Details Title: B. Law Description: buisness law western michigan University Total Flash Cards: 38 Created: 01/28/2009 06:30:23		New Users: To study from this flashcard set, or to create your own your own study flash cards, REGISTER HERE. Existing Users: CLICK HERE. Additional Law Flashcards
Cards in this set: Term Case Law Definition The rules of law announced in court decisions including... -The aggregate of reported cases, statutes, regulations Constitutional provision Term Civil Law Definition spells out the rights and duties that exist between persons and their governments, and the relief available when a person's rights are violated. The definition and enforcement of all private and public rights as opposed to criminal matters. Term Criminal Law Definition The wrongs committed against a society. Criminal defendants are prosecuted by public officials such as (D.A.'s) on behalf of the state, not the victims. Term Burden of Proof (Onus Probandi) Definition The necessity of proof lies with he who complains. Evidence the must be presented to the jury. Civil - preponderance of evidence. 51%+ Criminal - Beyond a reasonable doubt. Term Criminal Law Definition Wrongs committed against a society Term Parallel Law Suits Definition Both Criminal and Civil Law suits that are conducted at the same time, sometimes in the same court house in the same day. Term Stare Decisis Definition " Let the decision stand" If the court has already ruled on a similar case, do not change the ruling unless there is compelling new evidence. Term Separation of powers... US Consititution Definition Doctrine in which Executive, Legislative, and Judicial branches are kept distinct to prevent abuse of power. Term In Personam jurisdiction Definition Jurisdiction against a person Term Minimum Contacts Definition Could be a text message, a business sending a catalog to another state. Term In Rem Jurisdiction Definition Ex. You own an apartment in Kalamazoo but you live in New York. If you're sued by a tenant, you can be sued in Kalamazoo. Term Subject Matter Jurisdiction Definition The court has been given jurisdiction over a particular subject. Term Courts of General Jurisdiction Definition A Court which can hear and kind of dispute. Term Courts of limited Jurisdiction Definition Can hear only a specific matter like a bankruptcy court. Term Original jurisdiction Definition Where the Law Suit starts. Term Appellate jurisdiction Definition The power to hear a case appealing the original jurisdiction because a mistake was made. Term Concurrent Jurisdiction Definition More than two courts can hear the dispute. State court Federal court Term Exclusive jurisdiction Definition The jurisdiction belongs to that court and that court only. (Bankruptcy court) Term Jurisdiction of Federal Law Definition Established for a specific purpose. Federal question. Interpretation of state law Term Federal Question Definition Us Constitutional provision Term Diversity jurisdiction Definition Diverse citizenship with a dispute of $75,000 in controversy. To give you a fair forum if you feel uncomfortable with the district court, go to a federal court. Term Motion Definition Filing something in the court to do something. " We move the court....." Term Judgment on the pleadings Definition Defendant motion stating the plaintiff had failed to allege a case. Suing someone for being ugly - no tort, no cause of action. Term Summary Judgment Definition Judgment because there exists no legitimate dispute of fact. Question of fact - Jury Question of law - Judge Term Partial summary judgement Definition applies to certain facts of the case. Term Discovery - Civil Case Definition Finding out about opponents case before the trial. Used to evaluate the strength of a case. Irrelevant facts are thined out to expedite the trial, find out the strength of the case, and see if it should be settled. Term Deposition Definition pre-trial questioning to give a statement under oath to find out what the person is willing to say in court. Anyone can be deposed. Both sides may ask questions along with cross examination. Term Interrogatories Definition A list of questions in writing that the other side must answer in writing, unless they take it to court and say that the question is unfair Term Motion to produce or examine. Definition Something that the judge gives permission to examine to get information about the case. EX. motion to examine the bus's brake pads.... motion to produce certain documents. Term Jury Selection. Voir Dire Definition Seeing what the jury believes to determine if they are a good juror for your case. Examining the competency of a juror to see if they have a bias about the case. Both sides are looking for the perfect juror. Term Order of Proofs Definition Who has to put the evidence when? Plaintiff goes first so defendant can have a defense. Term Post Trial Motions Definition Criminal - the jury has the discretion. Civil - The judge can overturn a jury verdict. Term Appeal Definition Post-trial motion that a mistake was made in the previous trial and it needs to be heard again. Term Harmless error Definition An insignificant error in the case that does not warrant an appeal Term INTERstate Commerce Definition Commerce between states and foreign countries. Term INTRAstate Commerce Definition Commerce within a state Term Adversarial System Definition Job of attorney to develop the case Term Inquisitorial system Definition The Courts responsibility to develop the case.