Business Law Chapter 6

litigation

lawsuits, the process of filing claims in court and ultimately going to trial

alternative dispute resolution

any other formal or informal process used to settle disputes without resorting to a trial

trial courts

determine the facts of a particular dispute and apply to those facts the law given by earlier appellate court decisions

jurisdication

a courts power to hear a case

subject matter jurisdiction

a court has the authority to hear a particular type of case

personal jurisdiction

the legal authority to require the defendant to stand trial, pay judgements, etc. 

long-arm statue

a statue that gives a court jurisdiction over someone who commits a tort, signs a contract, or conducts “regular business activities” in the state

service of summons

the court’s written notice that a lawsuit has been filed against the defendant

minimum contacts

for a court to have personal jurisdiction, defendants must have had some interaction or activity within that jurisdiction

appellate courts

generally accept the facts given to them by trial courts; their role is to determine if the trial court applied the law correctly to the facts

error of law

when the trial court does not correctly apply the law to the facts of the case

appellant

the party filing the appeal

appellee

the party opposing the appeal (won previous trial) 

reversed

nullify the previous decision

affirmed

persuade the court that the trial court acted correctly and let the decision stand

federal question case

a claim based in the Constitution, a federal statue, or federal treaty

diversity jurisdiction

applies when the plaintiff and defendant are citizens of different states and the dispute amount exceeds $75,000

en banc

the losing party has the right to ask the entire court to rehear the appeal

writ of certiorari

a petition asking the Supreme Court to hear a case

pleading

the documents that begin a lawsuit, consisting of the complaint, the answer, and sometimes a reply

complaint

a short, plain statement of the facts that are alleging and the legal claims they are making

default judgement

a decision that the plaintiff wins without trial because the defendant failed to answer in time

counter claim

a second lawsuit by the defendant against the plaintiff 

reply

an answer to a counterclaim

class action

one plaintiff represents the entire group of plaintiffs, including those who are unaware of the lawsuit or even unaware they were harmed

motion

a formal request to the court that it take some step or issue some order 

motion to dismiss

a request that the court terminate a case without permitting it to go further

interragatories

written questions that the opposing party must answer, in writing, under oath

depositions

provide a chance for one party’s lawyer to question the other party, or potential witness, under oath

motion for protective order

request that the court limit discovery

summary judgement

a ruling by the court that no trial is necessary because there are not essential facts in dispute

vior dire

“to speak the truth” the process of selecting a jury

challenges for cause

claims that a juror has demonstrated probable bias

perempotory challenges

entitling them to excuse a juror for any reason

burden of proof

the plaintiff must convince the jury that its version of the case is correct

preponderance of the evidence

plaintiff in a civil suit must convince the jury that its version of the facts is at least slightly more likely than the defendant's version

directed verdict

a ruling that the plaintiff has entirely failed to prove some aspect of her case

judgement non obstante verdicto

a judgement notwithstanding jury’s verdict, asking the judge to override the jury 

affirm

allowing the decision to stand (accepts or ratifies lower court’s decision)

modify

affirm the outcome but with changes

reverse and remand

nullify the lower decision and return the case for reconsideration or retrial

reverse

to overturn the lower court’s decision with no new retrial

alternative dispute resolution

provides several semiformal methods of resolving conflict without litigation

federal question

a case in which the claim is based on the U.S. Constitution, federal statue, or federal treaty

preponderance of the evidence

the plaintiff’s burden of proof in a civil lawsuit

beyond a reasonable doubt

the government’s burden of proof in a criminal prosecution

rules of evidence

the law determines what questions a lawyer may ask and how they are to be phrased