Module 2: Dispute Resolution and Administrative Law Flashcards

Vocabulary flashcards covering judicial systems, federal and state jurisdiction, judicial process, alternative dispute resolution (ADR), and administrative law.

Drivers of an Organization's Performance

The foundational hierarchy comprising Ethics, Governance, Compliance, Strategy, and Operations that guides an organization's activities and performance.

Ethics (Organizational)

An organization's commitment to do the right thing.

Governance

Managing resources of the organization in accordance with statutes, by-laws, resolutions, and ethics.

Compliance

Operating the organization in accordance with external requirements, internal policies, ethics, and governance.

Strategy

Planning for increasing ownership value and ensuring sustainable growth in accordance with ethics, governance, and compliance.

Operations

Conducting everyday activities in accordance with policies, protocols, procedures, processes, ethics, governance, compliance, and strategy.

Constitutional Law

Federal and state constitutional law (and city/county charters) that establishes governmental structure, authority, and the rights and duties of citizens.

Statutory Law

Legislative enactments based on grants of constitutional or charter authority, including local ordinances.

-Statutory law is a formal, written law passed by a legislative body like Congress, a state legislature, or a city council. [1]

Administrative Law

Law that governments enact to regulate industries, businesses, and professionals, consisting of rules and regulations issued by authorized government agencies based on statutory language.

Common Law

Case law consisting of court rulings on constitutional, statutory, and regulatory language, as well as previously decided cases.

Limited-Jurisdiction Trial Courts

State trial courts that hear matters of a specialized or limited nature, such as family law, small claims, traffic, juvenile, justice-of-the-peace, probate, and misdemeanor criminal cases.

General-Jurisdiction Trial Courts

State trial courts that hear cases of a general nature not within the jurisdiction of limited-jurisdiction courts, where testimony and evidence are recorded and stored for future reference.

-A general jurisdiction trial court is a local court that can hear almost any civil or criminal case, including major business contract disputes and lawsuits. This is where a business lawsuit or trial first begins, complete with witnesses, evidence, and a judge or jury.

Intermediate Appellate Courts

State appellate courts that hear appeals from trial courts by reviewing the record to determine if errors occurred that warrant reversal or modification of the decision.

Delaware Court of Chancery

A special state court in Delaware that hears and decides business cases without juries, applying Delaware's advanced corporation law.

Special Federal Courts

Federal courts that hear matters of specialized or limited jurisdiction, such as the U.S. Tax Court, U.S. Court of Federal Claims, U.S. Court of International Trade, and U.S. Bankruptcy Courts.

U.S. District Courts

The 94 federal trial courts of general jurisdiction empowered to impanel juries, receive evidence, hear testimony, and decide cases.

U.S. Courts of Appeals

The federal system's intermediate appellate courts consisting of 13 circuits (11 numbered geographic circuits, the D.C. circuit, and the Federal Circuit) that review lower court records for legal errors.

U.S. Court of Appeals for the Federal Circuit

The 13th federal court of appeals located in Washington, D.C. that reviews decisions of the U.S. Court of Federal Claims, U.S. Court of International Trade, and the U.S. Patent and Trademark Office.

U.S. Supreme Court

The highest court in the U.S., created by Article III of the U.S. Constitution, consisting of nine justices since 1869, which hears appeals from federal appellate courts, special federal courts, and highest state courts.

Writ of Certiorari

An official request asking the U.S. Supreme Court to order a lower court to send up the record of a case for review.

Standing to Sue

The requirement that a plaintiff must have a stake in the outcome of a lawsuit, showing that harm has been or will be suffered, for a court to hear the case.

Federal Question Jurisdiction

Federal court jurisdiction arising when a claim originates under the U.S. Constitution, U.S. treaties, federal statutes, or federal regulations, with no minimum required dollar amount.

-Federal question jurisdiction is the legal power of a U.S. federal court to hear a case because the lawsuit involves a federal law, the U.S. Constitution, or a U.S. treaty.

Diversity Jurisdiction

Federal court jurisdiction applicable when parties are citizens of different states (or a U.S. state citizen and a foreign citizen/subject) and the amount in controversy exceeds $75,000.

Exclusive Federal Jurisdiction

The sole authority of federal courts to hear specific legal matters, including admiralty, antitrust, bankruptcy, copyright, federal crimes, patents, and suits against the U.S.

Concurrent Jurisdiction

Shared authority between federal and state courts to hear cases involving federal questions or diversity of citizenship.

In Personam Jurisdiction

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

-In personam jurisdiction (also called personal jurisdiction) is a court's legal authority to make a binding decision over the specific people or business entities involved in a lawsuit.

