Business Law Chapter 3

Jurisdiction

the court’s authority to hear and decide cases

Original Jurisdiction

Courts’ authority to hear a case the first time it is brought to court

Different types of Jurisdiction

State: Trial→ Appellate Court

Federal: Us District Court → Us Appellate Court of Appeals

General jurisdiction:

A court that can hear and decide many different types of cases, including serious civil and criminal cases

Limited jurisdiction courts

courts that can only hear certain types of cases or cases involving a specific amount of money

Small Claims Court

A court that handles minor disputes involving a small amount of money,

usually with a simpler and faster process.

Cyber Jurisdiction

The authority of a court to handle legal cases involving activities or people

on the internet.

Plaintiff

the party who is complaining and will have to pay filling fees

Defendant

the person or business that is being sued or accused in a court case

Service of Process

the official delivery of legal documents to someone involved in a court cases

Class action lawsuit

a lawsuit where one person or a small group represents a larger group of people who have similar legal claims

Forum shopping

when a person chooses to file a lawsuit in a court or location where they believe they have the best chance of getting a favorable result

Discovery

the process where both sides in a lawsuit exchange information and evidence before the trial

Interrogatories

written questions that one side in a lawsuit sends to the other side, which must be answered under oath

deposition

a formal meeting where a person answers questions under oath before a trial

Cyber discovery

The process of collecting and exchanging electronic information, such as

emails, texts, and computer files, during a lawsuit.

Opening statements

the first statements made by each side in a trial that explain what they believe happened and what they plan to prove

Direct Examination

When a lawyer questions their own witness during a trial to get information that supports their case

Cross examination

when the opposing lawyer questions that witness to challenge or question their answers

Equitable remedy

A court ordered solution that is meant to make things fair when money alone is not enough

Specific performance

A court order requiring someone to do exactly what they agreed to do in a contract

Adjudication

the process of resolving a legal dispute by making a final decision, usually by a court

Restraining order

A court order that tells a person to stop doing something or stay away from another person

Minimum contacts

the connection a person or business must have with a state before that state’s court can have legal authority over them

Long arm statue

a law allows a state court to have jurisdiction over an out-of-state person or business if they enough connections to that state

Stream of commerce

a legal idea that a business can be sued in another state if it regularly sells or sends products into that state

Nicrastro vs Mcintyre-

is how the stream of commerce analysis came about.

Stream of commerce analysis-

The plaintiff has the burden to prove the defendant sent one of

its products into the stream of commerce through national distribution

When looking at stream of commerce your looking at a product malfunction.