Chapter 4: Courts and Alternative Dispute Resolutions

A set of flashcards based on the lecture notes covering key concepts from Business Law related to Courts and Alternative Dispute Resolutions.

What is the primary role of the judicial branch in American government?

To determine the constitutionality of laws and actions of the other branches.

What landmark case established Judicial Review?

Marbury v. Madison (1803).

What are the basic judicial requirements to bring a lawsuit?

Jurisdiction, Venue, and Standing to sue.

Define Jurisdiction in the context of law.

The power of a court to hear a dispute and render a verdict that is legally binding.

What is In personam jurisdiction?

The power of a court to compel the presence of the parties involved in a dispute.

What is In rem jurisdiction?

The power of a court to decide issues related to property.

What are Long Arm Statutes?

Statutes that allow courts to reach non-resident parties based on minimum contacts with the state.

What constitutes Corporate minimum contacts?

Doing business within the state, advertising within the state, or placing goods in the stream of commerce with intent to sell in the state.

What is Subject Matter Jurisdiction?

Limits on the types of cases a court can hear, determined by statutes.

What is the difference between Original jurisdiction and Appellate jurisdiction?

Original jurisdiction is where the case starts, while Appellate jurisdiction reviews cases from lower courts.

What are 'Federal Question' cases?

Cases where rights or obligations are created by federal law.

What is 'Diversity of Citizenship'?

Cases where parties are from different states or a foreign country with an amount in controversy over $75,000.

What is Exclusive Jurisdiction?

Only one court has the power to hear a particular case.

What is Concurrent Jurisdiction?

More than one court can hear the case.

What is the Sliding Scale standard in Cyber Jurisdiction?

A framework used to determine jurisdiction based on the level of interactivity of a defendant's online activities.

What is Venue in a legal context?

The most appropriate location for a trial.

What is Standing to sue?

A requirement that a party must have a personal stake in a dispute to bring a lawsuit.

What are the three elements of Standing?

Harm, Causation, and Remedy.

What is Alternative Dispute Resolution (ADR)?

Any procedure for resolving disputes outside the traditional judicial process.

What role does a mediator play in Mediation?

Acts as a neutral third party to facilitate negotiation between disputing parties.

What happens in Arbitration?

A third party renders a legally binding decision on the dispute.

What is the Uniform Arbitration Act?

Legislation that provides a legal basis for arbitration agreements and proceedings.

What is Online Dispute Resolution (ODR)?

Resolution of disputes via the Internet through specialized organizations.