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Business Law > Sources of law, courts and dispute > Flashcards

Sources of law, courts and dispute Flashcards

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1
Q

Declaration/statement-of-facts made voluntarily and confirmed by oath/affirmation, taken before a person having authority to administer such oath/affirmation

A

Affidavit

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2
Q

An assertion in an answer to a complaint that even if defendant has acted as plaintiff alleges, the defendant’s conduct was not the real/legal cause of harm to plaintiff

A

Affirmative defense

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3
Q

Alternative techniques (negotiation, mediation, arbitration, med-arb, arb-med, minitrials, and summary jury trials) to resolve disputes without litigation

A

Alternative dispute resolution (ADR)

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4
Q

The instrument by which a defendant admits or denies the various allegations stated in the complaint against them

A

Answer

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5
Q

The party appealing a case

A

Appellant

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6
Q

The other party in a case being appealed

A

Appellee

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7
Q

In the event of a dispute arising out of a contract, the parties will arbitrate specific issues in a stated manner (state that the parties will arbitrate all disputes relating to or arising out of their contract)

A

Arbitration clause

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8
Q

Parties to a dispute present their case to an arbitrator who makes an award but keeps it secret while the parties try to resolve the dispute through mediation. A failed mediation means the arbitration decision is binding

A

Arb/med

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9
Q

A trial in which a judge, not a jury, decides all issues

A

Bench trial

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10
Q

A contractual clause wherein parties agree in advance to the jurisdiction in which a dispute must be litigated

A

Choice-of-forum

clause

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11
Q

The identification of the place where the court’s decision in a particular case, a statute, or a regulation is printed/can be accessed. Case … include the
names of the parties, the court, and the date of the decision.

A

Citation(s)

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12
Q

The methods, procedures, and practices that govern the

processing of a civil lawsuit from start to finish

A

Civil procedure

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13
Q

Litigation/arbitration brought on behalf of a group of persons (class) with common interests by a representative

A

Class action

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14
Q

A type of ADR that combines mediation and negotiation (negotiations are 4-way meetings with attorneys and clients present)

A

Collaborative law

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15
Q

A legal claim by defendant in opposition to/deduction from the claim of the plaintiff

A

Counterclaim

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16
Q

Attorney–client privilege does not protect client

communications made to further a crime or illegal act

A

Crime-fraud exception

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17
Q

A … proceeding takes place when successfully appealed case will be litigated again from the beginning

A

de novo

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18
Q

A judgment that may be entered in favor of the plaintiff if the defendant does not file an answer within the time required

A

Default judgement

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19
Q

The oral questioning of any person who may have helpful information about the facts of a case

A

Deposition

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20
Q

A judge’s order to a jury to return a particular verdict. After presenting evidence in a jury trial, either party may assert that the other side has not produced enough evidence to support the legal claim/defense. The moving party then requests that the judge direct that a verdict be entered in favor of them

A

Directed verdict

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21
Q

Process of collecting evidence to support claims in lawsuit

A

Discovery

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22
Q

The principle whereby the Supreme Court has the power to decide which cases within its jurisdiction it will adjudicate

A

Discretionary review

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23
Q

Dismissed with the provision that the plaintiff may not assert the same claims in another case.

A

Dismissed with prejudice

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24
Q

Dismissed with the provision that the plaintiff may refile the same/modified claims and recommence litigation

A

Dismissed without prejudice

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25
Q

Backward-looking negotiation that addresses past events that have caused disagreement

A

Dispute negotiation

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26
Q

The power of U.S. district courts to decide lawsuits between citizens of two different states when amount in controversy exceeds $75,000

A

Diversity jurisdiction

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27
Q

All the judges of a court of appeals sit together to hear and decide a particularly important or close case

A

En banc hearing

28
Q

In a diversity action in federal court, except as to matters governed by the U.S. Constitution and acts of Congress, the law to be applied in any case is the law of the state in which the federal court hearing the case is situated

A

Erie doctrine

29
Q

Federal law requiring courts to honor agreements to arbitrate and arbitration awards

A

Federal arbitration act (FFA)

30
Q

A question in a lawsuit that concerns federal law

A

Federal question

31
Q

The procedural rules that govern civil litigation in U.S. district courts

A

Federal Rules of Civil Procedure (FRCP)

32
Q

Each side submits its “best and final” offer to the arbitrator, who must choose one of the two proposals

A

Final-offer arbitration

33
Q

Personal jurisdiction based on the residence or activities of the person being sued. It is the power that a court has over the defendant itself, rather than interests in property or property itself

A

In personam jurisdiction

34
Q

Jurisdiction over property based on the location of the property at issue in the lawsuit

