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Business Law
Chapter 3 and 4
49
Business
Undergraduate 3
02/07/2009

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Term
District Courts
Definition
trail courts of general jurisdiction that can hear and decide most legal controversies in the federal system
Term
Courts of Appeals
Definition
Hear appeals from the district courts and review orders of certain administrative agencies
Term
Reverse
Definition
Set aside the lower courts judgement
Term
Modify
Definition
Change the lower courts judgement
Term
Remand
Definition
Send the case back to the lower court
Term
Affirm
Definition
Uphold the lower courts judgement
Term
The Supreme Court
Definition
Nations highest court whose principal function is to reveiw decisions of the Federal Courts of Appeals and the highest state courts
Term
Appeal by Right
Definition
mandatory review by a higher court
Term
Inferior Trial Courts
Definition
hear minor criminal cases such as traffic offenses and civil cases involving small amounts of money and conduct preliminary hearings in more serious criminal cases
Term
Special Courts
Definition
Have jurisdiction over cases in a particular area of federal law
Term
Small Claims Court
Definition
inferior trial courts with jurisdiction over cases involving a limited dollar amount
Term
Trial Courts
Definition
Have general jurisdiction over civil and criminal cases
Term
Special Trial Courts
Definition
Trial courts, such as probate courts and family courts, which have jurisdiction over a particular area of state law
Term
Appellate Courts
Definition
Include one or two levels; the highest courts decisions are final except in those cases reveiwed by the US Supreme Court
Term
Jurisdiction
Definition
Authority of a court to hear and decide a case
Term
Subject Matter Jurisdiction
Definition
Authority of a court to decide a particular kind of case
Term
Exclusive Federal Jurisdiction
Definition
Jurisdiction that permits only the federal courts to hear a case
Term
Concurrent Federal Jurisdiction
Definition
Authority of federal or state courts to hear the same case
Term
Federal Questions
Definition
Any case arising under the constitution, statutes, or treaties of the United States
Term
Jurisdiction over the Parties
Definition
Power of a court to bind the parties to a suit
Term
In personam jurisdiction
Definition
jurisdiction based on claims against a person, in contrast to jurisdiction over property
Term
In rem Jurisdiction
Definition
Jurisdiction based on claims against property
Term
Quasi in rem jurisdiction
Definition
Jurisdiction over property not based on claims against it
Term
Venue
Definition
Particular geographical place where a court with jurisdiction may hear a case
Term
Pleadings
Definition
Series of responsive, formal, written statements by each side to a law suit
Term
Complaint
Definition
Initial pleading by the plaintiff stating his case
Term
Summons
Definition
Notice given to inform a person of a lawsuit against her
Term
Default judgement
Definition
Judgment against a defendant who fails to respond to a complaint
Term
Demurrer
Definition
Motion to dismiss for failure to state a claim
Term
Answer
Definition
Defendants pleading in response to the plaintiffs complaint
Term
Reply
Definition
Plaintiffs pleading in response to the defendants answer
Term
Judgment on the Pleadings
Definition
final binding determination on the merits made by the judge after the pleadings
Term
Discovery
Definition
Pretrial exchange of information between opposing parties to a lawsuit
Term
Summary Judgment
Definition
Binding determinations on the merits made by the judge before the trial
Term
Trial
Definition
Determines the facts and the outcome of the case
Term
Voir dire
Definition
Preliminary examination of potential jurors
Term
Conduct of trial
Definition
Consists of opening statements by attorneys, direct and cross examination of witnesses and closing arguments
Term
Directed Verdict
Definition
Final binding determination on the merits made by the judge after a trial has begun but before the jury renders a verdict
Term
Jury instructions
Definition
Judge gives the jury the particular rules of law that apply to the case
Term
Verdict
Definition
Formal decision by the jury on questions submitted to it
Term
Motions Challenging Verdict
Definition
Include motions for a new trial and a motion for judgment not withstanding the verdict
Term
Judgment notwithstanding the verdict
Definition
a final binding determination on the merits made by the judge after and contrary to the jurys verdict
Term
Appeal
Definition
Determines whether the trial court committed prejudicial error
Term
Enforcement
Definition
Plaintiff with an unpaid judgment may resort to a writ of execution to have the sheriff seize property of the defendant and to garnishment to collect money owed to the defendant by a third party
Term
Arbitration
Definition
nonjudicial proceeding where a neutral third party selected by disputants renders a binding decision
Term
Consensual Arbitration
Definition
arbitration voluntarily entered by the parties
Term
Compulsary arbitration
Definition
arbitration required by statute for specific types of disputes
Term
Award
Definition
The decision of an arbitrator
Term
Conciliation
Definition
Nonbinding process in which a third party acts as an intermediary between the disputing parties
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