BUSINESS LAW - CHAPTER 3 (Courts and Alternative Dispute Resolution {ADR})

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BUSINESS LAW - CHAPTER 3 (Courts and Alternative Dispute Resolution {ADR})
2014-04-23 14:41:03
Business Law

Chapter 3 terms
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  1. Jurisdiction
    The authority of a court to hear and decide a specific case.
  2. Long Arm Statute
    A state statute that permits a state to exercise jurisdiction over nonresident defendants.
  3. Name 2  Reasons for Federal Subject
    Matter Jurisdiction 
    • Federal Question:
    • A question that pertains to the U.S. Constitution, an act of Congress, or a treaty and provides a basis for federal jurisdiction in a case.
    • Diversity of Citizenship:
    • A basis for federal court jurisdiction over a lawsuit between citizens of different states and countries.
  4. Concurrent Jurisdiction
    Jurisdiction that exists when two different courts have the power to hear a case.
  5. Exclusive jurisdiction
    Jurisdiction that exists when a case can be heard only in a particular court or type of court
  6. Venue
    The geographic district in which a legal action is tried and from which the jury is selected.
  7. 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.
  8. Litigation
    The process of resolving a dispute through the court system.
  9. Pleadings
    Statements by the plaintiff and the defendant that detail the facts, charges, and defenses of a case.
  10. 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.
  11. 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.
  12. Default Judgment
    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.
  13. Answer
    Procedurally, a defendant’s response to the plaintiff’s complaint.
  14. Counterclaim
    A claim made by a defendant in a civil lawsuit against the plaintiff. In effect, the defendant is suing the plaintiff.
  15. Reply
    Procedurally, a plaintiff’s response to a defendant’s answer.
  16. Discovery
    A method by which the opposing parties obtain information from each other to prepare for trial.
  17. Deposition
    The testimony of a party to a lawsuit or a witness taken under oath before a trial.
  18. Interrogatories
    A series of written questions for which written answers are prepared by a party to a lawsuit, usually with the assistance of the party’s attorney, and then signed under oath.
  19. 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.
  20. Brief
    A written summary or statement prepared by one side in a lawsuit to explain its case to the judge.
  21. 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.
  22. Docket
    The list of cases entered on a court’s calendar and thus scheduled to be heard by the court.
  23. Negotiation
    A process in which parties attempt to settle their dispute informally, with or without attorneys to represent them.
  24. Mediation
    A method of settling disputes outside the courts by using the services of a neutral third party, who acts as a communicating agent between the parties and assists them in negotiating a settlement.
  25. Arbitration
    The settling of a dispute by submitting it to a disinterested third party (other than a court), who renders a decision.
  26. 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.
  27. online dispute resolution (ODR)
    The resolution of disputes with the assistance of organizations that offer dispute-resolution services via the Internet.