Business Law Test #1 (Chapters 1-7)
in rem jurisdiction
"jurisdiction over the thing", jurisdiction over property that is located within the boundaries.
stare decisis
"let the decision stand"
public policy
A choice that government makes in response to a political issue. A policy is a course of action taken with regard to some problem.
counterclaim
A claim made by a defendant in a civil lawsuit against the plaintiff. In effect, the defendant is suing the plaintiff.
arbitration clause
A clause in a contract that provides that, in the event of a dispute, the parties will submit the dispute to arbitration rather than litigate the dispute in court.
analogy
A comparison of two different things that are similar in some way
court of law
A court in which the only remedies that could be granted were things of value, such as money damages. In the early English king's courts, courts of law were distinct from courts of equity.
court of equity
A court that decides controversies and administers justice according to the rules, principles, and precedents of equity.
bankruptcy court
A federal court of limited jurisdiction that handles only bankruptcy proceedings, which are governed by federal bankruptcy law.
early neutral case evaluation
A form of alternative dispute resolution in which a neutral third party evaluates the strengths and weakness of the disputing parties' positions; the evaluator's opinion forms the basis for negotiating a settlement.
negotiation
A form of communication between opposing sides in a conflict in which offers and counteroffers are made and a solution occurs only when both parties agree
default judgement
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.
remedy
A judicial order enforcing a right or redressing a wrong.
civil law
A law that governs relationships between individuals and defines their legal rights.
ordinance
A law, usually of a city or county
common law
A legal system based on custom and court rulings
mediation
A method of settling disputes outside of court by using the services of a neutral third party, called a mediator. The mediator acts as a communicating agent between the parties and suggests ways in which the parties can resolve their dispute.
opinion
A personal view, attitude, or appraisal.
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.
reporter
A publication in which court cases are published, or reported.
federal question
A question that has to do with the U.S. Constitution, acts of Congress, or treaties. A federal question provides a basis for federal jurisdiction.
remedy in equity
A remedy allowed by courts in situations where remedies at law are not appropriate. Remedies in equity are based on settled rules of fairness, justice, and honesty, and include injunction, specific performance, rescission and restitution, and reformation.
remedy at law
A remedy available in a court of law. Money damages are awarded as a remedy at law.
sociological school
A school of legal thought that views the law as a tool for promoting justice in society.
probate court
A state court of limited jurisdiction that conducts proceedings relating to the settlement of a deceased person's estate.
long arm statute
A state statute that permits a state to obtain personal jurisdiction over nonresident defendants. A defendant must have "minimum contacts" with that state for the statute to apply.
damages
A sum of money paid in compensation for loss or injury in a civil case
affidavit
A sworn written statement
e-evidence
A type of evidence that consists of all computer-generated or electronically recorded information.
judicial review
Allows the court to determine the constitutionality of laws
jurisdiction
An area of authority or control; the right to administer justice
writ of certiorari
An order by a higher court directing a lower court to send up a case for review
concurrent jurisdiction
Authority for both state and federal courts to hear and decide cases
affirmative defense
Defendant has to prove beyond a preponderance that he didn't know; the prosecutor does NOT have to prove that he did.
statute of limitations
If you wait too long to bring a lawsuit for breach of contract, making the contract unenforceable.
question of law
In a lawsuit, an issue involving the application or interpretation of a law; therefore, the judge, and not the jury, decides the issue.
statutory law
Law passed by the U.S. Congress or state legislatures
cyberlaw
Law that pertains to computer and computer related crimes
criminal law
Laws dealing with offenses against society (murder, rape, arson). Prosecuted by the government, violation results in fines or prison sentences
constitutional law
Laws relating to the interpretation of the Constitution
brief
Legal document submitted to the court setting forth the facts of a case and supporting a particular position
plaintiff
One who begins a lawsuit
Federal Rules of Civil Procedure
Provide the details concerning procedures to be followed in Federal Court litigation. These rules are strictly enforced by the courts and must be followed by the parties in every lawsuit
law
Rules made by parliament and enforceable by the courts
rule of four
The Supreme Court will hear a case if four justices agree to do so.
diversity of citizenship
The condition that exists when the parties to a lawsuit are citizens of different states or when the parties are citizens of a U.S. state and citizens or the government of a foreign country. Diversity of citizenship can provide a basis for federal jurisdiction.
laches
The equitable doctrine that bars a party's right to legal action if the party has neglected for an unreasonable length of time to act on his or her rights.
direct examination
The examination of a witness by the attorney who calls the witness to the stand to testify on behalf of the attorney's client.
closing argument
The final statement made by each side's attorney that reminds the jury of the facts and what you want the jury to do.
appellant
The losing party in a court case who appeals the case to an appellate court.
