blaw ch 3

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hrwinston
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4323
Filename:
blaw ch 3
Updated:
2010-01-16 17:53:22
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american legal system
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business law chapter 3
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  1. jurisdiction
    the power of a court to hear a case and render a binding decision
  2. original jurisdiction
    the power to initially hear and decide (try) a case
  3. appellate jurisdiction
    the power to review a previously made decision by the trial court
  4. in personam jurisdiction (jursidiction over the person)
    the power of a court to render a decision that affects the legal rights of a specific person
  5. plaintiff
    party on whose behalf the complaint is filed
  6. defendant
    party against whom an action is being brought
  7. complaint
    the initial pleading in a case that states the names of the parties to the action, the basis for the court's subject matter jurisdiction, the facts on which the party's claim is based, and the relief that the party is seeking.
  8. summons
    order by a court to appear before it at a certain time and place
  9. service
    providing the defendent with a summons and a copy of the complaint
  10. long-arm statute
    a statute authorizing a court to obtain jurisdiction over an out-of-state defendent when that party has sufficient minimum contacts with a state.
  11. in rem jurisdiction
    the power of a court to render a decision that affects property directly rather than the owner of the property.
  12. subject matter jurisdiction
    the power of a court to render a decision in a particular type of case
  13. state court jurisdiction
    applies to cases that may be heard only in the state court system
  14. exclusive federal jurisdiction
    applies to cases that may be heard only in the federal court system
  15. concurrent jurisdiction
    applies to cases that may be heard in either the federal or the state court system
  16. venue
    county of the trial court; prescribed by state statute
  17. attorney-client privilege
    provides that information furnished by a client to an attorney in confidence, in conjunction with a legal matter, may not be revealed by the attorney without the client's permission.
  18. work-product doctrine
    provides that formal and informal documents prepared by an attorney in conjunction with a client's case are privileged and may not be revealed by the attorney without the client's permission.
  19. judicial restraint
    a judicial philosphy that says courts should refrain from determining the constitutionality of a legislative act unless absolutely necessary and that social, political, and economic change should come out of the political process.
  20. judicial activism
    a judicial philosophy that says the courts need to take an active role in encouraging political, economic, and social change.
  21. petit jury
    a jury of 12 citizens impaneled to decide on the facts at issue in a criminal case and to pronounce the defendant guilty or not guilty.
  22. indictment
    a formal written accusation in a felony case
  23. grand jury
    a group of 12 to 23 citizens convened in private to decide whether enough evidence exists to try the defendant for a felony.
  24. adversarial system
    system of litigation in which the judge hears evidence and arguments presented by both sides in a case and then makes an objective decision based on the facts and the law as presented by each side.
  25. rules of civil procedure
    the rules governing proceedings in a civil case; federal rules of procedure apply in all federal courts, and state rules apply in state courts.
  26. pleadings
    papers filed by a party in court and then served on the opponent in a civil lawsuit.

    • basic pleadings are:
    • the complaint
    • the answer
    • the counterclaim
    • motion to dismiss
  27. motion to dismiss
    defendant's application to the court to put the case out of judicial consideration because even if the plaintiff's factual allegations are true, the plaintiff is not entitled to relief.
  28. counterclaim
    defendant's statement of facts showing cause for action against the plaintiff and a request for appropriate relief.
  29. discovery
    the pretrial gathering of information from each other by the parties
  30. deposition
    pretrial testimony by witnesses who are examined under oath
  31. voir dire
    process whereby the judge and/or the attorneys question potential jurors to determine whether they will be able to render an unbiased opinion in the case.
  32. mock jury
    group of individuals, who demographically matched to the actual jurors in a case, in front of whom lawyers practice their arguments before presenting their case to the actual jury.
  33. shadow jury
    group of individuals, demographically matched to the actual jurors in a case, that sits in teh courtroom during a trial and then "deliberates" at the end of each day so that lawyers have continious feedback of how their case is doing.
  34. affirm
    term used for an appellate court's decision to uphold the decision of a lower court in a case that has been appealed.
  35. modify
    term used for an appellate court's decision that, although the lower court's decision was correct, it granted an inappropriate remedy that needs to be changed.
  36. reverse
    term used for an appellate court's decision that the lower court's decision was incorrect and cannot be allowed to stand.
  37. remand
    term used for an appellate court's decision that an error was committed that may have affected the outcome of the case and that therefore the case must be returned to the lower court.

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