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Introduction to Law-Chapter 2
Introduction to Law. Chapter Two. Essentials of the Legal Environment.
46
Law
Undergraduate 2
04/03/2012

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Term
judicial review
Definition
the process by which a court decides on the constitutionality of legislative enactments and actions of the executive branch
Term
jurisdiction
Definition
the authority of a court to hear and decide a specific case
Term
long arm statute
Definition
a state statute that permits a state to obtain personal jurisdiction over nonresident defendants. a defendant must have certain "minimum contacts" with that state for the statute to apply.
Term
probate court
Definition
a state court of limited jurisdiction that conducts proceedings relating to the settlement of a deceased person's estate.
Term
bankruptcy court
Definition
a federal court of limited jurisdiction that handles only bankruptcy proceedings, which are governed by federal bankruptcy law.
Term
federal question
Definition
a question that pertains to the U.S. Constitution, acts of Congress, or treaties. a federal question provides a basis for federal jurisdiction.
Term
diversity of citizenship
Definition
under article III, section 2, of the U.S. Constitution, a basis for federal district court jurisdiction over a lawsuit between (1) citizens of different states, (2) a foreign country and citizens of a state or of different states, or (3) citizens of a state and citizens of subjects of a foreign country. the amount in controversy must be more than $75,000 before a federal district court can take jurisdiction in such cases.
Term
concurrent jurisdiction
Definition
jurisdiction that exists when two different courts have the power to hear a case. for example, some cases can be heard in a federal or state court.
Term
exclusive jurisdiction
Definition
jurisdiction that exists when a case can be heard only in a particular court or type of court
Term
docket
Definition
the list of cases entered on a court's calendar and thus scheduled to be heard by the court
Term
venue
Definition
the geographic district in which a legal action is tried and from which the jury is selected
Term
standing to sue
Definition
the requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit. the plaintiff must demonstrate that he or she has been either injured or threatened with injury.
Term
justiciable controversy
Definition
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
Term
small claims court
Definition
a special court in which parties may litigate small claims (such as $5,000 or less). attorneys are not required in small claims courts and, in some states, are not allowed to represent the parties.
Term
question of fact
Definition
in a lawsuit, an issue that involves only disputed facts, and now what the law is on a given point. questions of fact are decided by the jury in a jury trial (by the judge is there is no jury).
Term
question of law
Definition
in a lawsuit, an issue involving the application or interpretation of a law. only a judge, not a jury, can rule on questions of law.
Term
writ of certiorari
Definition
a writ from a higher court asking the lower court for the record of a case
Term
rule of four
Definition
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 the writ
Term
litigation
Definition
the process of resolving a dispute through the court system
Term
pleadings
Definition
statements made by the plaintiff and the defendant in a lawsuit that detail the facts, charges, and defenses involved in the litigation. the complaint and answer are part of the pleadings.
Term
complaint
Definition
the pleading made by a plaintiff alleging wrongdoing on the part of the defendant; the document that, when filed with a court, initiates a lawsuit
Term
summons
Definition
a document informing a defendant that a legal action has been commenced against him or her and that the defendant must appear in court on a certain date to answer the plaintiff's complaint. the document is delivered by a sheriff or any other person so authorized.
Term
default judgment
Definition
a judgment entered by a court against a defendant who has failed to appear in court to answer or defend against the plaintiff's claim
Term
answer
Definition
procedurally, a defendant's reponse to the plaintiff's complaint
Term
counterclaim
Definition
a claim made by a defendant in a civil lawsuit against the plaintiff. in effect, the defendant is suing the plaintiff.
Term
reply
Definition
procedurally, a plaintiff's response to a defendant's answer.
Term
motion to dismiss
Definition
a pleading in which a defendant asserts that the plaintiff's claim fails to state a cause of action (that is, has no basis in law) or that there are other grounds on which a suit should be dismissed. although the defendant normally is the party requesting a dismissal, either the plaintiff or the court can also make a motion to dismiss the case.
Term
motion for judgment on the pleadings
Definition
a motion by either party to a lawsuit at the close of the pleadings 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.
Term
motion for summary judgment
Definition
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.
Term
discovery
Definition
a phase in the litigation process during which the opposing parties may obtain information from each other and from third parties prior to trial.
Term
deposition
Definition
the testimony of a party to a lawsuit or a witness taken under oath before a trial
Term
interrogaties
Definition
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.
Term
e-evidence
Definition
evidence that consists of computer-generated or electronically recorded information, including e-mail, voice mail, spreadsheets, word-processing documents, and other data
Term
voir dire
Definition
old French phrase meaning "to speak the truth." in legal language, the phrase refers to the process in which the attorneys question prospective jurors to learn about their backgrounds, attitudes, biases, and other characteristics that may affect their ability to serve as impartial jurors.
Term
motion for a directed verdict
Definition
in a jury trial, a motion for the judge to take the decision out of the hands of the jury and to direct a verdict for the party who filed the motion on the ground that the other party has not produced sufficient evidence to support her or his claims.
Term
award
Definition
in litigation, the amount of monetary compensation awarded to a plaintiff in a civil lawsuit as damages. in the context of alternative dispute resolution, the decision rendered by an arbitrator.
Term
motion for judgment N.O.V.
Definition
a motion requesting the court to grant judgment in favor of the party making the motion on the ground that the jury's verdict against him or her was unreasonable or erroneous
Term
motion for a new trial
Definition
a motion asserting that the trial was so fundamentally flawed (because or error, newly discovered evidence, prejudice, or another reason) that a new trial is necessary to prevent a miscarriage of justice
Term
brief
Definition
a formal legal document prepared by a party's attorney (in answer to the appellant's brief) and submitted to an appellate court when a case is appealed. the appellant's brief outlines the facts and issues of the case, the judge's rulings or jury's findings that should be reversed or modified, the applicable law, and the arguments on the client's behalf.
Term
alternative dispute resolution (ADR)
Definition
the resolution of disputes in ways other than those involved in the traditional judicial process. negotiation, mediation, and arbitration are forms of ADR.
Term
negotiation
Definition
a process in which parties attempt to settle their dispute informally, with or without attorneys to represent them
Term
mediation
Definition
a method of settling disputes outside of court by using the services of a neutral third party, who acts as a communicating agent between the parties and assists them in negotiating a settlement
Term
arbitration
Definition
the settling of a dispute by submitting it to a disinterested third party (other than a court), who renders a decision that is (most often) legally binding.
Term
arbitration clause
Definition
a clause in a contract that provides that, in the event of a dispute, the parties will submit the dispute to arbitration rather than litigate the dispute in court
Term
summary jury trial (SJT)
Definition
a method of settling disputes, used in many federal courts, in which a trial is held, but the jury's verdict is not binding. the verdict acts only as a guide to both sides in reaching an agreement during the mandatory negotiations that immediately follow the summary jury trial.
Term
online dispute resolution (ODR)
Definition
the resolution of disputes with the assistance of organizations that offer dispute-resolution services via the internet
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