Chapter 3

Flashcards by adamchik, updated more than 1 year ago
Created by adamchik almost 5 years ago


College Business Law Flashcards on Chapter 3, created by adamchik on 09/27/2015.

Resource summary

Question Answer
Alternative Dispute Resolution (ADR) Alternative to litigation in the form of negotiation, mediation, or arbitration
Answer Defendant's response to plantiff's complaint
Arbitration Settling of a dispute by submitting it to a 3rd party who will render a decision
Arbitration Clause Clause in contract that states that in an event of a dispute, the dispute must be settled in arbitration and not litigation
Award Monetary Compensation given to a party at end of proceeding
Bankruptcy Court Federal Court with limited jurisdiction that handles only bankruptcy proceedings
Brief Written summary prepared by one side in a lawsuit to explain their case to the judge
Complaint Pleading made by plantiff, what initiates the lawsuit
Concurrent Jurisdiction When two different courts have power to hear case
Counterclaim Defendant's claim in civil lawsuit against plantiff
Default Judgment Plantiff wins case because Defendant fails to appear
Deposition Testimony of a party (witness) taken under oath BEFORE trial
Discovery Method by which opposing parties obtain information from each other to prepare for trial
Diversity of Citizenship Jurisdiction requirement over a lawsuit between citizens of different states and countries
Docket List of cases entered on a court's calendar
E-Evidence Evidence consisting of electronically recorded information
Federal Question Question that pertains to the U.S. Constitution, Congress Acts, or Treaties
Exclusive Jurisdiction Case may only be heard in one court
Interrogatries Written questions for which written answers are prepared by a party to a lawsuit
Judicial Review Process by which a court decides on teh constitutionality of statutes
Jurisdiction Authority of a court to hear a case
Justiciable Controversary Controversry that is not hypothetical or academic
Litigation Process of resolving a dispute through court system (trial)
Long Arm Statute A state statute that allows a state to exercise jurisdiction over nonresident defendants
Mediation settling disputes outside of court with a third party mediator (used for custody cases primarily)
Metadata Data automatically recorded by electronic devices (data about data)
Motion for a Directed Verdict Defendant asks Judge to remove Jury because Plaintiff has not produced enough evidence for claim
Motion for a New Trial Request for new trial due to fundamental error
Motion for Judgment N.O.V. Request to Judge to remove Jury's verdict because it was biased, thus awarding judgment to party requesting the N.O.V.
Motion for Judgment on the Pleadings Request for judgment after pleadings only, not wanting to go to trial
Motion for Summary Judgment Request to enter judgment without proceeding to trial, other evidence used outside of pleadings
Motion to Dismiss Defendant's pleading acknowledges plantiff's facts but asserts that the claim has no basis in law
Negotiation Process in which parties attempt to settle dispute informally, outside of court
Online Dispute Resolution Dispute resolution services via the internet
Pleadings statements by plaintiff and defendant that detail the facts of the case
Probate Court State court of limited jurisdiction that hears cases about a deceased person's estate
Question of Fact An issue that involves only disputed facts
Question of Law An issue involving the application or interpretation of a law
Reply Plaintiff's response to a defendant's answer
Rule of Four Four justices must approve writ of certiorari
Service of Process Delivery of Complaint and Summons to the defendant
Small Claims Court Parties can litigate small claims without an attorney
Standing to Sue Legal requirement that an individual must have a sufficient stake in a controversy before he can bring a lawsuit
Summons Document informing defendant that a legal action has been commenced
Venue Appropriate place for trial to be held (city, county, etc.)
voir dire Jury Selection Process
Writ of Certorari Higher court asking lower court for record of a case
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