Business Law Cheeseman Chapter 2 – Flashcards
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Limited-jurisdiction trail court
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A court that hears matters of a specialized or limited nature. Traffic courts, family law.
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General Jurisdiction trial court
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A court that hears cases of a general nature that is not within the jurisdiction of limited-jurisdiction trail courts. Testimony and evidence are recorded and stored for future reference. Felonies, civil cases more than a certain dollar amount.
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Intermediate appellate court
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A court that hears appeals from trial courts
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Special Federal Courts
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Federal courts that hear matters of specialized or limited jurisdiction. US Tax Court, US Court of Federal Claims, Us Court of International Trade.
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US District Courts
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The federal court systems trial courts of general jurisdiction. 94 District Courts.
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US Court of Appeals
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The federal court system's intermediate appellate courts.
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Court of Appeals for the Federal Circuit
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A US court of appeals in Washington DC that has special 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
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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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Unanimous Decision
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If all the justices voting agree as to the outcome and reasoning used to decide a case. Precedent for later cases.
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Majority Decision
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If a majority of the justices agree as to the outcome and reasoning used to decide a case.
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Plurality Decision
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If a majority of the justices agree as to the outcome of a case but not as to the reasoning of the outcome, it is a plurality decision. Settles case but is not precedent.
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Tie Decision
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Lower Court Decision is affirmed. Not precedent.
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Concurring Opinion
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A justice who agrees with the outcome of a case but not the reason proffered by other justices can issue a concurring opinion that sets forth his or her reasons for deciding the case.
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Dissenting Opinion
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A justice who does not agree with a decision can file a dissenting opinion that sets forth the reasons for his or her dissent.
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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 or (2) a citizen of a state and a citizen or subject of a foreign country. Controversy must exceed 75K$
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Exclusive Jurisdiction
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Authority of only federal courts to hear and decide cases. States can not hear these cases.
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Concurrent Jurisdiction
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State courts have concurrent jurisdiction with federal courts to hear cases involving diversity of citizenship and federal questions over which federal courts do not have exclusive jurisdiction.
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Standing to sue
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Some stake in the outcome of a lawsuit. Plaintiff must have standing to sue.
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In personam jurisdiction
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Jurisdiction over the parties to a lawsuit. By filing a lawsuit, plaintiff gives court jurisdiction of his or herself.
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Service of Process
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A summons being 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 non residents 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
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Jurisdiction that allows a plaintiff who obtains a judgement in one state to try to collect the judgement by attaching property of the defendant located in another state.
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Venue
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A concept that requires lawsuits to be heard by the court with 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 states of country's law that will be applied in any dispute concerning nonperformance of the contract.
