Business Law Ch 3

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fillup
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224997
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Business Law Ch 3
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2013-06-29 00:20:38
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Business Law Ch 3
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  1. Answer
    The response of the defendant to the plaintiff’s complaint.
  2. Appellate court
    • A higher court, usually consisting of more than
    • one judge, that reviews the decision and results of a lower court (either a
    • trial court or a lower-level appellate court) when a losing party files for an
    • appeal. Appellate courts do not hold trials but may request additional oral and
    • written arguments from each party; they issue written decisions, which
    • collectively constitute case law or the common law. Also called court of
    • appellate jurisdiction.
  3. Brief
    • A written legal argument, which a party presents to a court, that explains why that party to the case should prevail. Also
    • called factum.
  4. Case or controversy
    • A term used 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. A case or controversy requires an actual dispute between parties over their legal rights that remains in conflict at the time the case is presented and that is a proper matter for judicial determination. Also referred to as justifiable controversy.
  5. Complaint
    • A formal written document that begins a civil
    • lawsuit; contains the plaintiff’s list of allegations against the defendant,
    • along with the damages the plaintiff seeks.
  6. Counterclaim
    • A claim made by the defendant against the
    • plaintiff that is filed along with the defendant’s answer.
  7. Court of appellate jurisdiction
    • A higher court, usually consisting of more than one judge, that reviews the decision and results of a lower court (either a
    • trial court or a lower-level appellate court) when a losing party files for an appeal. Appellate courts do not hold trials but may request additional oral and written arguments from each party; they issue written decisions, which collectively constitute case law or the common law. Also called court of appellate jurisdiction.
  8. Court of original jurisdiction
    • A court in which most civil or criminal cases
    • start when they first enter the legal system. The parties present evidence and call witnesses to testify. Trial courts are referred to as courts of common pleas or county courts in state court systems and district courts in the federal system. Also called court of original jurisdiction and court of first
    • instance.
  9. Default judfment
    • Judgment for the plaintiff that occurs when the
    • defendant fails to respond to the complaint.
  10. Defendent
    • The person, party, or entity against whom a
    • civil or criminal lawsuit is filed in a court of law.
  11. Desposition
    • A pretrial sworn and recorded testimony of a
    • witness that is acquired out of court with no judge present.
  12. Directed verdict
    • 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 has failed to present the minimum
    • amount of evidence necessary to establish his claim.
  13. Discovery
    • The pretrial phase in a lawsuit during 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. Discovery tools include requests for admissions, interrogatories, depositions, requests for inspection, and document production requests.
  14. In personam jurisdiction
    • (jurisdiction in personam) Also called personal
    • jurisdiction. The power of a court to require that a party (usually the defendant) or a witness come before the court; extends to the state’s borders in the state court system and across the court’s geographic district in the federal system. Also called personal jurisdiction and jurisdiction in personam.
  15. In rem jurisdiction
    The power of a court over the property or status of an out-of-state defendant located within the court’s jurisdiction area.
  16. Interrogatories
    • A formal set of written questions that one party
    • to a lawsuit asks the opposing party during the pretrial discovery process to clarify matters of evidence and help determine what facts will be presented at a trial in the case. The questions must be answered in writing under oath or under penalty of perjury within a specified time. Also called request for further information.
  17. jurisdiciton
    • The power of a court to hear cases and resolve
    • disputes.
  18. Long-arm statute
    • A statute that enables a court to obtain
    • jurisdiction against an out-of-state defendant as long as the defendant has sufficient minimum contacts within the state, such as committing a tort or doing business in the state.
  19. mock trial
    • A contrived or imitation trial, recruited by a
    • jury selection firm, that attorneys sometimes use in preparing for a real trial in order to test theories, experiment with arguments, and try to predict the outcome of the real trial.
  20. motion
    • In a civil case, a request made by either party
    • that asks a judge or a court to issue an order in that party’s favor.
  21. Motion for judgment on the pleadings
    • 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 judgment.
  22. Motion for summary judgment
    • In a civil case, a request made by either party
    • that asks a judge or a court to promptly and expeditiously dispose of the case
    • without a trial. Any evidence or information that would be admissible at trial may be considered on a motion for summary judgment. The court may hold oral arguments or decide the motion on the basis of the parties’ briefs and supporting documentation alone.
  23. Motion to dismiss
    • 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 true, the plaintiff is not entitled to any legal relief. Also called demurrer.
  24. Peremptory challenge
    • In a jury trial, the right of the plaintiff and
    • the defendant in jury selection to reject, without stating a reason, a certain number of potential jurors who appear to have an unfavorable bias.
  25. Personal service
    • The process in which an officer of the court
    • hands legal documents, such as a summons or complaint, to the defendant.
  26. Plantiff
    • The person or party who initiates a lawsuit (an
    • action) before a court by filing a complaint with the clerk of the court against the defendant(s). Also known as claimant or complainant.
  27. Prejudicial error of law
    • An error of law that is so significant that it
    • affects the outcome of the case.
  28. pretrial conference
    • A meeting of the judge and the attorneys for
    • both sides to narrow the issues for trial and identify witnesses for trial.
  29. quasi in rem jurisdiction
    • 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 the conflict but is sought as compensation by the plaintiff. Also called attachment jurisdiction.
  30. reply
    • A response by the plaintiff to the defendant’s
    • counterclaim.
  31. request to produce documents
    • In a lawsuit, a discovery tool that forces the
    • opposing party to produce certain information unless it is privileged or irrelevant to the case.
  32. ripeness
    • 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. A claim is not ripe for litigation if it rests on contingent future events that may not occur as anticipated or may not occur at all.
  33. service of process
    • The procedure by which a court delivers a copy
    • of the statement of claim or other legal documents, such as a summons, complaint, or subpoena, to a defendant. settlor A person who creates a trust.
  34. Shadow jury
    • An unofficial jury, hired by a party in a legal
    • case, 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. shareholder An investor
  35. Standing
    • 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 (i.e., the plaintiff must demonstrate that he or she is harmed or will be harmed). Otherwise, the court will dismiss the case, ruling that the plaintiff “lacks standing” to bring the suit.
  36. Subject-matter jurisdiction
    • The power of a court over the type of case
    • presented to it.
  37. Summons
    • A legal document issued by a court and addressed to a defendant that notifies him or her of a lawsuit and specifies how and when
    • to respond to the complaint. A summons may be used in both civil and criminal proceedings.
  38. Trial court
    • A court in which most civil or criminal cases
    • start when they first enter the legal system. The parties present evidence and call witnesses to testify. Trial courts are referred to as courts of common pleas or county courts in state court systems and district courts in the federal system. Also called court of original jurisdiction and court of first instance.
  39. Venue
    • The court with subject-matter and personal
    • jurisdiction that is the most appropriate geographic location for the resolution of a dispute.
  40. Voir dire
    • The process of questioning potential jurors to
    • ensure that the jury will be made up of nonbiased individuals.
  41. Writ of certiorari
    • A Supreme Court order, issued after the Court
    • decides to hear an appeal, mandating that the lower court send to the Supreme Court the record of the appealed case.

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