Ch. 2 Flashcards Preview

Business Law > Ch. 2 > Flashcards

Flashcards in Ch. 2 Deck (14):
1

Jurisdiction

- The power of a court to hear and decide a case. In general, the courts are limited by their boundaries. The exception is called long arm jurisdiction

2

Jurisdiction In Persona

- The court has jurisdiction over the person. The person resides within the boundaries of that court

3

Jurisdiction in rem

- The court has jurisdiction because you own real property within the boundaries of the court

4

Long Arm Jurisdiction

- The court is exerting jurisdiction over a non-resident

5

Subject Matter Jurisdiction

- Always need this in addition to one of the other types of jurisdiction
- Two Types limited and general
- Limited - Can only hear specific things i.e. small claims court, traffic court

6

Venue

- It is possible that there is more than one court that has jurisdiction. It is based on what is fair and convenient. Going to another location for a trial because the jury will be less in-partial

7

Standing

- A legally protected right in the controversy. The controversy must be real

8

1 trial court, 2 courts of appeal

- Start in the trial court, then go to the courts of appeal

9

Federal Court System

- Not necessarily better than the state

10

Jurisdiction of federal courts

- Limited by the constitution
- Concurrent - When the state or federal court can hear the case

11

Cases that reach the US supreme court

- Not many. They only listen to a handful of cases each term. Called writ scetiorari, which means the US supreme court is calling the case up from the minor leagues. Is an appeal court

12

Stages of a law suit

1) Pleading - Must prepare a petition (or complaint)
2) Answer - What the defendant submits to admit or deny what was in the petition
3) Discovery - Deposition - When you have to answer questions under oath, usually in an attorney's office. Can request documents, exams, etc.
4) Trial - First thing that happens is a jury is formed, although sometimes there isn't a jury
5) Appeal - Courts have three different choices. They can affirm, reverse, or remand (which means they send it back down to the lower court)

13

Differences in the stage of a lawsuit

- In a criminal case the government is always involved. In a civil case, that is not always the case. The next is burden of proof. In a criminal case the government must prove their case beyond a reasonable doubt. It's easier to win a civil lawsuit than a criminal suit for the plaintiff. The third difference is punishment. The next difference is double jeopardy...the defendant can not be charged twice for the same crime after being acquitted

14

Alternative Dispute Resolution

- Trying to settle your dispute outside of suit. It is faster, cheaper, and more private
1) Negotiation - The parties meet and try to resolve the issue
2) Mediation - A third party is involved; it is their role to lead the discussion
3) Arbitration - A third party is involved. However, this time they make the decision
4) Mini-trial - It's a small trial. Basically arbitration on steroids.