Business Law - Chapter 3

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  1. Define Judicial review
    The process by which a court decides on the constitutionality of legislative enactment and actions of the executive branch.
  2. How and when was the power of judicial review established
    Supreme Court's decision in the case of Marbury v. Madison (1803)
  3. Define Jurisdiction
    The authority of a court to hear and decide a specific case
  4. Define Long Arm Statute
    A state statute that permits a state to exercise jurisdiction over nonresident defendants.
  5. Define probate courts
    A state court of limited jurisdiction that conducts proceedings relating to the settlement of a deceased person's estate.
  6. Define Bankruptcy Court
    A federal court of limited jurisdiction that handles only bankruptcy proceedings, which are governed by federal bankruptcy law.
  7. What two situations does a federal court have subject-matter jurisdiction
    • Federal Questions
    • Diversity of Citizenship
  8. Define Federal Question
    A question that pertains to the US constitution, an act of Congress, or a treaty and provides a basis for federal jurisdiction in a case
  9. Define Diversity of Citizenship
    A basis for federal court jurisdiction over a lawsuit between citizens of different sates and countries.
  10. Define Concurrent Jurisdiction
    Jurisdiction that exists when two different courts have the power to hear a case (federal and state)
  11. Define Exclusive Jurisdiction
    Jurisdiction that exists when a case can be heard only in a particular court or type of court
  12. Over what must a court have jurisdiction over to hear a case
    Jurisdiction over the person or company against whom the suit is brought or over the property involved in the suit. Also, the subject matter of the dispute.
  13. How are the courts applying traditional jurisdictional concepts to cases involving
    Internet transactions?
    • Substantial business conducted over the Internet
    • Some interactivity through a Web site
  14. Define Venue
    The geographic district in which a legal action is tried and from which the jury is selected
  15. Define Standing to Sue
    The legal requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit
  16. Define Justifiable Controversy
    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
  17. Define Small Claims Court
    A special court in which parties can litigate small claims without an attorney
  18. Define Question of fact
    In a lawsuit, an issue that involves only disputed facts, and not what the law is on a given point
  19. Define Question of Law
    In a lawsuit, an issue involving the application or interpretation of a law
  20. Define Writ of Certiorari
    A writ from a higher court asking a lower court for the record of a case
  21. Define Rule of Four
    A rule of the US 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.
  22. Define litigation
    The process of resolving a dispute through the court system
  23. Define Pleadings
    Statement by the plaintiff and the defendant that detail the facts, charges, and defenses of a case
  24. Define Complaint
    The pleading made by a plaintiff alleging wrongdoing on the part of the defendant. when filed with a court, the complaint initiates a lawsuit
  25. Define Summons
    A document informing a defendant that a legal action has been commenced against her or him and that the defendant must appear in court on a certain date to answer the plaintiff's complaint.
  26. Define Default Judgement
    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
  27. Define Answer
    Procedurally, a defendant's response to the plaintiff's complaint.
  28. Define Conterclaim
    A claim made by a defendant in a civil lawsuit against the plaintiff. In effect, the defendant is suing the plaintiff
  29. Define Reply
    Procedurally, a plaintiff's response to a defendant's answer
  30. Define Motion to Dismiss
    A pleading in which a defendant admits the facts as alleged by the plaintiff but asserts that the plaintiff's claim to state a cause of action has no basis in law.
  31. Define Motion for Judgment on the Pleadings
    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.
  32. Define Motion for Summary Judgment
    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.
  33. Define Discovery
    A method by which the opposing parties obtain information from each other to prepare for trial
  34. Define Electronic Discovery
    A type of evidence that consists of all computer-generated or electronically recorded information.
  35. Define Voir Dire
    An important part of the jury selection process in which the attorneys question prospective jurors about their backgrounds, attitudes, and biases to ascertain whether they can be impartial jurors.
  36. Define Motion for a Direct Verdict
    A motion for the judge to take the decision out of the hands of the jury and to direct a verdict for the party making the motion on the ground that the other party has not produced sufficient evidence to support his or her claim.
  37. Define Award
    The monetary compensation given to a party at the end of a trial or other proceeding
  38. Define Motion for judgment N.O.V
    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
  39. Define Motion for a new trial
    A motion asserting that the trial was so fundamentally flawed because of error, newly discovered evidence, prejudice, or another reason that a new trial is necessary to prevent a miscarriage of justice
  40. Define a Brief
    A written summary or statement prepared by one side in a lawsuit to explain its case to the judge.
  41. Define Docket
    The list of cases entered on a court's calendar and thus scheduled to be heard by the court
  42. Alternative Dispute Resolution (ADR)
    The resolution of disputes in ways other than those involved in the traditional judicial process, such as negotiation, mediation, and arbitration.
  43. What are three different methods of resolving a dispute
    Negotiation: A process in which parties attempt to settle their dispute informally, with or without attorneys to represent them

    Mediation: A method of settling disputes outside the courts by using the services of a natural third party, who acts as a communicating agent between the parties and assists them in negotiating a settlement

    Arbitration: The settling of a dispute by submitting it to a disinterested third party who renders a decision (not court)
  44. Define Arbitration Clause
    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
  45. Define Summary Jury Trial (SJT)
    A method of settling disputes by holding a trial in which the jury's verdict is not binding but instead guides the parties toward reaching an agreement during the mandatory negotiations that immediately follow
  46. Define online dispute resolution:
    The resolution of disputes with the assistance of organizations that offer dispute-resolution services via the internet
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Business Law - Chapter 3
2013-09-10 05:09:41
Business Law

Business Law Today
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