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