Management_chapter_2[1].txt

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Management_chapter_2[1].txt
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2013-10-15 00:26:08
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CSUF Management chp
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by Curtis
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    • author "Curtis Reed"
    • tags "Management CSUF "
    • description "By Curtis "
    • fileName "Management chapter 2"
    • freezingBlueDBID -1.0
    • Judicial review
    • Can decide, among other things, weather the laws are actions of the other two branches are constitutional
  1. In rem jurisdiction
    jurisdiction over the thing
  2. Jurisdiction
    The power to speak the law
  3. In personam jurisdiction
    Personal jurisdiction over any person or business that resides in a geographical area
  4. Long arm statue
    A cord connector size personal jurisdiction over certain out of state defendants based on activities that took place within the state
  5. Bankruptcy court
    Handles only bankruptcy proceedings
  6. probate courts
    Handle only matters relating to transfers a person's assets and obligations after the person's death
  7. Federal question
    Any lawsuit involving a federal question comes under the jurisdiction of tortilla of the federal courts and can originate in a federal court
  8. diversity of citizenship
    • This term applies whenever a federal court has jurisdiction over a case that does not involve a question of federal law
    • 1. The plaintiff and defendant must reside in different states
    • 2. The dollar amount and the controversy must exceed $75,000
  9. Concurrent jurisdiction
    Which is often the law of the state in which the court sits
  10. Exclusive jurisdiction
    When a case is can be trying to only in federal court or in state court
  11. Venue
    Concerned with the most appropriate location for the trial
  12. Standing to sue
    Sufficient steak in a matter
  13. Justiciable controversy
    A controversy that is real and substantial, as opposed to a hypothetical or academic
  14. State Court system
    • 1. Local trial court
    • 2. State trial court
    • 3. State court of appeals
    • 4. Supreme Court
  15. Small claims courts
    Are inferior trial court start here only civil cases involving claims less than of 5000
  16. question of fact
    Deals with what really happened in regards to the dispute being tried
  17. Question of law
    Concerns the application or interpretation of law such as weather flag burning is a form of speech protected by the First Amendment
  18. Federal court system
    • 1. US district courts
    • 2. US Courts of appeals
    • 3. Supreme Court
  19. Writ of certiorari
    I know order issued by the court to lower a court requiring the latter to send the record of case for review
  20. Rule of four
    The court will not issue a writ unless for the nine justices approve it
  21. Federal Rules of Civil Procedure
    FRCP pre trial, trial, post trial
  22. Pleadings
    Inform each party of other clans and specify issues involved in the case
  23. Complaint
    What the fack showing the court house subject matter and personal jurisdiction. The fax establish an appoint a spacious for relief and. The remedy for the plaintiff is seeking
  24. Service of process
    Formally notifying the defendant of a lawsuit
  25. Summons
    Hey notice requiring the defendant appear in court an answer the complaint
  26. Default judgement
    The time frame when the complaint must be answered
  27. Answer
    The defendant either admit or deny the allegations in the plaintiff's complaint and also sets forth the fence to those allegations
  28. Affirmative defense
    Raise new facts to show that he is not liable
  29. Counterclaim
    A counter argument
  30. Motion
    A procedural request submitted to the court by an attorney on the behalf of hit his or her client
  31. Pretrial motions
    includes the motion to dismiss, the motion for judgment on the pleadings, and the motion for summary judgment
  32. Motion to dismiss
    Asking the court to dismiss the case for the reasons stated in the motion
  33. Motion for the judgment on the pleadings
    Ask the court to decide on the issue solely on the pleading without proceeding to trial
  34. Affidavits
    Sworn statement by parties or witnesses
  35. Discovery
    The process of obtaining information from the opposing party or from Witnesses prior to the trial
  36. Motion for summary judgment
    Ask the court to grant judgment in the parties favor without a trial
  37. Disposition
    Is a sworn testimony by a party to the lawsuit or by any witness recorded by authorized court official
  38. Interrogatories
    Are written questions for which written answers are prepared and then signed under Underoath
  39. Pre-trial conference
    Usually the conference consist of an informal discussion between the judge and the opposing attorney after discovery has taken place
  40. Voir dire
    the jury selection process
  41. Opening statements
    Setting for the fact that expect to be proved during the trial
  42. Rules of evidence
    A series of rules that have been created by the courts to ensure that any evidence presented during the trial is fair and reliable
  43. Relevant evidence
    Evidence that tends to prove it or disapprove facts in question or to establish the degree of probability of a fact or action
  44. Hearsay
    Testimony someone gives in court about to a statement made by someone else who was not under oath at the time of the statement
  45. Direct examination
    The types of questions and manners of asking them are governed by the rules of evidence
  46. Cross examination
    redirected examination
  47. Expert witness
    A person of education or training or skill beyond average person
  48. Rebuttal
    Offering additional evidence that refutes the defendants case
  49. Rejoinder
    refute that evidence
  50. Closing argument
    Each attorney summarizes the facts and evidence presented during the trial and indicate why the facts and evidence support his or her clients claim
  51. Verdict
    In favor of one party. The verdict specified to jury's factual findings
  52. Motion for new trial
    Only if she or he believes that the jury was an error and that it is not appropriate to grant a judgment for the other side
  53. Motion for judgment
    Such motion will only be granted only if the jury's verdict was unreasonable
  54. Brief
    Is a formal legal doctrine outlining the facts and issues of the case
  55. Writ of execution
    In order directing the surest to seize and sell the defendants non-exempt assets or properties

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