Business Chapter 4 Flashcards

1
Q

Litigate:

A

Taking a dispute to court

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2
Q

Arbitrate

A

: An informal hearing in which an arbitrator makes a BINDING decision on a dispute based upon the facts presented by both parties.

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3
Q

Mediate:

A

Both parties try to mutually agree upon a solution using a mediator to resolve their differences. (NOT a binding agreement)

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4
Q

Ways to resolve a legal dispute

A

Litigate
Arbitrate
Mediate

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5
Q

Types of court

A

Trial court
Appellate court
Juvenile court

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6
Q

Trial court

A

FIRST court to hear a dispute (Witnesses, evidence, testimony, etc.)

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7
Q

Appellate court

A

Reviews the decisions of the trial courts, decides issues of procedure and rules of law

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8
Q

Juvenile court

A

: Court for minors (under 18 years old)-criminal acts only

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9
Q

4 decisions by an appellate court

A

Affirm-
Reverse-
Amend-
Remand-

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10
Q

Types of Jurisdiction

A

Original jurisdiction:
General jurisdiction:
Special jurisdiction:

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11
Q

Transcript

A

Word for word written record of what was said in the trial

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12
Q

Brief

A

Written arguments by both parties on issues of law

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13
Q

Oral argument

A

Both parties are allowed to orally present their cases

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14
Q

Writ of Certiorari

A

Supreme court order compelling the state court to “hand-over” the record of the case for review

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15
Q

Terms of Appellate court

A

Transcript
Brief-
Oral arguments
Writ of Certiorari-

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16
Q

Affirm

A

appellate court AGREES with the findings of the trial court

17
Q

Reverse

A

Appellate court DISAGREES with the findings of the appellate court

18
Q

Amend

A

Appellate court CHANGES part of the findings of the trial court to

19
Q

Remand

A

Appellate court asks trial court to RETRY case based on certain issues.

20
Q

Original jurisdiction

A

The first court to hear a dispute (Trial Courts)

21
Q

General jurisdiction:

A

Courts that hear almost ANY kind of case

22
Q

Special jurisdiction

A

a court that only hears one SPEFICIC type of case

23
Q

Juvenile delinquent

A

Child under specified age who commits a criminal act