moral minimum correct answers the minimum degree of ethical behavior expected of a business firm, which is usually defined as compliance with the law
plaintiff correct answers one who initiates a lawsuit
defendant correct answers one against whom a lawsuit is brought or the accused person in ...
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moral minimum correct answers the minimum degree of ethical behavior expected of a business
firm, which is usually defined as compliance with the law
plaintiff correct answers one who initiates a lawsuit
defendant correct answers one against whom a lawsuit is brought or the accused person in a
criminal proceeding
persuasive authorities correct answers any legal authority or source of law that a court may look
to for guidance but need not follow when making a decision. when a new case or situation
appears in court.
binding authority correct answers any source of law that a court must follow when deciding a
case. includes constitution, statutes, regulations, as well as court decisions that are controlling
precedents within the jurisdiction
appeal correct answers take the decision to superior court
appellant correct answers the party who takes an appeal from one court to another
appellee correct answers the party against whom an appeal is taken - the party who opposes
setting aside or reversing the judgement
judicial review correct answers process by which courts decide on the constitutionality of
legislative enactments and actions of the executive branch
jurisdiction correct answers authority of a court to hear and decide a specific action
venue correct answers geographical district in which an action is tried and from which the jury is
selected - appropriate location for a trial
concurrent jurisdiction correct answers jurisdiction that exists when a case can be heard in two
different courts. federal or state court.
ex. diversity of citizenship
exclusive jurisdiction correct answers jurisdiction that exists when a case can be heard only in a
particular court or type of court, such as federal or state court
ex. state: divorce and adoption
federdal: federal crimes, bankruptcy, lawsuits against the U.S, copyright claims
summons correct answers document informing the defendant that a legal action has been
commenced against him or her and that the defendant must appear in court on a certain date to
answer the plaintiff's complaint. usually delivered by a sheriff/authority
, writ of certiorari correct answers order issued by the supreme court to a lower court requiring the
latter to send it the record of the case for review. the court will not issue a writ unless at least 4
out of 9 of the justices approve of it
counterclaim correct answers a claim made by the defendant in a civil lawsuit that in effect sues
the plaintiff
motion correct answers a procedural request submitted to the court by an attorney on behalf of
his or her client. comes with a notice of motion
three motions correct answers motion to dismiss
motion for judgement on the pleadings
motion for summary judgement
motion to dismiss correct answers party asking the court to dismiss the case for reasons stated in
the motion. normally the defendant requests dismissal
ex. improper service, lack of personal judgement, or the claim cannot be granted relief (a
remedy)
ex. if the defendant was not properly served, if the court lacked jurisdiction or if the venue was
improper
pleadings correct answers statements made by the plaintiff and the defendant in a lawsuit that
detail the facts, charges, and defenses involved in the litigation. the complaint and answer are in
the pleadings
motion for judgement on the pleadings correct answers asks court to decide the issue solely on
the pleadings without proceeding to trial. only granted when there is no dispute over the facts of
the case and the sole issue is to be resolved is the question of law
ex. if the defendant admitted to all of the allegations and raised no defenses
motion for summary judgement correct answers asks the court to grant a judgement in the party's
favor without a trial, can be made before or during trial. only granted if no facts are in dispute
and the only question is how the law applies to the facts. unlike motion for judgement on the
pleadings, summary judgement can be supported by admissible evidence outside the pleadings
(affidavits-sworn statements, copies of documents or other evidence)
common law correct answers a body of general rules that applied throughout the entire English
realm
remedy at law correct answers a remedy available in a court of law. money damages are awarded
as a remedy at law. (remedy: the relief given to an innocent party to enforce a right or
compensate for the violation of a right)
remedy in equity correct answers a remedy allowed by courts when remedies at law are not
appropriate, based on fairness.
ex. undo some wrong or injury like breaking a contract
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