Business Law Chapter 2 Terms

Legislative

Created by Article I of the Constitution at the federal level, this branch is responsible for drafting laws.

Executive

Created under Article II of the Constitution, this is another name for the office of the president and its related agencies.

Judiciary

Created by Article III of the Constitution and by various state constitutions and laws, this is the branch of government dedicated to the administration of justice.

Administrative Office

The agency responsible for rent, payroll, budget, and other administrative matters relating to the functioning of the federal judiciary

Federal Judicial Center

A federal agency dedicated to conducting research on judicial administration and providing judicial education

United States Sentencing Commission (USSC)

The commission created by Congress to explore ways to establish uniformity in federal criminal sentencing

Chief Justice

In the US Supreme Court, the representative of the judicial branch to other branches and the administrative head of the judiciary

Associate Justice

In the US Supreme Court, one of the eight regular members of the court

Judicial Review

The power of courts to declare legislative or executive acts unlawful

Strict Constitutionalists

Politically conservative judges who adhere to the view that the constitution should be interpreted in light of its original meaning when it was adopted, and that new rights should be granted by the legislative process rather than through judicial review

Originalists

Jurists who subscribe to original meaning

Original Meaning

The view that the Constitution should be interpreted in light of what the Founding Fathers meant when they wrote the document

Judicial activists

Judges who adhere to the view that the Constitution is a living document that should adapt and change with the times

Civil Procedure

The rules governing litigation in civil cases

Criminal Procedure

The rules governing litigation in criminal cases

Subject Matter Jurisdiction

The authority of a court to hear cases in a specific subject area or matter. Dictates whether a case is heard in federal or state court.

Probate

The legal process of administering a disease person‘s property

Uniform Commercial Code (UCC)

A model statue that seeks to provide uniformity to contracts law among the different states. It is not a law until state legislators adopt it as law.

Torts

Any civil wrong other than a breach of contract. The law of ____ is state based.

Federal Question

Any case involving a federal law or the federal Constitution gives rise to subject that jurisdiction in federal courts

Original Jurisdiction

A small category of cases, such as lawsuits between states that allows the US Supreme Court to hear a case for the first time rather than on appeal

Diversity Jurisdiction

The power of federal courts to hear a case based on state law if all plaintiffs are from different states than all defendants, and damages claimed exceed $75,000

Removal

The process of moving a case from state court to federal court under diversity jurisdiction

Bench Trials

A case heard only by a judge where in the judge acts as both trier of law and trier of fact

Trial record

The transcript of all proceedings related to litigation at a trial court, along with accompanying paperwork such as memoranda and briefs

General jurisdiction

The power of a court to hear a broad array of civil and criminal matters without limitation

Limited jurisdiction

The type of jurisdiction in which a court is restricted to hearing cases in a specific subject matter or threshold damage damages amount

Trier of fact

A fact-finding entity, such as a jury (or judge in a bench trial)

Questions of law

Strictly legal issues, such as which evidence to admit, that are resolved by the judge during a trial

Remand

The process of sending a case from an appellate court back to the trial court for further action in accordance with the appellate court’s instructions

Writ of certiorari

A petition filed with a Supreme Court arguing why the case should be heard

In forma pauperis

When used by the Supreme Court, a period of time when the court is in session from October until June

Circuit split

A split among the federal circuit courts of appeals on the meaning of a federal law; also the major majority of cases granted by the Supreme Court

Amicus Brief

Also known as as a friend-of-the-court brief, it is filed by non-litigants, with permission of the court, to inform and persuade a court

Majority Opinion

An opinion of the court, usually written by a single judge, and joined by other judges, who voted the same way

Dissenting opinions

An opinion of a judge who disagrees with the outcome and reasoning employed by the court majority

Concurring opinion

An opinion written by a judge who agrees with the majority outcome, but disagrees with their reasoning