Definition 1 of 363
only applies to states and not federal governments
regulates state and local government
Establishment Clause
Commerce Clause
Supremacy Clause
Contract Clause
Definition 2 of 363
generally chosen by disputing parties
expertise
number chosen -- given a list to choose from, but not limited to the list; each party chooses 1 and
the 2 chosen choose a third; number is based on the agreement of the parties
authority over certain matters -- topic of controversy
Juries
Formalism
Lawyers
Arbitrators
,Definition 3 of 363
occurs when a court official seizes property of the debtor, sells it at a public auction, and applies
the proceeds to creditor's claim
Execution
Extradition
Garnishment
Preemption
Definition 4 of 363
party can request the other to admit that certain issues presented in the pleadings are no longer
in dispute
narrows some issues and makes settlement more likely
Indictment
Request for Admission
Interrogatories
Deposition
Definition 5 of 363
creation of administrative agencies to ensure that details contained in the legislation would be
carried out
Actual and Exclusive
Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010
Market Extension Merger
Per Se Illegality
,Term 6 of 363
Waiver
the party who files a civil action
the process by which a third party attempts to assist disputing parties in resolving their
differences
mediatory cannot impose a binding solution
voluntary choice
court ordered
disputing parties retain control over when to settle and when to continue disputing
occurs when a party intentionally relinquishes a right to enforce the contract
occurs after a contracting party fails to perform
a three or more party contract wherein the original contracting parties agree to relieve the
obligor from liability by substituting an assignee in place of this party
Definition 7 of 363
owned by many persons
those whose stock is traded on a public exchange
Release
Corporation
Mediation
Publicly Held business organization
, Definition 8 of 363
interpret the relevant constitutional, legislative, and regulatory laws
precedents
advantages: "stare decisis" - let the prior decision stand
disadvantages: huge volume of cases, conflicting precedents, dicta (whatever else the court said),
rejection of the precedent, conflicts of law (varying state laws)
Civil Law
Criminal Law
Common Law
Case Law
Definition 9 of 363
designed to ensure that the results are based on merits of the controversy and not on the ability,
skill, or cunning of counsel
designed to ensure that each side is fully aware of all the facts involved in the case and of the
intentions of the parties
Discovery
Deposition
Consequentialism
Interrogatories
Definition 10 of 363
brings together one company that is the customer of the other in one of the line of commerce in
which the other is the supplier
Interrogatories
Vertical Merger
Security Markets
Tangible Property
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