EC BUA340 F08 T1
Terms
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- Sanctions
- the means by which the law enforces the decision of the courts
- chapter 13 bankruptcy
- 3-5 year plan
- Summary Judgment
- final ruling by the judge in favor of one party based on the evidence disclosed by discovery
- In Rem Jurisdiction
- jurisdiction based on claims against property
- promissory estoppel
- doctrine which enforces non-contractual agreements to encourage someone to follow through with intentions
- Strict Scrutiny
- exacting standard of review applicable to regulation affecting a fundamental right or involving a suspect classification
- Negotiation
- consensual bargaining process in which the parties attempt to reach an agreement resolving their dispute without the involvement of third parties
- Federalism
- government in which national and regional entities are sovereign in their own right
- subjective satisfaction
- based on good faith
- Court of Appeals
- hears appeals from the district courts and review orders of certain administrative agencies
- Complaint
- document filed with the clerk of the court which contains statement and facts of a claim and a demand for that relief
- cohesion contract
- take it or leave it
- In Personam Jurisdiction
- jurisdiction based upon claims against a person, in contrast to jurisdiction over the person's property
- types of damages
- compensatory, punitive, and nominal
- Justice
- fair, equitable, and impartial treatment
- slip and fall
- jury decides if circumstances are reasonable
- Plaintiff
- party bringing suit; has the burden of proof
- resitition
- payment to make it like it never happened
- assume the risk
- expected and normal risks and damages are not cases for negligence
- Substantive
- basic
- Due Process
- Fifth and Fourteenth Amendments prohibit the Federal and State governments from depriving any person of life, liberty, or property without fair treatment under the law
- Jurisdiction
- authority of a court to decide a particular kind of case
- fiduciary
- one who property or power in entrusted
- mitigating damages
- making up for losses
- comparative negligence
- using percentages to decide how much fault/compensation
- Discovery
- the right of each party to obtain evidence from the other party
- Venue
- geographical area in which a lawsuit should be brought
- caveat emptor
- buyer beware
- remitter
- appellate judge lowers dollar amount
- Contract Clause
- restricts States from retroactively modifying contracts
- Mediation
- a nonbinding process in which a third party acts as an intermediary between the disputing parties and proposed solutions for them to consider
- Negligence
- failure to act reasonable - legal duty, breach, cause, and damages
- District Courts
- trial courts of general jurisdiction that can hear and decide most legal controversies in the Federal system
- Defendant
- party who suit is brought against
- Jury nullification
- judge discounts an incorrect decision by a jury based on outside factors
- res ipsa loquitur
- speaks for itself - strict liability
- Burden of Proof
- In civil law, a preponderance (greater weight) of the evidence
- chapter 11 bankruptcy
- reorganization
- anticipatory breach
- has cause of action even if no part of the contract has been carried out
- fraud
- misrepresentation of material fact - knowingly and with reliance dependent
- course of dealings
- definiteness is dictated by a regular course of action
- Duty
- obligation
- parol evidence
- meaning behind the words
- Right
- the capacity of a person, with the aid of the court, to require another person to perform or refrain from performing a certain act
- Trial
- determines the facts and the outcomes of the case
- stare decisis
- to stand by the decision - courts following the ruling of previous and high courts
- Appeal
- determines where the trial committed pretrial error
- Civil law
- duties the violation of which constitutes a wrong against the party injured by the violation
- incidental benefactor
- a party who would have happened to benefited from a contract does not have cause of action
- Judicial Review
- examination of governmental actions to determine whether they conform to the US Constitution
- escrow
- stakeholder
- Tort
- A private of civil wrong or injury, other than breach of contract, for which a court will provide a remedy in the form of an action for damages; requires duty, breech of duty, and damages
- Law
- "a rue of civil conduct prescribed by the supreme power in a state, commanding what is right, and prohibiting what is wrong" (Blackstone)
- The Supreme Court
- the nation's highest court, whose principal function is to review decisions of the Federal Courts of Appeals and the highest state cournts
- Pretrial Procedure
- process requiring the parties to disclose what evidence is available to prove the disputed facts; designed to encourage settlement of cases or to make the trial more efficient
- Arbitration
- a nonjudicial proceeding in which a neutral party selected by the disputants renders a binding decision in the form of an award
- Demurrer
- An allegation of the defendant that even if the facts as stated in the pleadings to which objection is taken be true, their legal consequences are not such as to require the demurring party to answer them to proceed further with the cause
- Conciliation
- a nonbinding process in which a third party acts as an intermediary between the disputing parties
- chapter 7 bankruptcy
- trustee splits