Business Chapter 4 Flashcards
Litigate:
Taking a dispute to court
Arbitrate
: An informal hearing in which an arbitrator makes a BINDING decision on a dispute based upon the facts presented by both parties.
Mediate:
Both parties try to mutually agree upon a solution using a mediator to resolve their differences. (NOT a binding agreement)
Ways to resolve a legal dispute
Litigate
Arbitrate
Mediate
Types of court
Trial court
Appellate court
Juvenile court
Trial court
FIRST court to hear a dispute (Witnesses, evidence, testimony, etc.)
Appellate court
Reviews the decisions of the trial courts, decides issues of procedure and rules of law
Juvenile court
: Court for minors (under 18 years old)-criminal acts only
4 decisions by an appellate court
Affirm-
Reverse-
Amend-
Remand-
Types of Jurisdiction
Original jurisdiction:
General jurisdiction:
Special jurisdiction:
Transcript
Word for word written record of what was said in the trial
Brief
Written arguments by both parties on issues of law
Oral argument
Both parties are allowed to orally present their cases
Writ of Certiorari
Supreme court order compelling the state court to “hand-over” the record of the case for review
Terms of Appellate court
Transcript
Brief-
Oral arguments
Writ of Certiorari-