Glossary of Business Law Ch. 4
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- The power of judicial review
- The courts can decide whether the laws or actions of the executive branch and the legislative branch are constitutional
- Marbury vs. Madison
- 1803 case that decided the power of judicial review
- the authority a court has to hear and decide a specific action. Must have juridiction over (1) the defendant or the property involved and (2) the subject matter
- in personam
- A court has in personam (personal) jurisdiction over state residents
- Long arm statutes
- Permit courts to exervise jurisdiction over nonresidents how have minimum contacts with the state (do business there)
- in rem
- A court has in rem jurisdiction over property within its borders
- general jurisdiction
- A court of general jurisdiction can decide virtually any type of case.
- A court's jurisdiction may be limited by...
- 1. The subject of the suit
2. The amount of money in controversy
3. Whether the proceeding is a trial or appeal
- Diversity of citizenship
- Federal jurisdiction covers cases involving...
(1) Citizens or different states, foreign states and government
(2) Amounts more than $75,000
- Exclusive jurisdiction
- When cases can be tried only in federal courts or only in state courts (bankruptcy)
- Concurrent jurisdiction
- When both federal and state courts can hear a case (federal crimes)
- Jursidiction in cyberspace
- Whether a court can compel the appearance of a party outsie the limits of the court's jurisdiction depends on the amount of business the party transacts over the Internet with parties within the court's jurisdiction
- Standing to sue
- Standing = the injury or threat suffered by the plantiff. Must be present for plantiff to bring a suit and it must be justiciable (real, as opposed to hypothetical)
- Trial courts
- Where trials are held and testimony is taken
- Courts of appeals
- Look at questions of law NOT questions of fact unless a trial court's findings are contrary to the evidence.
- U.S. District Courts
- Where trials are held and testimony is taken for federal cases
- U.S. Courts of Appeals
- * The country is broken up into 12 circuits, each with their own court of appeals.
*The 13 court of appeals deals with certain cases such as patents or when the U.S. governtment is defendant
- The United States Supreme Court
- *Highest level of federal court system
*To be appealed to the Supreme Court, party must ask for the writ of certiorari.
*Accepting the writ is up to the Court
- voir dire
- "to speak the truth" The process in which attorneys question prospective jurors to determine whether they are biased or have any connection with the party
- preremtury challenge
- lawyer can challenge jurty and decide they don't want a certain person on the jury
- default judgement
- By a court against a defendant who has failed to appear in court to answer the complaint
- motion for a directed verdict
- Asking the judge to make a decision based that the other party has not produced sufficient evidence to support the claim
- Made by the defendant in a civil lawsuit against the plaintiff. Defendant turns around and sues toe plaintiff
- motion for judgement N.O.V.
- When party feels the judgement was unreasonable, a motion requestion the court to grand judgment in their favor
- motion for judgement on the pleadings
- Any party can file the motion when no facts are disputed and only questions of law are at issue. Can only consider those facts stated in pleadings.
- motion for summary judgement
- Any party can file this motion if there is no disagreement about the facts and the only question is which laws apply. Can consider facts outside the pleadings.
- a phase in the litigiation process which th oppossing parties may obtain information rom each others and third party prior to trial
- The testimony of a party to a lawsuit or a witness taken under oath before trial
- a series of written questions for which written answer are prepared
- motion for a new trial
- Asserting that the trial was so fundamentally flawed (because of error, newly discovered evidence, ect) that a new trial is necessary to prevent a miscarriage of justice
- One who files a notice of appeal with the clerk of the trial court
- One who files an answering brief
- Options of appellate court
- 1. Affirm; enforce the lower court's order
3. Remand: send back to court that originally heard the case
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