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Level 24

Business Law for Managers

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To take a matter to court, to litigate, or to sue in a civil action.
Appeals Court
A court that hears appeals from a lower court
Beyond a reasonable doubt
The standard of proof in a criminal case . If the judge or jury has any doubts about the defendant`s guilt then it must vote not to convict.
Burden of Proof
The degree to which the plaintiff or the state must convince the jury in order to prevail in the lawsuit or criminal case.
Cause of Action
A stated set of facts giving rise to a valid lawsuit
Civil Action
A noncriminal lawsuit, brought to enforce a right or redress a wrong.
A sworn allegation charging the accused with the commission of an offense.
Criminal Action
A court action brought by the state through the district attorney or the federal government through the U.S. Attorney seeking confinement of the defendant for a wrong.
the person against whom a legal action is brought
Delivery Upon a Family Member
One of the ways to serve process on a defendant if the defendant cannot be found.
Denial of a Writ of Certiorari
When the U.S. Supreme Court will not hear the appeal, ending the case.
District Attorney
A state government employee who prosecutes crimes on behalf of the citizens of the state.
Diversity of Citizenship
When all the plaintiffs are from different states than all the defendants.
An individual living in the state.
Due Process
The concept, grounded in the U.S. Constitution, that to ensure "fairness," all defendants must be given notice of a lawsuit.
Federal Question
Federal courts have authority if there is a federal question (constitution, federal statute, federal regulation)
General Jurisdiction
Refers to a court that can hear any type of controversy and award any amount of money.
Grant of a Writ of Certiorari
When the U.S. Supreme Court has agreed to hear an appeal.
In Personam Jurisdiction
The power of the state over the defendant's assets so that if the plaintiff prevails in the lawsuit, the plaintiff can collect money from the defendant.
In Rem Jurisdiction
Jurisdiction of a court over the person's real or personal property.
Justiciable Cause of Action
A cause of action that involves a protected legal right and is "able to be adjudicated," as opposed to a nonjusticiable cause of action, which involves subjective wrongs, such as hurt feelings or a bruised ego.
Limited Jurisdiction
Refers to a court that cannot hear all types of controversy and is limited as to how much money it can award a party.
Suing a person in court for monetary damages.
Long-Arm Statute
A law that allows a state to acquire in personam jurisdiction over a defendant who comes into the state and commits a tort or enters into a contract.
Minimal Contacts
The least contact a defendant must have with a state before the state will have jurisdiction over that defendant and his or her assets.
A tort or civil wrong in which the defendant unintentionally causes injury or damages to another.
Personal Delivery
One way to serve the defendant with notice of the lawsuit; hand-delivering the summons and the complaint to the defendant.
Personal Jurisdiction
Jurisdiction of the court over a person, meaning that all of the person's assets are subject to a taking and sale by the court.
Petition for a Writ of Certiorari
A request to the U.S. Supreme Court asking the Court to review a decision from a lower court.
Physical Presence
When the defendant is in the state where he or she is handed the summons and the complaint, thus giving that state in personam jurisdiction over the defendant and his or her assets.
person who initiates a civil suit
Prayer for Relief
The last paragraph in a complaint in which the plaintiff requests damages in a dollar amount.
Preponderance of the evidence
Usually the standard of proof used in a civil suit; the level of evidence a party must provide in order to win the case.
Service of Process
Delivery of a writ, summons, or other legal papers to the person required to respond to them.
Small Claims Courts
Courts that are usually limited to claims filed for $5,000 or less.
Specialized Courts
Courts within the federal system that have been established to hear very narrow types of disputes, e.g., bankruptcy or trademarks.
Subject Matter Jurisdiction
refers to the authority of a court to hear a particular case
A notice directing someone to appear in court to answer a complaint or a charge
A civil wrong, other than breach of contract, for which the court can award money damages.
Trial Court
A court that is empowered to hold trials consisting of taking testimony before a judge or jury, rendering decisions, and awarding damages.
U.S. Attorney
The federal government employee who prosecutes federal crimes.
U.S. Court of Appeals
One of 11 federal courts that hear appeals from the U.S. District Courts.
U.S. District Court
The trial court of limited jurisdiction in the federal system; limited to trials involving either diversity of citizenship plus $75,000 or more in requested damages, or a federal question.
Writ of Certiorari
Order by the Supreme Court directing a lower court to send up the records of a case for review.