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RVC BUS200 CH3
Business Law
28
Business
Undergraduate 3
09/05/2009

Additional Business Flashcards

 


 

Cards

Term
Alternative dispute resolutins ADR
Definition
Process by which the parties to a dispute resolve it through a mechanism other than litigation in court
Term
Pleadings
Definition
formal statements made to the court by the parties to a cose that list their claims and defenses
Term
adversary system
Definition
legal system in which the parties to a dipute present their own arguments and are reponsible for assertin their legal rights
Term
complaint
Definition
initial pleading by the palintiff in a civil action that informsklt he defendant of the material facts on which the plaintiff bases the lawsuit
Term
Motion to Dismiss
Definition
defendant asks the court to dismiss the case because it doesn not have jurisdiction over either the subject matter of the dispute of the defendant's person
Term
demurrrer
Definition
motion to dismiss for failure to state a claim
Term
answer
Definition
defendant must respond to conplaint
Term
affirmative defense
Definition
defendat admits to the claim but ssert additional facts that should result in the action being dismissed
Term
counterclaim
Definition
complaint by the defendant
Term
deposition
Definition
swirb ub-oersib testimony of a witness recorded by a court reporter
Term
voir dire
Definition
"To speak the truth" in the trial stage, preliminary ezamination of a juror in which the attorneys and court attempt ot determine bias, incompetency and interest
Term
burdent of persuasion
Definition
burden of proof must be proven by effidence
Term
directed verdict
Definition
verdict granted by the court on the grounds that a jury could reasonably reach onlyone conclusion on the basis of the evidence presented during the trial
Term
damages
Definition
monitary award if the court finds that a party has suffered a legally recognized harm
Term
punitive or exemplary damages
Definition
in addition to compensatory damages if defendant's conduct is willful or malicoius
Term
nominal damages
Definition
plaintiff suffers legal wrong but has not suffered actual damges to person or property
Term
remedies in equity
Definition
imposed when remedies at law such as monetray damages are inadequate
Term
specific performance
Definition
remedy that requre the offending party to do what had been promised
Term
injunction
Definition
court order directing a person to do somehting t, to not do something being planned or to stop doing somehting
Term
dissenting opinion
Definition
written by a judge who disagrees with the decision of the majority
Term
res judiacta
Definition
same dispute cannot be considered again in that or any other forum
Term
writ of execution
Definition
court order to seize the property of the defendant to satisfy the judgment
Term
arbitration
Definition
alternative dispute resolution with 3rd party
Term
award
Definition
arbitrators decision
Term
negotiation
Definition
when parties decide to settle a matter between themselves
Term
mediation
Definition
use of a 3rd party in negotiation
Term
summary jury trial
Definition
jury equivalent of a minitrial
Term
Compensatory
Definition
gives injured parties enough money to resore them to the economic position they were in before the injurty
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