Final deck 1 Flashcards
Arbitration
alternative dispute resolution that resolves disputes outside the judiciary courts.
Binding Authority
cases, statutes, or regulations that a court must follow because they bind the court
Corporate social responsibility
business model that helps a company be socially accountable to itself, its stakeholders, and the public.
defendant
an individual, company, or institution sued or accused in a court of law
mediation
impartial third party assists disputing parties in resolving conflict
negotiation
discussion aimed at reaching an agreement
stakeholders
a person with an interest or concern in something, especially a business.
statutes of limitations
law that sets the maximum amount of time that parties involved in a dispute have to initiate legal proceedings from the date of an alleged offense, whether civil or criminal.
Utilitarianism
the doctrine that actions are right if they are useful or for the benefit of a majority.
venue
the county or district within which a criminal or civil case must be heard.
ethics
moral principles that govern a person’s behavior or the conducting of an activity.
concurrent jurisdiction
Two or more courts have concurrent jurisdiction over a case if all of the courts have the power to hear it.
what is the role of courts/judicial branch
decides the constitutionality of federal laws and resolves other disputes about federal laws
plaintiff vs defendant
The plaintiff is the party who brings a legal action or in whose name it is brought — as opposed to the defendant, the party who is being sued
minimum contracts
when it is appropriate for a court in one state to assert personal jurisdiction over a defendant from another state.
state constitution vs US constitution
federal law displaces, or preempts, state law,
appeal process
Appeals are decided by panels of three judges working together. The appellant presents legal arguments to the panel, in writing, in a document called a “brief.” In the brief, the appellant tries to persuade the judges that the trial court made an error, and that its decision should be reversed.
I.R.A.C
issue, rule, application, conclusion
what is standing?
sufficient connection to and harm from the law or action challenged to support that party’s participation in the case.
when are corporations subject to personal jurisdiction?
only in the state in which the corporation has its headquarters or its principal place of business.
4 schools of legal thought
formalism, realism, positivism, and naturalism.
the law is the moral
right
what is a writ of certiorari
meant for rare use, by which an appellate court decides to review a case at its discretion.
what is Jurisdiction?
legal authority granted to a legal entity to enact justice