Business Law, Texts and Cases, Thirteenth Edition, Chapter 2

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alternative dispute resolution
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less costly and more timely way of resolving disputes; not going through the court system; today 90% of civil lawsuits are resolved outside of the court system
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American Arbitration Association
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an organization that handles a lot of alternative dispute resolutions
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arbitration
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a more formal method of ADR (alternative dispute resolution): a neutral third party or a panel of experts hears a dispute and imposes a resolution on the parties
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arbitrator
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a neutral third party or a panel of experts which hears a dispute and imposes a resolution on them
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arbitration clause
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a clause frequently written into contracts specifying that any dispute arising under the contract will be resolved through arbitration rather than through the court system
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award
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the arbitrator’s decision
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bankruptcy court
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courts that handle only bankruptcy proceedings, which are governed by federal bankruptcy law
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concurrent jurisdiction
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when both federal and state courts have the power to hear a case, as is true in suits involving diversity of citizenship
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diversity of citizenship
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when the plaintiff and the defendant are residents of different states and the dollar amount in controversy exceeds $75,000
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early neutral case evaluation
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a type of ADR in which parties select a neutral third party (generally an expert in the subject matter of the dispute) and then explain their respective positions to that person
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exclusive jurisdiction
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when cases can only be tried in federal courts or only in state courts
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Federal courts have exclusive jurisdiction in the following five types of cases:
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1. federal crimes 2. bankruptcy 3. most patent and copyright claims 4. any lawsuits against the United States 5. some areas of admiralty law (law governing seaborne transportation and ocean waters)
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federal question
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whenever a plaintiff’s cause of action is based, at least in part, on the U.S. Constitution, a treaty, or a federal law
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in personam jurisdiction
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personal jurisdiction; jurisdiction over any person or business that resides in a certain geographic area
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in rem jurisdiction
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jurisdiction over the thing; jurisdiction over property that is located within its boundaries
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judicial review
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the process of the judiciary branch of the government determining whether or not the laws or actions of the other two branches of government are constitutional
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jurisdiction
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the power to speak the law; concerned with whether a court has authority to hear a case involving specific persons, property, or subject matter
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litigation
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the process of resolving a dispute through the court system
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long arm statute
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a court can exercise personal jurisdiction over certain out-of-state defendants based on activities that took place within the state.
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mediation
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a neutral third party acts as a mediator and works with both sides in the dispute to facilitate a resolution
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mini-trial
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a form of resolution where each party’s attorney briefly argues the party’s case before the other party and a panel of representatives from each side who have the authority to settle the dispute. Typically a neutral third party (usually an expert in the area) acts as an adviser and in the case that the parties fail to reach an agreement, the adviser renders an opinion as to how a court would likely decide the issue
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negotiation
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a process in which the parties attempt to settle their dispute informally, with or without attorneys to represent them
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online dispute resolution
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some cyber businesses use this kind of resolution
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probate court
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state courts that handle only the disposition of a person’s assets and obligations after that person’s death, including issues relating to the custody and guardianship of children
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question of fact
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deals with what really happened in regard to the dispute being tried. ex. whether a party actually burned a flag
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question of law
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concerns the application or interpretation of the law; ex. whether or not flag burning is a form of speech protected by the First Amendment to the U.S. Constitution
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rule of four
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the Court will not issue a writ unless at least four of the nine justices approve it
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small claims court
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inferior trial courts that hear only civil cases involving claims of less than a certain amount, such as $5,000 (the amt varies from state to state). procedures are informal, and lawyers are not required
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standing to sue
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a sufficient stake in a matter to justify seeking relief through the court system
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summary jury trial
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federal courts sometimes hold this kind of trial in which parties present their arguments and the jury decides the verdict. That verdict isn’t binding but it serves as a guide to both parties when they are reaching an agreement during the mandatory negotiations that immediately follow the trial
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venue
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concerned with the most appropriate location for a trial
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writ of certirorari
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an order issued by the Supreme Court to a lower court requiring the latter to send it the record of the case for review
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FIRST EXAM
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duty of care, negligent tort, liability without fault (strict liability), briefly about criminal law: a law that makes that act impermissable: felonies, etc., crime: wrongful act & mens reia, negligent crime, burden of proof under criminal manner: beyond reasonable doubt, civil: preponderance of the evidence, criminal: govt, civil: person who was harmed, law wants proof; contracts: terms and conditions, agreement, consideration, legality, contracts not enforceable due to voluntary consent & fraud; ALL M.C. 55-65 questions–CPA like know what a crime is know what negligence is in a strict liability contract, if they say joe manufactures dynamite, what is liability without fault?

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