Flashcards in Ch. 2 Deck (14):
1
Jurisdiction
- The power of a court to hear and decide a case. In general, the courts are limited by their boundaries. The exception is called long arm jurisdiction
2
Jurisdiction In Persona
- The court has jurisdiction over the person. The person resides within the boundaries of that court
3
Jurisdiction in rem
- The court has jurisdiction because you own real property within the boundaries of the court
4
Long Arm Jurisdiction
- The court is exerting jurisdiction over a non-resident
5
Subject Matter Jurisdiction
- Always need this in addition to one of the other types of jurisdiction
- Two Types limited and general
- Limited - Can only hear specific things i.e. small claims court, traffic court
6
Venue
- It is possible that there is more than one court that has jurisdiction. It is based on what is fair and convenient. Going to another location for a trial because the jury will be less in-partial
7
Standing
- A legally protected right in the controversy. The controversy must be real
8
1 trial court, 2 courts of appeal
- Start in the trial court, then go to the courts of appeal
9
Federal Court System
- Not necessarily better than the state
10
Jurisdiction of federal courts
- Limited by the constitution
- Concurrent - When the state or federal court can hear the case
11
Cases that reach the US supreme court
- Not many. They only listen to a handful of cases each term. Called writ scetiorari, which means the US supreme court is calling the case up from the minor leagues. Is an appeal court
12
Stages of a law suit
1) Pleading - Must prepare a petition (or complaint)
2) Answer - What the defendant submits to admit or deny what was in the petition
3) Discovery - Deposition - When you have to answer questions under oath, usually in an attorney's office. Can request documents, exams, etc.
4) Trial - First thing that happens is a jury is formed, although sometimes there isn't a jury
5) Appeal - Courts have three different choices. They can affirm, reverse, or remand (which means they send it back down to the lower court)
13
Differences in the stage of a lawsuit
- In a criminal case the government is always involved. In a civil case, that is not always the case. The next is burden of proof. In a criminal case the government must prove their case beyond a reasonable doubt. It's easier to win a civil lawsuit than a criminal suit for the plaintiff. The third difference is punishment. The next difference is double jeopardy...the defendant can not be charged twice for the same crime after being acquitted
14