Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Business Law 315 > Chapter 3 > Flashcards

Chapter 3 Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

The process by which a court decides on the constitutionality of legislative enactments and actions of the executive branch.

A

Judicial Review

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

The authority of a court to hear and decide a specific case.

A

Jurisdiction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Jurisdiction over any person or business that resides in the area.

ie. State Trial Court, State Supreme Court

A

In Personam Jurisdiction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Jurisdiction over the thing.

Over property that is located within the boundaries.

A

In Rem Jursidiction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

A state statute that permits a state to exercise jurisdiction over nonresident defendants based on activities that took place within the state.

Before exercising this over a nonresident, the court must be convinced that the defendant had sufficient contacts or minimum contacts with the state to justify jurisdiction.

A

Long Arm Statute

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

A state court of limited jurisdiction that conducts proceedings relating to the settlement of a deceased person’s estate.

A

Probate Court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

A federal court or limited jurisdiction that handles only bankruptcy proceedings, which are governed by federal bankruptcy law.

A

Bankruptcy Court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Usually defined in the statute or constitution creating the court.

This type of jurisdiction can be limited by the following:

  1. ) lawsuit subject
  2. ) sum in controversy
  3. ) if the case involves a felony or misdomeaner
  4. ) if the proceeding is a trial or an appeal
A

Subject Matter Jursidiction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

A question that pertains to the US Constitution, an act of Congress, or a treaty and provides a basis for federal jurisdiction in a case.

A

Federal Question

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

A basis for federal court jurisdiction over a lawsuit between citizens of different states or a lawsuit involving a US citizen and a citizen of another country.

A

Diversity of Citizenship

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Jurisdiction that exists when two different courts have the power to hear a case.

Both courts, federal and state, have the power to hear a case.

A

Concurrent Jurisdiction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Jurisdiction that exists when a case can be heard only in a particular court or type of court.

Either federal or state have the power to hear a case.

A

Exclusive Jurisdiction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Determines when the exercise of jurisdiction over an out of state defendant is proper.

It IDs 3 types of internet business contacts and outlines the following rules for jurisdiction:

If business conducts

  1. ) “ substantial business
  2. ) “ some activity
  3. ) “ passive advertising
A

Sliding Scale Standard

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Geographic district in which a legal action is tried and from which the jury is selected.

In a civil case, court will happen where the case occurred or where the defendants reside.

In a criminal case, court will happen where the crime was committed.

A

Venue

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

The legal requirement that an individual must have a sufficient stake in a controversy before they can bring a lawsuit.

A

Standing to Sue

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

A controversy that is not hypothetical or academic but real and substantial; must me satisfied before a court will hear a case.

A

Justiciable Controversy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

A special inferior trial court of limited jurisdiction in which parties can litigate small claims without an attorney, usually involving claims less than a certain amount.

A

Small Claims Court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

In a lawsuit, an issue that involves only disputed facts, and not what the law is on a given point.

Question of what really happened.

A

Question of Fact

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

In a lawsuit, an issue involving the application or interpretation of a law.

A

Question of Law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

13 of these courts
13th is called the Federal Circuit
Decisions made here are usually final

A

US Court of Appeals

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Highest Level in the federal court system
All other courts are considered inferior
Has 9 justices

A

US Supreme Court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

A writ from a higher court asking a lower court for the record of a case.

A

Writ of Certiorari

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

A rule in the US Sup. Court where the court will not issue a writ of certiorari unless at least four justices approve of the decision to issue the writ.

A

Rule of Four

24
Q

The process of resolving a dispute through the court system.

A

Litigation

25
Q

Statements by the plaintiff and the defendant that detail the facts, charges, and defenses of a case.

A

Pleadings

26
Q

The pleading made by a plaintiff alleging a wrong doing on the part of the defendant. When filed in a court, this initiates a lawsuit.

Contains:

  1. ) Facts necessary for the court to make a jurisdiction
  2. ) Brief summary of the facts necessary
  3. ) Statement of the remedy sought
A

Complaint

27
Q

The delivery of the complaint and summons to a defendant.

A

Service of Process

28
Q

A document informing a defendant that a legal action has been commenced against them and that the defendant must appear in court on a certain date to answer or defend against the plaintiff’s claim.

