The Legal Environment of Business,Unit One Chapter 2, Terms and Concepts

bankruptcy court (PP.28)

A number of sections of Title 11 incorporate the debtor-creditor law of the individual states. Bankruptcy proceedings are conducted in the United States Bankruptcy Courts. These courts are a branch of the District Courts of The United States.

question of law (PP.36)

An issue of fact, not law. A question of fact is resolved by a trier of fact, i.e. a jury or, at a bench trial, a judge, weighing the strength of evidence and credibility of witnesses. Conversely, a question of law is always resolved by a judge

question of fact (PP.36)

An issue of fact, not law. A question of fact is resolved by a trier of fact, i.e. a jury or, at a bench trial, a judge, weighing the strength of evidence and credibility of witnesses. Conversely, a question of law is always resolved by a judge.

probabte court (PP. 28)

Probate is the process of proving a will is valid and thereafter administering the estate of a dead person according to the terms of the will. It is a judicial act or determination of a court having competent jurisdiction establishing the validity of a will.

award (PP.42)

The final decision of an arbitrator. The final decision of a court, jury, or administrative tribunal granting damages or other relief to a party.

judicial review (PP. 26)

The principle by which courts can declare acts of either the executive branch or the legislative branch unconstitutional. The Supreme Court has exercised this power, for example, to revoke state laws that denied civil rights guaranteed by the Constitution

online dispute resolution (ODR) (PP.44)

a branch of dispute resolution which uses technology to facilitate the resolution of disputes between parties. It primarily involves negotiation, mediation or arbitration, or a combination of all three.

diversity of citizenship (PP.28)

a condition in which the parties to an action are of diverse state or national citizenship.

arbitration clause (PP.42)

a contract provision that mandates arbitration of disputes about the rights, duties, and liabilities of the contracting parties. This provision results in the avoidance of litigation.

small claims court (PP.36)

a legal court of law designed to resolve disputes involving relatively small amounts of money in an expeditious manner. ... Instead, plaintiffs and defendants appear before the court and present what evidence they have and their perspectives on the dispute.

long arm statute (PP.27)

a legal provision that allows a state to exercise jurisdiction over an out-of-state defendant, provided that the prospective defendant has sufficient minimum contacts with the forum state.

arbitration (PP.41)

a legal technique for the resolution of disputes outside the courts, wherein the parties to a dispute refer it to one or more persons

rule of four (PP.40)

a rule in the U.S. Supreme Court under which a petition for certiorari will be granted and the case in question reviewed if four of the nine justices so decide.

summary jury trial (PP. 44)

an alternative dispute resolution technique, increasingly being used in civil disputes in the United States. In essence, a mock trial is held: a jury is selected and, in some cases, presented with the evidence that would be used at a real trial.

negotiation (PP.40)

describes any communication process between individuals that is intended to reach a compromise or agreement to the satisfaction of both parties

mediation (PP.41)

in which the parties to a lawsuit meet with a neutral third-party in an effort to settle the case. The third-party is called a mediator.

in rem jurisdiction (PP.27)

is a legal term describing the power a court may exercise over property (either real or personal) or a "status" against a person over whom the court does not have in personam jurisdiction.

in personam juridiction (PP.27)

is the court's authority to determine personal rights and liabilities of the parties before it. Under personal jurisdiction the court has the power to decide matters of a particular defendant (in personam jurisdiction) or an item of property (in rem jurisdiction).

early neutral case evaluation (PP.43)

is used when one or both parties to a dispute seek the advice of an experienced individual, usually an attorney, concerning the strength of their cases.

federal question ( PP. 28)

jurisdiction is the subject-matter jurisdiction of United States federal courts to hear a civil case because the plaintiff has alleged a violation of the United States Constitution, federal law, or a treaty to which the United States is a party.

alternative dispute resolution (ADR) (PP.40)

methods by which legal conflicts and disputes are resolved privately and other than through litigation in the public courts, usually through one of two forms: mediation or arbitration.

writ of certiorari (PP.40)

orders a lower court to deliver its record in a case so that the higher court may review it.

mini-trial (PP.43)

refer to a process in which the parties to a dispute engages in an information exchange that give them an opportunity to hear the strength and weaknesses of one's own case as well as the cases of the other parties involved, before negotiating the matter.

exclusive jurisdiction (PP.30)

refers to power of a court to adjudicate a case to the exclusion of all other courts. It is the sole forum for determination of a particular type of case.

litigation (PP.40)

refers to the rules and practices involved in resolving disputes in the court system. The term is often associated with tort cases, but litigation can come about in all kinds of cases, from contested divorces, to eviction proceedings.

concurrent jurisdiction (PP.30)

the ability to exercise judicial review by different courts at the same time, within the same territory, and over the same subject matter. For instance, a domestic violence matter may be heard in either a general civil court or a family court in the same county.

jurisdiction (PP. 27)

the authority given by law to a court to try cases and rule on legal matters within a particular geographic area and/or over certain types of legal cases.

standing to sue (PP.33)

the name of the federal law doctrine that focuses on whether a prospective plaintiff can show that some personal legal interest has been invaded by the defendant.

venue (PP.33)

the proper or most convenient location for trial of a case. ... For civil cases, venue is usually the district or county which is the residence of a principal defendant, where a contract was executed or is to be performed, or where an accident took place.