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Chapter 2
N/A
34
Business
Undergraduate 3
10/14/2012

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Cards

Term
Affidavit
Definition
A written or printed voluntary statement of facts, confirmed by the oath or affirmation of the party making it and made before a person having the authority to administer the oath affirmation.
Term
Affirmative Defense
Definition
A response to a plaintiff's claim that does not deny the plaintiff's facts but attacks the plaintiff's legal right to bring an action.
Term
Answer
Definition
Procedurally, a defendant's response to the plaintiff's complaint.
Term
Bankruptcy court
Definition
A federal court of limited jurisdiction that handles only bankruptcy proceedings.
Term
Brief
Definition
A formal legal document submitted by the attorney for the appellant- or the appellee- to an appellate court when a case is appealed.
Term
Compliant
Definition
The pleading made by a plaintiff alleging wrongdoing on the part of the defendant.
Term
Concurrent jurisdiction
Definition
Jurisdiction that exists when two different courts have the power to hear a case.
Term
Counterclaim
Definition
A claim made by a defendant in a civil lawsuit that in effect sues the plaintiff.
Term
Deposition
Definition
The testimony of a party to a lawsuit or a witness taken under oath before a trail.
Term
E-evidense
Definition
A type of evidence that consist of computer generated or electronically recorded information, including email, voice mail, spreadsheets, word-processing documents, and other data.
Term
Exclusive Jurisdiction
Definition
Jurisdiction that exists when a case can be heard only in a particular court or type of court.
Term
Federal rules of civil procedure
Definition
The rules controlling procedural matters in civil trials brought before the federal district courts.
Term
Hearsay
Definition
An oral or written statement made out of court that is later offered in court by a witness to prove the truth of the matter asserted in the statement.
Term
In personam jurisdiction
Definition
Court jurisdiction over the "person" involved in a legal action; personal jurisdiction.
Term
In rem jurisdiction
Definition
Court jurisdiction over a defendant's property.
Term
Judicial Review
Definition
The process by which courts decide on the constitutionality of legislative enactments and actions of the executive branch.
Term
Justiciable controversy
Definition
A controversy that is not hypothetical or academic but real and substantial.
Term
Long arm statute
Definition
A state statute that permits a state to obtain personal jurisdiction over nonresident defendants.
Term
Motion
Definition
A procedural request or application presented by an attorney to the court on behalf of the client.
Term
Motion for a judgement as a matter of law
Definition
Federal court version of Direct verdict
Term
Motion for a new trial
Definition
A motion to have a new trial because a some type of error.
Term
Motion for judgement N.O.V
Definition
Asking the court to make a judgement in favor of the party making the motion on the grounds that the jury verdict was unreasonable or erroneous.
Term
Probate court
Definition
A state court of limited jurisdiction that conducts proceedings relating to the settlement of a deceased person's estate.
Term
Question of fact
Definition
In a lawsuit, an issue involving a factual dispute that can only be decided by a judge.
Term
Question of law
Definition
In a lawsuit, an issue involving the application or interpretation of a law; therefore, the judge, and not the jury, decides the issue.
Term
Rejoinder
Definition
The defendant's answer to the plaintiff's rebuttal.
Term
Rule of four
Definition
The rule of theUnited States Supreme Court under which the Court will not issue a writ of certiorari unless at least four justices approve of the decision to issue the writ.
Term
Rules of evidence
Definition
Rules governing the admissibility of evidence in trial courts.
Term
Service of process
Definition
The delivery of the compliant and summons to a defendant.
Term
Standing to sue
Definition
The requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit.
Term
Summons
Definition
A document informing a defendant that a legal action has been commenced against him or her and that the defendant must appear in court on a certain date to answer the plaintiff's complaint.
Term
Voir dire
Definition
Means "to see, to speak". The attorneys question prospective jurors to determine whether they are biased or have any connection with a party ro action or with a prospective witness.
Term
Writ to certiorari
Definition
A writ from a higher court asking the lower court for the record of a case.
Term
Writ of execution
Definition
A court's order, after a judgment has been entered against the debtor, directing the sheriff to seize and sell any of the debtor's nonexempt real or person property.
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