BUAD 2301 Exam 1 review

State courts

Courts of general jurisdiction can hear any case that has not been specifically designated for another court

Jurisdiction

The power to speak the law

Federal court system

a three-tiered model consisting of 1. U.S. district courts 2. U.S. court of appeals 3. the United States supreme court

Appellate courts

act as reviewing courts and generally do not have original jurisdiction

Trial courts

courts of original jurisdiction in which actions are initiated

Intermediate scrutiny

is applied in cases involving discrimination based on gender or legitimacy

Full Faith and Credit clause

provides that full faith and credit shall be given in each state to the public acts, records and judicial proceedings of every other state

Supremacy clause

provides that the constitution laws and treaties of the U.S. are the "supreme laws of the land". Under this clause state and local laws that directly conflict with federal law will be rendered invalid

Appeal

resort to a superior court to review the decision of an inferior court

Arbitration

the settling of a dispute by submitting it to a disinterested third party (other than a court) who renders a decision. the decision may or may not be legally binding

Stare Decisis

A common law doctrine under which judges are obligated to follow the precedents established in prior decisions

Strict scrutiny

If a law or action prohibits or inhibits some persons from exercising a fundamental right, the law or action will be subject to strict scrutiny by the courts

Supreme courts

The highest state court is that states supreme court. The United states supreme court is the highest court in the federal court system and the final arbiter of the constitution and federal law

How does a case make it to the supreme court?

To bring a case before the Supreme court a party requests the court to issue a writ of certiorari. A writ of certiorari is an order issued by the supreme court to a lower court requesting the latter to send it the record of the case for review. The court will not issue a writ unless at least four of the nine justices approve of it

Request for Admission

a discovery device that allows one party to request that another party admit or deny the truth of a statement under oath

Request for Production

a party to a lawsuit may request that another party provide any documents that it has to pertain to the subject matter of a lawsuit

Process server

a person especially a sheriff or deputy who serves writs, warrants, subpoenas, etc.

Rational basis review

in matters of economic or social welfare a classification will be considered valid if there is any conceivable rational basis on which the classification might relate to a legitimate government interest

Cross examination

the interrogation of a witness called by the opposing party. It is preceded by direct examination

Voir Dire

the jury selection process

Direct exam of a witness

the plaintiff proving that their allegations are true by calling a witness to testify for them

Commerce clause

the provision of article 1 of the U.S. constitution that gives congress the power to regulate interstate commerce

Due process clause

the provisions of the fifth and fourteenth amendments that guarantee that no person shall be deprived of life, liberty or property without due process of law

Interrogatory

written questions for which written answers are prepared and then signed under oath

Registered agent

is a business or individual designated to receive service of process when a business entity is a party in a legal action such as a lawsuit or summons

Mediation

A method of settling disputes outside of court using the services of a neutral third party called a mediator

Discovery

A phase in the litigation process during which the opposing parties may obtain information from each other and from third parties prior to trial

Personal Jurisdiction

Jurisdiction over any person or business that resides in a certain geographic area

In rem Jurisdiction

Jurisdiction over property that is located within its boundaries

Answer (defendant)

One against whom a lawsuit is brought; the accused person in a criminal proceeding

Petition (plaintiff)

One who initiates a lawsuit

Judgement

The final order or decision resulting from a legal action

Concurrent Jurisdiction

When both federal and state courts have the power to hear a case

Exclusive Jurisdiction

When cases can be tried only in federal courts or only in state courts

State court system

includes several levels of courts and may include 1. local trial courts of limited jurisdiction 2. state trial courts of general jurisdiction 3. state courts of appeals 4. the states highest court

Request for Disclosure

is a discovery tool which permits a party to obtain certain pre-approved information from another party without having to argue over whether the information is discoverable or must be produced

Deposition

is sworn testimony by a party to the lawsuit or by any witness recorded by an authorized court official