FIN 240: Chapter 2 - Courts and Alternative Dispute Resolution

Vocabulary practice flashcards defining key legal terms, procedures, and dispute resolution methods from Chapter 2 of FIN 240.

Judicial review

Power of courts to determine whether government action is constitutional; famously associated with Marbury v. Madison.

Jurisdiction

A court's authority to hear and decide a case.

Personal jurisdiction

Court authority over the parties, especially the defendant.

Subject-matter jurisdiction

Court authority over the type of dispute.

Venue

Proper geographic location for a lawsuit.

Standing

Plaintiff's legal entitlement to bring a claim, focusing on injury, causation, and likely redressability.

Federal question

Federal court jurisdiction over qualifying claims arising under federal law.

Diversity jurisdiction

Federal jurisdiction over qualifying suits between diverse citizens with an amount in controversy above $\text{\$}75,000$.

Trial court

Court that hears evidence, determines facts, and applies law.

Appellate court

Court that reviews lower-court decisions for legal error and generally does not conduct a new trial.

Complaint

Plaintiff's initial pleading stating claims and requested relief, which starts an ordinary civil lawsuit.

Answer

Defendant's formal response to a complaint, which may admit or deny allegations.

Counterclaim

A claim brought by the defendant against the plaintiff, rather than merely a denial.

Pleading

Formal document setting out claims or defenses, such as a complaint or an answer.

Default judgment

Judgment that may follow a party's failure to respond or defend.

Summary judgment

Decision without trial when no genuine dispute of material fact requires trial and the law favors the movant.

Discovery

Pretrial process of obtaining relevant information and evidence.

Deposition

Sworn oral testimony taken outside of trial.

Interrogatories

Written questions answered under oath.

Request for admissions

Request to admit or deny specified facts, which can narrow disputed issues.

Production request

Request for documents or other evidence, which may include electronic records.

E-discovery

Discovery of electronically stored information, such as emails, digital files, and messages.

Voir dire

Questioning potential jurors during jury selection to assess impartiality.

Negotiation

Form of dispute resolution where parties directly attempt to resolve a dispute with no neutral decision-maker required.

Mediation

Method where a neutral mediator helps parties reach their own agreement without ordinarily imposing a binding decision.

Arbitration

Dispute resolution method where a neutral arbitrator hears the dispute and issues a decision, which can be binding.