Business Law Chapter 3 Vocabulary – Flashcards
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general-jurisdiction trial court (court of record)
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A court that hears cases of a general nature that is not within the jurisdiction of limited-jurisdiction trial courts. Testimony and evidence @ trial are recorded and stored for future reference.
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intermediate appellate court (appellate court or court of appeals)
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A court that hears appeals from trial courts.
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highest state court
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The highest court in a state court system; it hears appeals from intermediate appellate state courts and contain trial courts.
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special federal courts
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Federal courts that hear matters of specialized or limited jurisdiction.
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US district courts
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The federal court system's trial courts of general jurisdiction.
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US courts of appeals
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The federal court system's intermediate appellate courts.
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US Court of Appeals for the Federal Circuit
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A US Court of Appeals in Washington, DC, that has special appellate jurisdiction to review the decisions of the Court of Federal Claims, the Patent and Trademark Office, and the Court of International Trade.
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Supreme Court of the United States (US Supreme Court)
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The highest court in the United States, located in Washington, DC. The Supreme Court was created by Article III of the US Constitution.
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petition for certiorari
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A petition asking the Supreme Court to hear a case.
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writ of certiorari
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An official notice that the Supreme Court will review a case.
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federal question case
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A case arising under the US Constitution, treaties, or federal statutes and regulations.
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diversity of citizenship
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A means for bringing a lawsuit in federal court that involves a non-federal question if the parties are (1) citizens of different states of (2) a citizen of a state and a citizen or subject of a foreign country.
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standing to sue
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Having some stake in the outcome of a lawsuit.
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"in personam" jurisdiction (personal jurisdiction)
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Jurisdiction over the parties to a lawsuit.
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service of process
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A summons bring served on a defendant to obtain personal jurisdiction over him or her.
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long-arm statute
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A statute that extends a state's jurisdiction to nonresidents who were not served a summons within the state.
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"in rem" jurisdiction
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Jurisdiction to hear a case because of jurisdiction over the property of the lawsuit.
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"quasi in rem" jurisdiction (attachment jurisdiction)
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Jurisdiction that allows a plaintiff who obtains a judgment in 1 state to try to collect the judgment by attaching the defendant's property located in another state.
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venue
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A concept that requires lawsuits to be heard by the court w/ jurisdiction that is nearest the location in which the incident occurred or where the parties reside.
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forum-selection clause (choice-of-forum clause)
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A contract provision that designates a certain court to hear any dispute concerning nonperformance of the contract.
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choice-of-law clause
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A contract provision that designates a certain state's or country's law that will be applied in any dispute concerning nonperformance of the contract.
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"Zippo Manufacturing Company v. Zippo Dot Com, Inc."
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An important clause that established a test for determining when a court has jurisdiction over the owner or operator of an interactive, semi-interactive, or passive website.
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administrative agencies
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Agencies created by governments to enforce regulatory statutes.
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administrative law
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Law that governments enacts to regulate industries, businesses, and professionals.
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federal administrative agencies
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Federal administrative agencies created by the US Congress.
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state administrative agencies
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Agencies created by legislative branches of states to administer state regulatory laws.
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local administrative agencies
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Agencies created by cities, municipalities, and counties to administer local regulatory law.
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cabinet-level departments
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Federal departments that advise the president and are responsible for enforcing specific administrative statutes enacted by Congress.
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substantive rule
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A rule issued by an administrative agency that has the force of law and to which covered persons persons and business must adhere.
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Administrative Procedure Act (APA)
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A federal statute that establishes procedures for federal administrative agencies to follow while conducting their affairs.
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administrative law judge (ALJ)
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An employee of an administrative agency who presides over an administrative proceeding and decides questions of law and fact concerning a case.
