MGMT 209 Chapter 3 terms and rqs || 100% ACCURATE
ANSWERS.
Administrative Law Judge (ALJ) correct answers judge who presides over trials and
adjudicated the claims or disputes involving administrative law
Adversarial system correct answers 2 parties present their positions before an impartial judge
or jury who attempts to determine the truth of the case
Affirm correct answers higher court decide that the lower court was right
Affirmative defense correct answers defense in whole the defendant introduces evidence,
which if found to be credible, will negate the criminal or civil liability, even if it is proven
that the defendant committed the alleged acts. (EX: self-defense, entrapment, insanity,
necessity)
Answer correct answers the formal written statement by a defendant in a civil case that
responds to a complaint, making grounds for defense
Appeal correct answers request made after a trial by a party that has lost that a higher court
review the decision to determine if it was correct.
Appellate court correct answers not a trial court, higher courts who review lower court
decision to make sure they are correct. Second level after a verdict has been given.
Appellant correct answers the party who appeals a district court's decision (seeking reversal)
Appellee correct answers party who opposes an appellant's appeal and seek to keep the lower
court decision the same
Arbitration correct answers Legally settle dispute without going to court. Arbitrator makes
legally binding decision, no appeal process.
Beyond a Reasonable Doubt correct answers standard set for criminal cases. There must be
no doubt whatsoever that the person is guilty based on hard evidence.
Brief correct answers written statement submitted in a trial or appellate court that explains
one side's legal and factual arguments.
Challenge for Cause correct answers finding a specific and forceful reason to believe the
person cannot be fair, unbiased or capable of serving as a juror.
Complaint correct answers First step in trial process. Plaintiff's pleadings. A petition for
wrongs to be righted. Must have basic facts to be proven, facts to establish jurisdiction,
remedy sought, and under what authority. Cause defendant to be served (told to come to
court)
Counterclaim correct answers Party 1 issues a claim against Party 2. Party 2 issues a
counterclaim against Party 1.
, Courts of Appeal correct answers lowest court of appeal in Texas. 14 in metropolitan areas.
Hears both criminal and civil cases. Appeals from all lower trial courts. Fines over $100,
imprisonment or constitutional issue. En banc.
Cross-action correct answers a separate and independent lawsuit brought by the defendant
against a plaintiff for some reason arising from the same transaction or event that is the basis
for the plaintiff's lawsuit.
Default Judgement correct answers a judgement awarding a plaintiff the relief sought in the
compliant because the defendant has failed to appear in court or otherwise respond to the
complaint.
Defendant correct answers person being sued
Depositions correct answers oral testimony of witness before attorneys and court reporter.
Directed Verdict correct answers an order from the presiding judge to the jury to return a
particular verdict. Judge orders this after finding that no reasonable jury could reach a
decision to the contrary.
Discovery correct answers Part of Trial Process. Purpose to prevent surprise, prepare for case,
preserve evidence, and harass opposing party. Time to gather evidence and get ready for trial.
District Court correct answers Trial court. Authority over Felonies (criminal), Civil: high
dollar amount ($200 up), family law, title to land, election contests
Diversity of citizenship correct answers citizens of at least 2 different states and amount in
controversy must exceed $75,000, and corporations. Subject matter jurisdiction goes to
Federal courts.
En banc decision correct answers panel of 3 judges to decide case. Usually in court of appeal.
Federal question correct answers jurisdiction given to federal courts in cases involving the
interpretation and application of the US Constitution, acts of Congress, and treaties
Forum Shopping correct answers finding a place for a legal case to be heard in the court
thought most likely to provide a favorable judgement.
Hearsay correct answers out of court statement introduced to prove the truth of the matter
asserted in them. The report of another person's words by a witness, usually disallowed as
evidence in a court of law.
Impeach correct answers To attempt to prove that a witness has not told the truth or has been
inconsistent by introducing contrary evidence.
In personam jurisdiction correct answers territorial jurisdiction over the persons within its
areas of authority. Power to order defendant to court.
