Details Title: Business Law Chapter 2 Description: N/A Total Flash Cards: 12 Created: 09/24/2009 14:49:33		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 Res Judicata Definition "It's been decided."  An issue decided in one case between parties is binding upon the parties in another case between the parties.  It won't be litigated again. Term Class Action Definition One or more members of a group of injured parties sue on behalf of the group (class). Term Standing Definition A person needs a tangible interest in a lawsuit to sue or become a party.   Ex. Grandparent's visitation Term Jurisdiction Definition "To speak the law"-- the authority of a court to decide a case Term Venue Definition Proper venue is the place where a case may properly be heard under the law. Term Adjudication Definition The process of litigation resulting in a binding (enforceable) final judgment Term Adversary System Definition A trial system where the evidence is presented by party opponents rather than through questions of a judge Term Evidence Definition The testimony of witnesses and the documents and objects admitted to consideration as part of that testimony Term Four levels of courts in order of priority (Missouri) Definition 1.  Supreme Court The highest appellate court (court of last resort) in both the state and federal system-- appeals from the state Supreme court go directly to the U.S. Supreme Court 2.  Court of Appeals (Circuit Court of Appeals) The intermediate appellate courts-- typically the first court to which an aggrieved party (loser) may appeal 3.  Circuit Court of County (District Court) The trial court of general jurisdiction in which most important cases are filed 4. Courts of Limited Jurisdiction Courts whose authority is limited by subject matter or the amount in controversy; Missouri examples a)Small claims court-- $3000 limit b)Associate Division of the Circuit Court-- $25,000 c) Probate Court-- states of decedents, minors and incompetent persons (costs quite a bit of money Term Two Types of Jurisdiction (Both Required) Definition 1.  Personal Jurisdiction-- jurisdiction over the defendant.  A state or federal court has personal jurisdiction over: a)  Residents of the state where court sits b)  Persons or entities with at least minimum contacts with the state where the court sits c) Long arm jurisdiction statutes: typically provide for jurisdiction over a defendant who has entered a contract in the state, committed a tort in the state or has minimum contact with the state. 2.  Subject matter Jurisdiction a) Federal courts 1) Federal question jurisdiction-- federal courts have subject matter jurisdiction over cases which involve a question of federal law. 2)  Diversity of Citizenship-- federal courts have jurisdiction over cases where the parties are from different states and the amount involved (amount in controversy) exceeds $75,000 b) State Courts-- state courts have subject matter jurisdiction over all cases where there is not exclusive federal jurisdiction  Term Exclusive vs. Concurrent Jurisdiction Definition Exclusive: either a federal or state court is the only court which may hear a case (not both)   Concurrent: both federal and state courts have jurisdiction over the type of case.  The plaintiff chooses to file in one or the other. Term Alternative Dispute Resolution (ADR) Definition 1.  Arbitration: a binding process in which an arbitrator hears evidence and enters an enforceable decision.  Generally much less costly than a trial and eliminates appeals. 2.  Negotiation: an attempt by disputing parties to resolve their dispute informally, with or without attorneys present. 3.  Mediation: a non-binding process in which a mediator aids parties in negotiating a dispute.  Often judges get involved in mediation through required settlement conferences before the trial judge or another judge. 4.  Summary Jury Trial:  A shortened trial before an unofficial jury which makes a non-binding, advisory decision, often ordered by a judge in complex cases to help the parties settle the case. 5.  Mini Trial:  A shortened trial before an unofficial judge, who makes a non-binding decision (recommendation).   Goal of ADR:  Resolution of a dispute with as little cost of time and money as possible.