Business Law

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Business Law
2011-05-03 14:05:27
Chapter Two

Courts and Alternative Dispute Resolution
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  1. Court jurisdiction over the person involved in a legal action; personal jurisdiction
    in personam Jurisdiction
  2. Court jurisdiction over a defendant's property
    in rem Jurisdiction
  3. A writ from a higher court asking the lower court for the record of a case.
    write of certiorari (pronounced sur-shee-uh-rah-ree)
  4. the resolution of disputes in ways other than those involved in the traditional judicial process. Negotion, meditation, and arbitration are form of ____.
    Alternative Dispute Resolution (ADR)
  5. the major organization offering arbitration service in the United States
    American Arbitration Association (AAA)
  6. The settling of a dispute by submitting it to a disinterested third party (other than a court), who renders a decision. The decision may or may not be legaly binding.
  7. 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.
    Arbitration Clause
  8. in the context of litigation, the amount of money ____ to a plaintiff in a civil lawsuit as damages. In the context or arbitration, the arbitrator's decision.
  9. A federal court of limited jurisdiction that handles only bankruptcy proceedings. Bankruptcy proceedings are governed by federal bankruptcy law.
    Bankruptcy Court
  10. Jurisdiction that exists when two different court have the power to hear a case. For example, some cases can be heard in either a federal or state court.
    Concurrent Jurisdiction
  11. Under Article III, Section 2, of the Constitution, a basis for federal court jurisdiction over a lawsuit between (1) citizens of different states, (2) a foreign country and citizens of a state or of different states, or (3) citizens of a state and citizens or subjects of a foreign country. The amount in controversy must be more than $75,000 before a federal court can take jurisdiction in such cases.
    Diversity of Citizenship
  12. A form of alternative dispute resolution in which a neutral third party evaluates the strengths and weakness of the disputing parties' positions; the evaluator's opinion forms the basis for negotiating a settlement.
    Early Neutral Case Evaluation
  13. Jurisdiction that exists when a case can be heard only in a particular court or type of court, such as a federal court or a state court.
    Exclusive Jurisdiction
  14. A question that pertains to the U.S. Constitution, acts of Congress, or treaties. A ____ provides a basis for federal jurisdiction.
    Federal Question
  15. the process by which courts decide on the constitutionality of legislative enactments and actions of the executive branch.
    Judicial Review
  16. The authority of a court to hear and decide a specific action.
  17. 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.
    Justiciable Controversy
  18. The process of resolving a dispute through the court system.
  19. A state statute that permits a state to obtain personal jurisdiction over nonresident defendant. A defendant must have minimum contacts with that state for the statute to apply.
    Long Arm Statute
  20. A method of settling disputes outside of court by using the services of a neutral third party, called a mediator. The mediator acts as a communicating agent between the parties and suggests ways in which the parties can resolve their dispute.
  21. A private proceeding in which each party to a dispute argues its position before the other side and vice versa. A neutral third party may be present and act as an adviser if the parties fail to reach an agreement.
  22. (1) In regard to dispute settlement, a process in which parties attempt to settle their dispute without going to court, with or without attorneys to represent them. (2) In regard to instruments, the transfer of an instrument in such a way that the transferee (the person to whom the instrument is transferred) becomes a holder.
  23. The resolution of disputes with the assistance of organizations that offer dispute-resolution services via the Internet.
    Online Dispute Resolution (ODR)
  24. A state court of limited jurisdiction that conducts proceedings relating to the settlement of a deceased person's estate.
    Probate Court
  25. In a lawsuit, an issue involving a factual dispute that can only be decided by a judge (or, in a jury trial, a jury)
    Question of Fact
  26. In a lawsuit, an issue involving the application or interpretation of a law; therefore, the judge, and not the jury, decides the issue.
    Question of Law
  27. A rule of the United States 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.
    Rule of Four
  28. Special courts in which parties may litigate small claims (usually, claims involving $2,500 or less). Attorneys are not required in _____, and in many states attorneys are not allowed to represent the parties.
    Small Claims Court
  29. The requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit. The plaintiff must demonstrate that he or she either has been injured or threatened with injury
    Standing to Sue
  30. A method of settling disputes in which a trial is held, but the jury's verdict is not binding. The verdict acts only as a guide to both sides in reaching an agreement during the mandatory negotiations that immediately follow the ____.
    Summary Jury Trial (SJT)
  31. The geographical district in which an action is tried and from which the jury is selected

    (pronounced ven-yoo)