal law.
the most appropriate location for a trial
standing to sue
a sufficient stake in a matter to justify seeking relief through the court system.
a controversy that is real and substantial, as apposed to hypothetical or academic
question of fact
what really happened in regard to the dispute being tried, such as whether a party actually burned a flag.
question of law
the application or interpretation of the law such as whether flag burning is a form of speech protected by the first ammendment to the U.S. constitution.
small claims court
inferior trial courts that hear only civil cases involving claims of less than a certain amount such as $5,000
writ or certiorari
order issued by the supreme court to a lower court requiring the latter to send it the record of the case for review.
alternative dispute resolution (adr)
alternative means of settling disputes
a neutral third part acts as a mediator and works with both sides in the dispute to facilitate a resolution
the parties attempt to settle their disputes informally with or without attorneys to represent them
an arbitrator (a neutral third party or a panel of experts) hears a dispute and imposes a resolution on the parties.
a written agreement specifying that any dispute arising under the contract will be resolved through arbitration rather than through the court system.
american arbitration association (aaa)
a major provider of ADR services, founded in 1926, handles more than 200,000 claims a year in numerous offices around the country.
online dispute resolution (odr)
settlement of disputes in online forums, most commonly involved rights to domain names or quality of goods sold via the internet