Chapter 3 Business Law Vocab

The process of filing claims in court and ultimately going on trial

Any other formal or informal process used to settle disputes without resorting to trial

Negotiation, Mediation, Arbitration

A neutral person, tries to come up with a salvation between the parties

The parties agree to bring in a neutral 3rd party, but with a major difference: the arbitration has the power to impose an award. Typically a binding process and replaces trial.

Trial and Appellate Courts

Determine the facts of a particular dispute and apply to those facts the law given by earlier appellate court decisions.

-Uses witnesses

Higher courts that review the trial record to see if the court made errors or law. Checks the trial court's work. No witnesses and no jury.

US Courts of Appeals and Supreme Court

A court's power to hear a case

A court's authority to bind the defendant to its decision.

A court's authority to bind the defendant to its decisions.

Has jurisdiction only over civil lawsuits involving a maximum amount of money.

Can hear a broad range of cases.

To challenge a court's jurisdiction.

The court's written notice that a lawsuit has been filed against the defendant

A statue that gives a court jurisdiction over someone who signs a contract or conducts "regular business activities" in the state

lower courts

Because of this, the appeals court may require a new trial.

The party filing the appeal

The party opposing the appeal

Written arguments on this case

Nullified

Permitted to stand

Highest in state

A case in which the claim is based on the US Constitution, a federal statue, or a federal treaty.

Applies when 1) the plaintiff and defendant are citizens of different states and 2) the amount exceeds \$75,000.

Federal Question and Diversity Jurisdiction

The President nominates all federal court judges. Serve for life in good behavior.

94 Districts. US District Court is the primary court in the federal system

Divided into "circuits" geographically. 11 Numbered circuits.

Highest Court in Country. 9 justices and 1 serves as chief justice. All have same power.

Has authority to assign opinions to a given justice.

A petition asking the Supreme Court to hear a case. Most laws selected have an issue of constitutional law or an interpretation of a major federal statue.

The documents that begin a lawsuit consisting of the complaint, the answer, and sometimes a reply.

A short, plain statement of the alleged and legal claims made.

A decision that the plaintiff wins without trial because the defendant failed to answer in time.

A second lawsuit by the defendant against the plaintiff

An answer to a counterclaim

One plaintiff represents the entire group of plaintiffs, including those who are unaware of the lawsuit or even unaware they were harmed.

A formal request to the court that it take some step or issue some order.

A request that the court terminate a case without permitting it to go further.

The person being questioned in a deposition

A chance for one party's lawyer to question the other party or a witness, under oath.

Request that the court limit discovery

Learn information about the other side

Written questions the opposing party must answer, in writing, under oath.

Each side may ask the other side to produce relevant documents for inspection and copying

Online Discovery

Allow both parties to argue back and forth

The process of selecting a jury. Eliminating people who have bias or if they cannot follow the law/fairness.

A claim that a juror has demonstrated probable bias

The right to excuse a juror for virtually any reason

The plaintiff's burden of proof in a civil lawsuit.

The government's burden of proof in a criminal prosecution

To ask questions of an opposing witness

When a lawyer asks questions to their own witness.

"alley oop"

A ruling that the plaintiff has entirely failed to prove some aspect of her case. Missing a key piece of evidence.

The judge instructs the jury as to its duty. Tells them how to evaluate the case.

Jury's decision after deliberation. Some states require an unanimous vote. Some states require a 10-2 vote in civil cases.

Asking the judge for something after the verdict.

A judgement notwithstanding the jury's verdict. Asking the court to disregard the jury's verdict.

To allow the decision to stand

To affirm the outcome but with changes

To nullify the lower decision and return the case for retrial or reconsideration.

Lawyers give a presence of the case. Informs the juror what they are going to hear