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13 terms

Business Law 200 Chapter 2 - Courts and Alternative Dispute Resolution

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Alternative Dispute Resolution (ADR)
The resolution of disputes in ways other than those involved in the traditional judicial process
Arbitration
The settle of a dispute by submitting it to a disinterested third party (other than court) who renders a decision
The decision may or may not be legally binding
Concurrent Jurisdiction
Jurisdiction that exists when two different courts have the power to hear a case
Diversity of Citizenship
Basis for federal court jurisdiction over a lawsuit between: (1) Citizens of different states (2) A foreign country and citizens of state or of different states (3) Citizens of a state and citizens or subjects of a foreign country (*) must be more than 75,000$
Federal Question
A question that pertains to the US Constitution, acts of Congress, or treaties
A federal question provides a basis for federal jurisdiction
In personam Jurisdiction
Court jurisdiction over the "person" involved in a legal action
In rem Jurisdiction
Court jurisdiction over a defendant's property
Jurisdiction
The authority of a court to hear and decide a specific action
Long Arm Statute
A state statute that permits a state to obtain personal jurisdiction over nonresident states and their nonresident defendants
Mediation
A method of settling disputes outside of court by using the services of a neutral third party (mediator)
The mediator acts as a communicating agent between the parties and suggests ways in which the parties can resolve their disputes
Negotiation
In regard to dispute settlement, a process in which parties attempt to settle their dispute without going to court, with or without attorneys to represent them
Question of Fact
In a lawsuit, an issue involving the facts (jury and judge)
Question of Law
In a lawsuit, an issue involving the application or interpretation of a law