Long-Arm Statute

A statute enabling a court to exercise in personam jurisdiction over nonresident individuals or corporations based on minimum contacts with the state.

Venue

The requirement that a lawsuit be heard in a court that has proper jurisdiction and is closest to where the incident giving rise to the claim occurred.

Forum-Selection Clause

A contractual provision designating a specific state, federal, or international court where any dispute arising under the contract will be heard.

Choice-of-Law Clause

A contractual provision designating which state's or country's law will be applied to settle a dispute arising under the contract.

Class Action

A lawsuit where a group of plaintiffs with common claims collectively brings an action against a defendant, requiring certification by the appropriate court.

Mass Tort

A multi-plaintiff litigation form where the claims of individual plaintiffs against a single defendant are kept separate rather than joined in a class action.

Multidistrict Litigation (MDL)

A statutory federal court procedure that coordinates or consolidates separate federal cases involving common questions of fact before a single federal judge for pretrial procedures.

Statute of Limitations

A statute establishing the specific time period during which a plaintiff must file a lawsuit against a defendant after the right to sue arises.

Depositions

Pretrial oral testimony given under oath by a party or witness (deponent) that is transcribed prior to trial.

Interrogatories

Written questions submitted by one party to another party that must be answered in writing under oath within a stipulated time.

Production of Documents

A discovery request by one party compelling another party to produce all documents relevant to the case prior to trial.

Physical and Mental Examinations

A court-ordered examination of a party to a lawsuit before trial to determine the extent of alleged injuries.

Alternative Dispute Resolution (ADR)

Nonjudicial methods of resolving legal disputes outside of government court venues to save time and litigation expenses.

Mediation

An ADR process where a neutral third-party mediator acts as a facilitator to help the parties reach a voluntary settlement without rendering a decision.

Arbitration

An ADR process where an impartial third-party arbitrator hears testimony, evaluates evidence, and renders a decision called an award.

Federal Arbitration Act (1925)

A federal statute providing for the legal enforcement of most arbitration agreements in the United States.

-The Federal Arbitration Act (FAA) is a powerful U.S. federal law passed by Congress that requires courts to strictly enforce arbitration agreements and honor the decisions made by private arbitrators.

E-Dispute

The settlement of legal disputes online through mechanisms such as e-arbitration or e-mediation chat rooms.

Administrative Agency Creation

The process where a legislature enacts a statute and creates an administrative agency to administer and enforce that statute.

General Government Regulation

Laws enacted by government that regulate businesses and industries generally, such as antidiscrimination laws.

Specific Government Regulation

Laws enacted by government that regulate a specific industry or type of business, such as banking laws.

Administrative Procedure Act (APA)

A 1946 federal statute establishing procedural requirements for rulemaking, public comments, notice, hearings, and adjudication followed by federal administrative agencies.

-The Administrative Procedure Act (APA) is a federal law that governs how U.S. government agencies (like the EPA, FTC, SEC, or FDA) create regulations and run their day-to-day operations.

In business law, it is often called the "bill of rights" for businesses because it stops government agencies from passing unfair, sudden, or hidden rules that could ruin a company.

Administrative Law Judge (ALJ)

An employee of an administrative agency who presides over administrative proceedings, decides questions of law and fact without a jury, and issues administrative orders.

Delegation Doctrine

The legal doctrine establishing that an administrative agency possesses and can exercise only those legislative, judicial, and executive powers delegated to it by enabling statutes.

-The delegation doctrine is a constitutional rule that allows Congress to transfer (delegate) its lawmaking power to federal administrative agencies (like the EPA, SEC, or OSHA) so they can create specific regulations.

Freedom of Information Act (FOIA)

A federal statute providing public access to documents held by federal administrative agencies, subject to specific statutory exemptions.

Government in the Sunshine Act

A federal law opening federal administrative agency meetings to public attendance, except under specified statutory exemptions.

Equal Access to Justice Act

A federal law designed to protect persons and small businesses from harassment by federal administrative agencies.

Privacy Act

A federal statute stipulating that federal administrative agencies can maintain only information about an individual that is relevant and necessary to accomplish a legitimate agency purpose.

Environmental Protection Agency v. EME Homer City Generation, L.P. (2014)

A U.S. Supreme Court case upholding the EPA's adoption of the Transport Rule under the Good Neighbor Provision of the Clean Air Act, permitting cost elimination considerations for upwind states affecting downwind pollution.

-EPA v. EME Homer City Generation (2014) is a landmark U.S. Supreme Court case that ruled the Environmental Protection Agency (EPA) has the legal authority to regulate air pollution that crosses state lines, forcing upwind states to reduce factory and power plant emissions that harm the air quality of downwind states. [1, 2]