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Business Law Chap. 2

Terms in this set (27)

courts of limited jurisdiction
include district and municipal courts. District courts are county courts and serve defined territories, both incorporated and unincorporated, within the counties. Municipal courts are those created by cities and towns.
courts of general jurisdiction
s one that has the authority to hear cases of all kinds - criminal, civil, family, probate, and so forth.
De Novo
Latin meaning "from the new" it is deciding the issues without reference to the legal conclusions or assumptions made by the previous court to hear the case.
Jurisdiction
The power of a court to hear and decide a case.
Venue
the county or district within which a criminal or civil case must be heard.
In Personam Jurisdiction
Against a person.
In Rem Jurisdiction
Against a thing and not against a person; concerning the condition or status of a thing
Special Appearance
is a term used in the American law of civil procedure to describe a civil defendant's appearance in the court of another State solely to dispute the personal jurisdiction of the court over that defendant.
Long-Arm Statute
A state statute that grants to a state's courts broad authority to exercise jurisdiction over out-of-state persons who have contacts with the state.
Minimum Contacts
is a term used in the United States law of civil procedure to determine when it is appropriate for a court in one state to assert personal jurisdiction over a defendant from another state
Diversity
is a form of subject-matter jurisdiction in civil procedure in which a United States district court in the federal judiciary has the power to hear a civil case where the persons that are parties are "diverse" in citizenship, which generally indicates that they are citizens of different states or non-U.S. citizens.
Federal Question
is the subject-matter jurisdiction of United States federal courts to hear a civil case because the plaintiff has alleged a violation of the United States Constitution, federal law, or a treaty to which the United States is a party.
Original Jurisdiction
The power to decide a case as a trial court.
Summons
A writ or process issued and served on a defendant in a civil action for the purpose of securing his appearance in the action.
Answer
The pleading of a defendant in which he or she may deny any or all the facts set out in the plaintiff's declaration or complaint.
Demurrer
A civil motion that attacks the plaintiff's complaint by assuming the truth of the facts stated in the complaint for purposes of the motion, and by arguing that even if these facts are true, there is no rule of law entitling the plaintiff to recovery. Roughly similar to the motion to dismiss for failure to state a claim on which relief can be granted.
Interrogatories
Written questions directed to a party, answered in writing, and signed under oath.
Summary Judgment
A method of reaching a judgment in a civil case before trial. The standard for granting a motion for summary judgment is that there be no significant issue of material fact and that the moving party be entitled to judgment as a matter of law.
Voir Dire
is a legal phrase that refers to a variety of procedures connected with jury trials.
Peremptory Challenge
A challenge to a proposed juror that a defendant may make as an absolute right, and that cannot be questioned by either opposing counsel or the court.
Lay vs Expert Witnesses
...A lay opinion witness may only provide his opinion upon a demonstration of the following: that his opinion is rationally based on the perception of the witness, that his opinion is helpful to a clear understanding of the witness's testimony or the determination of a fact in issue, and that his opinion is not based upon scientific, technical or other specialized knowledge. An expert opinion witness is very different. Such a witness does not have to have firsthand knowledge of the facts which form the basis of his opinion: he does not need to have personally witnessed the car drive through the red light in order to form his opinion on whether the car was speeding. Instead, his testimony is admissible if the testimony is based upon sufficient facts or data, the testimony is the product of reliable principles and methods, and the witness has applied the principles and methods reliably to the facts of the case. Moreover, the witness must be qualified as an expert by knowledge, skill, experience, training or education.
General Verdict
A kind of verdict that entails a complete finding and a single conclusion by a jury on all issues presented
Special Verdict
A verdict in which the jury makes findings only on factual issues submitted to them by the judge, who then decides the legal effect of the verdict
J.N.O.V.
judgment notwithstanding the verdict, court's overturn of the verdict if there is a bias of jury misconduct
A.D.R.
Alternative dispute resolution, or ADR, is an umbrella term used to describe a variety of methods for resolving disputes outside of traditional methods such as litigation.
Mediation
A method of settling disputes outside of court by using the services of a neutral third party, called a mediator. The mediator acts as a communicating agent between the parties and suggests ways in which the parties can resolve their dispute.
Arbitration
(law) the hearing and determination of a dispute by an impartial referee agreed to by both parties (often used to settle disputes between labor and management)
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