ANSWERS.
Administrative Law Judge (ALJ) correct answers judge who presides over trials and
adjudicated the claims or disputes involving administrative law
Adversarial system correct answers 2 parties present their positions before an impartial judge
or jury who attempts to determine the truth of the case
Affirm correct answers higher court decide that the lower court was right
Affirmative defense correct answers defense in whole the defendant introduces evidence,
which if found to be credible, will negate the criminal or civil liability, even if it is proven
that the defendant committed the alleged acts. (EX: self-defense, entrapment, insanity,
necessity)
Answer correct answers the formal written statement by a defendant in a civil case that
responds to a complaint, making grounds for defense
Appeal correct answers request made after a trial by a party that has lost that a higher court
review the decision to determine if it was correct.
Appellate court correct answers not a trial court, higher courts who review lower court
decision to make sure they are correct. Second level after a verdict has been given.
Appellant correct answers the party who appeals a district court's decision (seeking reversal)
Appellee correct answers party who opposes an appellant's appeal and seek to keep the lower
court decision the same
Arbitration correct answers Legally settle dispute without going to court. Arbitrator makes
legally binding decision, no appeal process.
Beyond a Reasonable Doubt correct answers standard set for criminal cases. There must be
no doubt whatsoever that the person is guilty based on hard evidence.
Brief correct answers written statement submitted in a trial or appellate court that explains
one side's legal and factual arguments.
Challenge for Cause correct answers finding a specific and forceful reason to believe the
person cannot be fair, unbiased or capable of serving as a juror.
Complaint correct answers First step in trial process. Plaintiff's pleadings. A petition for
wrongs to be righted. Must have basic facts to be proven, facts to establish jurisdiction,
remedy sought, and under what authority. Cause defendant to be served (told to come to
court)
Counterclaim correct answers Party 1 issues a claim against Party 2. Party 2 issues a
counterclaim against Party 1.
, Courts of Appeal correct answers lowest court of appeal in Texas. 14 in metropolitan areas.
Hears both criminal and civil cases. Appeals from all lower trial courts. Fines over $100,
imprisonment or constitutional issue. En banc.
Cross-action correct answers a separate and independent lawsuit brought by the defendant
against a plaintiff for some reason arising from the same transaction or event that is the basis
for the plaintiff's lawsuit.
Default Judgement correct answers a judgement awarding a plaintiff the relief sought in the
compliant because the defendant has failed to appear in court or otherwise respond to the
complaint.
Defendant correct answers person being sued
Depositions correct answers oral testimony of witness before attorneys and court reporter.
Directed Verdict correct answers an order from the presiding judge to the jury to return a
particular verdict. Judge orders this after finding that no reasonable jury could reach a
decision to the contrary.
Discovery correct answers Part of Trial Process. Purpose to prevent surprise, prepare for case,
preserve evidence, and harass opposing party. Time to gather evidence and get ready for trial.
District Court correct answers Trial court. Authority over Felonies (criminal), Civil: high
dollar amount ($200 up), family law, title to land, election contests
Diversity of citizenship correct answers citizens of at least 2 different states and amount in
controversy must exceed $75,000, and corporations. Subject matter jurisdiction goes to
Federal courts.
En banc decision correct answers panel of 3 judges to decide case. Usually in court of appeal.
Federal question correct answers jurisdiction given to federal courts in cases involving the
interpretation and application of the US Constitution, acts of Congress, and treaties
Forum Shopping correct answers finding a place for a legal case to be heard in the court
thought most likely to provide a favorable judgement.
Hearsay correct answers out of court statement introduced to prove the truth of the matter
asserted in them. The report of another person's words by a witness, usually disallowed as
evidence in a court of law.
Impeach correct answers To attempt to prove that a witness has not told the truth or has been
inconsistent by introducing contrary evidence.
In personam jurisdiction correct answers territorial jurisdiction over the persons within its
areas of authority. Power to order defendant to court.
