Business Law Today Cengage 11th Edition Chapter 2 – Flashcards
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Judicial Review
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Process by which a court decides on the constitutionality of legislative enactments and actions of the executive branch.
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Jurisdiction
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The authority of a court to hear and decide a specific case.
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Long Arm Statute
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A state statute that permits a state to exercise jurisdiction over nonresident defendants.
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Probate Court
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A state court of limited jurisdiction that conducts proceedings relating to the settlement of deceased persons estate.
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Bankruptcy Court
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A federal court limited jurisdiction that handles only bankruptcy proceedings, which are governed by federal bankruptcy law.
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Federal Question
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Question that pertains to the U.S. constitution, an act of congress, or a treaty and provides a basis for federal jurisdiction in a case.
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Diversity of Citizenship
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Basis for federal court jurisdiction over a lawsuit between citizens of different states or a lawsuit involving a U.S. citizen and a citizen of a different country.
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Concurrent Jurisdiction
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Jurisdiction that exists when two different courts have the power to hear a case.
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Exclusive Jurisdiction
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Jurisdiction that exists when a case can be heard only in a particular court or type of court.
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Venue
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The geographic district in which a legal action is tried and from which the jury is selected.
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Standing to Sue
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The legal requirement that an individual must sufficient stake in a controversy before he or she can bring a lawsuit.
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Justiciable Controversy
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A controversy that is not hypothetical or academic but real and substantial; a requirement that must be satisfied before a court will hear a case.
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Small Claims Court
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A special court in which parties can litigate small claims without an attorney.
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Question of Fact
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In a lawsuit, an issue that involves only disputed facts, and not what the law is on a given point
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Question of Law
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In a lawsuit, an issue involving the application or interpretation of a law
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Writ of Certiorari
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A writ from a higher court asking a lower court for the record of a case.
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Rule of Four
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A rule of the united states Supreme Court under which the court will not issue a writ of certiorari unless at least four justices approve of the decision to issue to writ.
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Litigation
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The process of resolving a dispute through the court system.
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Pleadings
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Statements by plaintiff and the defendant that detail the facts, charges, and defense of a case.
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Complaint
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The pleading made by a plaintiff alleging wrongdoing on the part of the defendant. When filed with a court, the complaint initiates a lawsuit.
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Service of Process
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The delivery of the complaint and summons to a defendant.
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Summons
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Document informing a defendant that a legal action has been commenced against her or him and that the defendant must appear in court on a certain date to answer the plaintiffs claim.
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Default Judgement
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A judgement entered by a court against a defendant who has failed to appear in court to answer or defend against the plaintiffs claim.
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Answer
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Procedurally, a defendant's response to plaintiffs the complaint.
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Counterclaim
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Claim made by a defendant in a civil lawsuit against the plaintiff. In effect, the defendant is suing the plaintiff.
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Reply
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Procedurally, a plaintiff's response to a defendants answer.
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Motion to Dismiss
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Pleading in which a defendant admits the facts as alleged by the plaintiff but asserts that the plaintiffs claim to state a cause of action has no basis in law.
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Motion for Judgment on the Pleadings
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A motion by either party to a lawsuit at the close of the pleading requesting the court to decide the issue solely on the pleadings without proceeding to trial. The motion will be granted only if no facts are in dispute.
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Motion for Summary Judgement
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A motion requesting the court to enter a judgment without proceeding to trial. The motion can be based on evidence outside the pleadings and will be granted only if no facts are in dispute.
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Discovery
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A method by which the opposing parties obtain information from each other to prepare for trial.
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Deposition
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The testimony of a party to a lawsuit or a witness taken under oath before a trial.
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Interrogatories
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A series of written questions for which written answers are prepared by a party to a lawsuit, usually with the assistance of the party's attorney, and then signed under oath.
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E-Evidence
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A type of evidence that consists of computer-generated or electronically recorded information
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Metadata
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Data that are automatically recorded by electronic devices and provide information about who created a file and when, and who accessed, modified, or transmitted the file on their hard drives. Can be described as data about data.