A

In rem jurisdiction

35
Q

Written question to a party to a lawsuit and its attorney

A

Interrogatory

36
Q

A judgment in which the judge reverses the jury verdict on the grounds that the evidence of the prevailing party was so weak that no reasonable jury could have resolved the dispute in that party’s favor

A

Judgment n.o.v. (aka judgement nonwithstanding)

37
Q

The suspension of a company’s usual document disposal procedures when there is reason to believe the documents are relevant to pending/potential litigation

A

Litigation hold procedure

38
Q

Subjection of an out-of-state defendant to state jurisdiction when the defendant is doing business/commits a civil wrong in the state

A

Long-arm statute

39
Q

When one party will not do business with the other unless it agrees to arbitrate any future disputes

A

Mandatory arbitration

40
Q

Parties to a dispute enter mediation with the commitment to submit the dispute to binding arbitration if mediation fails to resolve the conflict.

A

Med-arb

41
Q

Method of ADR in which lawyers present their cases in a trial format before a neutral third party, who acts as an adviser, or before executives of the parties to the dispute. The parties to the dispute then meet to try to resolve their differences

A

Minitrial

42
Q

A motion filed immediately after the complaint and answer have been filed. One party, usually the defendant, argues that the pleadings alone demonstrate that the action is futile

A

Motion for judgement on the pleadings

43
Q

An individual who hears complaints, engages in fact finding, and promotes informal forms of dispute resolution

A

Ombudsperson

44
Q

A summary judgment granted on some issues of a case while other issues proceed to trial

A

Partial summary judgement

45
Q

The power of a state court to hear (decide) a civil case based upon residence or location of activities of the person being sued

A

Personal jurisdiction (in personam jurisdiction)

46
Q

The formal allegations by the parties to a lawsuit of their respective claims and defenses

A

Pleadings

47
Q

Challenging the validity of a U.S. patent during the nine-month period immediately following issuance

A

Posthearing

48
Q

The request for relief in a complaint

A

Prayer

49
Q

First stage in arbitration: parties submit trial-like briefs,
supporting documents, written statements to make their
case

A

Prehearing

50
Q

The power of a court of appeal to send a case back to a

lower court for reconsideration

A

Remand

51
Q

The published volumes of case decisions by a particular

court or group of courts

A

Reporter

52
Q

A collection of common law rules in a particular subject area – persuasive rather than authoritative sources of law

A

Restatement

53
Q

Delivery of legal documents, such as a complaint in a lawsuit, to the party required to respond to them

A

Service of process

54
Q

A conference a judge holds to give each side a candid assessment of the strengths/weaknesses of its case and the likely outcome if the case goes to trial

A

Settlement conference

55
Q

The situation in which different U.S. Courts of Appeal

disagree on a legal issue

A

Split in circuits

56
Q

An instruction by the judge to the jury that the jury may
presume that missing or altered evidence would have
been unfavorable to the party causing its alteration

A

Spoilation inference

57
Q

Requirement that a party must have a sufficient stake/interest in a controversy to bring a lawsuit, and will benefit from a favorable ruling

A

Standing

58
Q

‘To stand by a decision’. Once a court resolves a particular issue, other courts addressing a similar legal problem generally follow the initial court’s decision.

A

‘Stare decisis’

59
Q

Jurisdiction over cases of a particular type

A

Subject matter jurisdiction

60
Q

A test to determine whether attorney-client privilege can be extended to a party who is not the client of the attorney. The tests holds true if the employee’s communication with a corporation’s lawyer is made at the direction of the employee’s supervisors and in the course and scope of the employee’s employment

A

Subject matter test

61
Q

A procedural device available for disposition of a
controversy without trial. A judge grants … only if:
- all of the written evidence before the court clearly
establishes that there are no disputed issues of
material fact
- the party who requested the summary judgment is
entitled to prevail as a matter of law

A

Summary judgement

62
Q

ADR method in which parties to a dispute put their cases before a real jury, which renders a nonbinding decision

A

Summary jury trial (SJT)

63
Q

The official notice to a defendant that a lawsuit is pending against the defendant in a particular court

A

Summons

64
Q

Forward-looking negotiations concerned with desired

relationships and future variable shared gains

A

Transactional negociations

65
Q

To nullify a previous court’s ruling – courts of appeal have the power to do this

A

Vacate

66
Q

Questioning of potential jurors to determine possible bias

A

voir dire

67
Q

Protection of information, including the private memoranda and personal thoughts of the attorney, created by the attorney while preparing a case for trial

A

Work-product doctrine

Business Law (4 decks)

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