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Business Law & the Legal Environment (Chapter 3)

The process of filing claims in court and ultimately going to trial.
Alternative Dispute Resolution
Any other formal or informal process used to settle disputes without resorting to a trial.
Trial Courts
Determine that facts of a particular dispute and apply to those facts the law given by earlier appellate court decisions.
A court’s power to hear a case.
Personal Jurisdiction
The legal authority to require the defendant to stand trial, pay judgments, and the like.
Served on the defendant. It is the court’s written notice that a lawsuit has been filed against the defendant.
Long-Arm Statute
Law which gives a local state court jurisdiction over an out-of-state company or individual whose actions caused damage locally or to a local resident. The long-arm statute allows him/her to get local court jurisdiction over the defendant.
Appeal Courts
Have the right to review decisions of trial courts.
The party filing the appeal.
The party opposing the appeal.
Written arguments on the case.
Permitted to stand.
Federal Question
A case in which the claim is based on the United States Constitution, a federal statute, or a federal treaty.
Diversity Jurisdiction
(1) The plaintiff and defendant are citizens of different states and (2) the amount in dispute exceeds $75,000.
Writ of Certiorari
A petition asking the Supreme Court to hear a case.
The documents that begin a lawsuit, consisting of the complaint, the answer, ans sometimes a reply.
A short, plain statement of the facts alleged and the legal claims made.
Default Judgment
A decision that the plaintiff wins without a trial because the defendant failed to answer in time.
A second lawsuit by the defendant against the plaintiff.
An answer to a counter-claim.
Class Action
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 to take some step or issue an order.
The pre-trial opportunity for both parties to learn the strengths and weaknesses of the opponent’s case.
The person being questioned.
Motion for a Protective Order
A required that the court limit discovery.
Summary Judgment
A ruling by the court that no trial is necessary because some essential facts are not in dispute.
Voir Dire
The process of selecting a jury.
Challenges for Cause
A claim that a juror has demonstrated probable bias.
Peremptory Challenges
The right to excuse a juror for virtually any reason.
Preponderance of the Evidence
The plaintiff’s burden in a civil lawsuit.
Beyond a Reasonable Doubt
The government’s burden in a criminal prosecution.
Direct Examination
When a lawyer asks questions or her own witness.
Cross- examine
To ask questions of an opposing witness.
Directed Verdict
A ruling that the plaintiff has entirely failed to prove some aspect of her case.
Judgment: Non Obstante Veredicto
A judgment notwithstanding the jury’s verdict.
Earlier decisions by the state appellate courts on similar issues.
To allow the decision to stand.
To affirm the outcome but with changes.
Reverse and Remand
To nullify the lower decision and return the case for reconsideration or retrial.
To turn the loser into the winner.
Harmless Error
A mistake by the trial judge that was too minor to affect the outcome.
Burden of Proof
Preponderance of the evidence, meaning its version of the facts must be at least slightly more persuasive that the defendant’s.
The jury’s decision in a case.
Is any formal or informal process to settle disputes without a trial.(Mediation, arbitration,…)
Mediator assist the parties to negotiate.
The process by which the parties to a dispute submit their differences to the judgment of an impartial person or group appointed by mutual consent or statutory provision.

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