BUL 3 Flashcards

(35 cards)

1
Q

statutes

A

rules and regulations put forth by legislatures

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2
Q

stakeholders

A

the many groups of people affected by the firm’s decisions

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3
Q

in personam jurisdiction

A

court’s power to render a decision affecting the rights of the specific persons before the court

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4
Q

plaintiff

A

peron who files a lawsuit with the court

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5
Q

defendant

A

perons being sued

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6
Q

complaint

A

specifies the factual and legal basis for the lawsuit and the relief the plaintiff seeks

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7
Q

summons

A

the court order that notifies the defendant of the lawsuit and explains how and when to respond to the complaint

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8
Q

service of process

A

procedure by which courts persent these documents to the defendants

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9
Q

personal service

A

an officer of the court hands the summons and complaint to the defendant

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10
Q

long arm statues

A

enables the court to serve defendants outside the state as long as the defendant has sufficient minimum contacts within the state and it seems fair to assert long-arm jurisdiction over him or her

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11
Q

in rem jurisdiction

A

jurisdiction over property

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12
Q

quasi in rem jurisdiction (attachment jurisdiction)

A

jurisdiction over defendants property inrelated to the plaintiff’f claim

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13
Q

venue

A

determines which trial court in the system will hear the case

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14
Q

standing

A

a person who has the legal right to bring an action in court has standing

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15
Q

subject-matter jurisdiction

A

court’s power to hear certain kinds of cases

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16
Q

ripeness

A

a case is ripe if the judge’s decision is capable of affecting the parties immediately

17
Q

case or controversy

A

requirement that ensures that courts do not render advisory opinions

18
Q

defailt judgement

A

the judgement in favor of the plaintiff that occurs when the defendant fails to answer the complaint and the plaintiff’s complaint alleges facts that would support such a judgement

19
Q

answer

A

the reponse of the defendant to a complaint

20
Q

motion to dimiss

21
Q

motion

A

a request by a party for the court to do something

22
Q

counterclaim

A

the defendants claim againt the plaintiff

23
Q

reply

A

an answer to a counterclaim

24
Q

discovery

A

the parties gather information from each other

25
interrogatories
written questions that one party sends to the other to answer under oath
26
request to produce documents
forces the opposing party to produce certain information uness it is privileged or irrelevant to the case
27
deposition
attorneys examine a witness under oath
28
pretrial conference
an informal meeting of the judge with attorneys representing the parties
29
voir dire
jury selection
30
peremptory challenges
allows a party to challenge a certain number of jurors without giving a reason
31
mock trials
set up by recruiting individuals who match the demographics of the real jury to listen to attorneys' arguments and witness's testimony
32
shadow jury
is like a mock trial, but they sit inside the court room to watch the actual trial. At the end of the day the shadow jury diliberates, giving the attorneys an idea of how the reall jurors are reacting to the case.
33
prejudicial error of law
a mistake so significant that it likely affected the outcome of the case
34
brief
a written argument to explain why the judgment in the lower court was erroneous and why it should be reversed
35
writ of certiorari
an order to the lower court to send the supreme courtthe record of the case