American Arbitration Association
The major organization offering arbitration services in the United States.
appellee
The party opposing an appeal from a lower court to an appellate court.
online dispute resolution
The resolution of disputes with the assistance of organizations that offer dispute-resolution services via the Internet.
allege
To assert without proof
binding authority
a case precedent, statute or other source of law that a court must follow when deciding a case.
justiciable controversy
a controversy that is not hypothetical or academic but real and substantial; a requirement that must be satisfied before a court will hear a case.
small claims court
a court that deals with legal disputes that involve amounts below a certain limit
precedent
a decision that furnished an example or authority for deciding subsequent cases involving similar legal principles or facts
administrative agency
a federal, state or local government agency established to perform a specific funtions
complaint
a formal notice that a lawsuit is being brought
syllogism
a logical relationship involving a major premise, a minor premise and a conclusion
question of fact
a question about the truth or falsity of an assertion
deposition
a sworn testimony by a party to the lawsuit or by any witness, recorded by an authorized court official
hearsay
a testimony given in court about a statement made by someone else who was not under oath at the time of the statement
citation
a ticket; a violation of a minor law within a city or state
breach
a violation; a gap or break
summary jury trial
an abbreviated trial that leads to a nonbinding jury verdict
chancellor
an advisor to the king, had the power to grant new and unique remedies
defendant
an individual or group being sued or charged with a crime
defense
argument raised by the defendant
exclusive jurisdiction
authority of only federal courts to hear and decide cases
alternative dispute resolution
avoiding costly lawsuits by resolving conflicts informally or through mediation or arbitration.
legal realism
based on the idea that law is jus tone of many institutions in society and that it is shaped by social forces and needs
positivist school
believe that there can be no higher law than a nations positive law.
substantive law
consists of all laws that defines, describe, regulate and create legal rights and obligations
administrative law
consists of the rules, orders and decisions of administrative agencies
natural law
denotes a system of moral and ethical principles that are inherent in human nature and that people can discover through the use of their natural intelligence, or reason.
independent regulatory agency
ex. Federal Trade Commission, Security and Exchange Commission and the Federal Communications Commission.
executive agency
exist within the cabinet departments of the executive branch
minitrial
in which, each party's attorney briefly argues the party's case before the other and a panel of representatives for each side who have the authority to settle the dispute
jurisprudence
involves learning about different schools of thought and discovering how the approaches to law characteristic of each school can affect judicial decision making.
venue
is concerned with the most appropriate location for a trial
in personam jurisdiction
jurisdiction over any person or business that resides in a certain geographical area.
case law
law established by the outcome of former cases
procedural law
law that establishes the methods of enforcing the rights established by substantive law
litigation
legal proceedings
historical school
of legal thought emphasizes the evolutionary process of law by concentrating on the origin and history of the legal system
uniform law
or model laws
postitive law
or national law, applies only to the citizens of that nation or society
respondent
party being sued
case on point
previously decided cases that are as similar as possible to the one under consideration
equitable maxims
propositions of general statements of equitable rules.
cross-examination
questioning of a witness conducted by the lawyer for the opposing side
award
the conclusion of arbitration
answer
the defendants response to the complaint
petitioner
the party bringing the lawsuit
arbitration
the process or act of resolving a dispute
legal reasoning
the reasoning process used by judges in deciding what law applies to a given dispute and then applying that law to the specific facts or circumstances of the case.
standing to sue
the requirement that plaintiffs have a serious interest in a case, which depends on whether they have sustained or are likely to sustain a direct and substantial injury from a party or an action of government
interrogatories
written questions that the defense and plaintiff send to one another