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Business Law Ch 2.2
Business Law Class Notes
Question | Answer |
---|---|
FEDERAL QUESTION | A question that pertains to the U.S. Constitution acts of Congress or treaties. A federal question provides a basis for federal jurisdiction. |
IN PERSONAM JURISDICTION | Court jurisdiction over the "person" involved in a legal action; personal jurisdiction. |
IN REM JURISDICTION | Court jurisdiction over a defendant's property. |
JUDICIAL REVIEW | The process by which courts decide on the constitutionality of legislative enactments and actions of the executive branch. |
JURISDICTION | The authority of a court to hear and decide a specific action. |
JUSTICIABLE CONTROVERSY | (jus-tish-a-bul) A controversy that is not hypothetical or academic but real and substantial; a requirement that must be satisfied before a court will hear a case. |
LITIGATION | The process of resolving a dispute through the court system. |
LONG ARM STATUTE | A state statute that permits a state to obtain personal jurisdiction over nonresident defendants. A defendant must have "minimum contacts" with that state for the statute to apply. |
MEDIATION | A method of settling disputes outside of court by using the services of a neutral third party called a mediator. The mediator acts as a communicating agent between the parties and suggests ways in which the parties can resolve their disputes. |
MINI-TRIAL | A private proceeding in which each party to a dispute argues its position before the other side and vice versa. A neutral third party may be present and act as an adviser if the parties fail to reach an agreement. |