A

Summons

29
Q

A judgement entered by a court against a defendant who has failed to appear in court to answer or defend against the plaintiff’s claim.

A

Default Judgement

30
Q

Procedurally, a defendant’s response to the plaintiff’s complaint.

A

Answer

31
Q

A claim made by a defendant in a civil lawsuit against the plaintiff. In effect, the defendant is suing the plaintiff.

A

Counterclaim

32
Q

Procedurally, a plaintiff’s response to a defendant’s answer.

A

Reply

33
Q

This motion requests the court to dismiss the case for stated reasons such as: improper delivery of complaint and summons, improper venue, and plaintiff’s failure to state a claim in which the court can offer a relief.

A

Motion to Dismiss

34
Q

This motion occurs when there is no dispute over the facts and the sole issue to be resolved is the Question of the Law.

A

Motion for Judgement on Pleadings

35
Q

This motions leads to a judgement without proceeding to trial. Based on evidence outside the pleadings and will be granted if no facts are in dispute.

A

Motion for Summary of Judgement

36
Q

Where the opposing parties obtain info from each other to prepare for trial.

A

Discovery

37
Q

The testimony of a party to a lawsuit of witness taken under oath before a trial.

A

Deposition

38
Q

A series of written questions for which written answers are prepared and then signed under oath. These are different than depositions because they are directed to a party and not a witness.

A

Interrogatories

39
Q

A type of evidence that consists of computer generated or electronically recorded info.

A

E-Evidence

40
Q

Data about data.

A

Metadata

41
Q

Jury selection process. Includes questions about backgrounds, attitudes, and biases to see whether they can be in the jury.

A

Voir Dire

42
Q

A motion for the judge to take the decision out of the jury’s hands on the grounds that the plaintiff provided no evidence that would justify the granting of a remedy.

A

Motion for Directed Verdict

43
Q

The monetary compensation given to a party at the end of a trial or other proceeding.

A

Award

44
Q

A motion to grant judgement in favor of the party making the motion on the grounds that the jury’s verdict against him or her was unreasonable and erroneous.

A

Motion for Judgement N.O.V.

45
Q

A motion asserting that the trial was so fundamentally flawed that a new trail is needed to prevent a miscarriage of justice.

A

Motion for New Trial

46
Q

A written summary or statement prepared by one side in a lawsuit to explain its case to the judge.

A

Brief

47
Q

The appellate court does not hear evidence, but it reviews the record for errors of law. It has the following options:

  1. ) Affirm
  2. ) Reverse
  3. ) Remand
  4. ) Affirm / Reverse in part
  5. ) Modify
A

Appellate Review

48
Q

The list of cases entered on a court’s calendar and thus scheduled to be heard by the court.

A

Docket

49
Q

The resolution of disputes in ways other than those involved in the traditional judicial process, such as negotiation, mediation, and arbitration.

A

Alternative Dispute Resolution (ADR)

50
Q

A process in which parties attempt to settle their dispute informally, with or without attorney’s to represent them.

A

Negotiation

51
Q

A method of settling disputes outside the courts by using the services of a neutral 3rd party who acts as a communicating agent between the parties and assists them in negotiating a settlement.

A

Mediation

52
Q

The settling of a dispute by submitting it to a disinterested 3rd party (other than a court) who renders a decision; legally binding or unbinding.

A

Arbitration

53
Q

A clause in a contract that provides that, in the evidence of a dispute, the parties will submit the dispute to arbitration rather than litigate the dispute in court.

A

Arbitration Clause

54
Q

A method of settling disputes by holding a trial in which the jury’s verdict is not binding but instead guides the parties toward reaching an agreement during the mandatory negotiations that immediately follow.

A

Summary Jury Trial

55
Q

Parties select a neutral 3rd party (expert in the subject matter of the dispute) and explains respective positions to that person. Case evaluator assesses strengths and weaknesses of each party’s claims.

A

Early Neutral Case Evaluation

56
Q

Attorneys of each party briefly argues the party’s case before the other party and a panel of representatives from each side who have the authority to settle dispute.

A

Mini Trial

57
Q

The resolution of disputes with the assistance of organizations that offer dispute resolution services via the internet.

A

Online Dispute Resolution

Business Law 315 (4 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions