business law CH 4 SLIDES

Judicial review

The power of courts to decide whether actions of the legislative or executive branches are constitutional.

Marbury v. Madison

The Supreme Court case that established the principle of judicial review.

Jurisdiction

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

Personal jurisdiction

A court's power over the parties involved in a lawsuit.

In rem jurisdiction

A court's power over property located within its geographic boundaries.

Subject matter jurisdiction

A court's authority to hear cases of a particular type.

Probate court

A court that handles wills, estates, and inheritance matters.

Bankruptcy court

A federal court that handles bankruptcy cases.

Original jurisdiction

The authority of a court to hear a case for the first time.

Appellate jurisdiction

The authority of a court to review decisions made by lower courts.

Federal question jurisdiction

Federal court jurisdiction over cases involving the U.S. Constitution, federal laws, or treaties.

Diversity of citizenship

Federal jurisdiction based on parties being from different states and the amount in controversy exceeding $75,000.

Exclusive jurisdiction

Jurisdiction where only one court has the authority to hear a case.

Concurrent jurisdiction

Jurisdiction where more than one court can hear the same case.

Venue

The geographic location where a case is tried.

Standing to sue

The requirement that a plaintiff must have a sufficient stake in the outcome of a lawsuit.

Motion to dismiss

A request to end a lawsuit because it has no legal basis.

Motion for judgment on the pleadings

A request for a court decision based only on the pleadings.

Motion for summary judgment

A request for judgment when no genuine issue of material fact exists.

Discovery

The pretrial process in which parties obtain information from each other.

Deposition

Sworn testimony taken before trial.

Interrogatories

Written questions answered under oath during discovery.

E-evidence

Electronically stored or recorded information used as evidence.

Metadata

Data that shows information about electronic files, such as who created or modified them.

Alternative dispute resolution (ADR)

Methods of resolving disputes without going to court.

Negotiation

A dispute resolution method where parties try to reach an agreement without third-party involvement.

Mediation

A dispute resolution process where a neutral mediator helps parties reach a voluntary agreement.

Arbitration

A formal ADR process where an arbitrator hears a dispute and issues a decision.

Award

The decision issued by an arbitrator.

Online dispute resolution (ODR)

The use of online platforms to resolve disputes.

Summary jury trial (SJT)

A shortened trial used to encourage settlement.