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Flashcards in Chapter 2 Deck (63):
1

Jurisdiction over any person or business that resides in a certain geographic area

In personam jurisdiction

2

Jurisdiction over property that is located within the courts boundaries

In rem jurisdiction

3

Jurisdiction that a court can exercise with certain out of state defendants based on activities that took place within the state

Long arm statute

4

Under the authority of a state long arm statute, it must be demonstrated that the defendant had....

Sufficient, or minimum contacts within the state

5

In a corporate situation, sufficient contacts is usually met is the corp. ...

Sells its goods there, advertises there, or places it's goods into the "stream of commerce" with the intent that the goods be sold in that state

6

---------------- refers to the limitations on the types of cases a court can hear. Certain courts are are empowered to hear certain types of disputes

Jurisdiction over subject matter

7

A court of ---------------- can decide cases involving a broad array of issues

General jurisdiction

8

A state trial court is an example of a court of ------ jurisdiction

General

9

-------are courts of limited jurisdiction that handle only the disposition of a persons assets and obligations after that persons death, including issues of guardianship and custody of children

Probate court

10

A courts subject- matter jurisdiction can be limited by any of the fallowing

1. Subject of the lawsuit
2. The sum in controversy
3. Wether the case involves a felony or misdemeanor
4. Wether the proceeding is a trial or an appeal

11

The distinction between courts of ----- and ------ jurisdiction normally lies in wether the case is being heard for the first time

Original jurisdiction and appellate jurisdiction

12

The courts having original jurisdiction are the courts of first instance or -----

Trial courts

13

Two situations in which federal courts have jurisdiction

When a federal question is involved

Where there is diversity of citizenship

14

" the judicial power shall extend to all cars in law and equity arising under this constitution, the laws of the United States, and their teaties, or which shall be made under their authority"
This explains ----------

Federal questions

15

When a plaintiffs cause of action is based, at least in part, on the U.S constitution, a treaty , or a federal law, a ---------- arises

Federal question

16

The most common type of diversity jurisdiction required both of the fallowing

The plaintiff and defendant must be residents of different states.

The dollar amount in controversy must exceed 75000

17

A federal court will apply ---- law in a cases involving federal question

Federal

18

A federal court will apply ----- law in a case involving diversity of citizenship

State law ( which is often the law of the state in which the court sits)

19

"The power to speak the law"

Jurisdiction

20

When cases can be tried only in federal courts or only in state courts --------/- exists

Exclusive jurisdiction

21

Federal Courts have exclusive jurisdiction in the fallowing types of cases

Federal crimes
Bankruptcy
Patent and copyright claims
Any lawsuit against the U.S.
Some areas of admiralty law ( laws governing seaborne transport and ocean waters)

22

When both federal and state courts have the power to hear a case as is true in cases involving diversity of citizenship ----- exists

Concurrent jurisdiction

23

When concurrent jurisdiction exists, a party may choose to bring a suit....

In either federal or state court. Many factors may influence a party to litigate in a federal vs a state court

24

Venue is a criminal case is normally where

The crime occurred

25

Venue in a civil case is normally where

The defendant resides

26

In a case where the defendants right to a fair trail has been impaired what might happen

Change of venue

27

Before a party can bring a lawsuit to court that part must have

Standing to sue

28

Standing to sue

Sufficient stake in a matter to justify seeking relief through the court system

29

Standing can be broken down into three elements

Harm
Causation
Remedy

30

The party bringing the action must have suffered or will immediately suffer harm- an invasion of a legally protected interest. The contreversy must be real and substantial rather than hypothetical

Harm( standing to sue)

31

The must be a causal connection between the conduct complained of and the injury

Causation ( standing to sue)

32

It must be likely rAther than speculative that a favorable court decision will remedy or make up for the injury suffered

Remedy

33

Judges in the federal courts system are are appointed by the president and if they are confirmed by the senate hold office for

Life

34

About --- of states have intermediate appellate courts

3/4

35

Appellate courts do not deal with questions of --- they deal with a question of ----

Fact
Law

36

Concerns the application or interpretation of the law

Question of law

37

The federal court system is basically a three tiered model consisting of

U.S. District courts ( trial courts of general and limited jurisdiction)
2) U.S. courts of appeals
3) the United States Supreme Court

38

In the federal court system there are ---- courts of appeals

13

39

The highest level of the three tiered federal court system is the United States ------

Supreme Court

40

The U.S. Supreme Court consists of how many justices

9

41

Although Supreme Court has original jurisdiction in rare instances most of its work is as an------

Appeals court

42

The US Supreme Court can review any case decided by .....

Any of the federal courts of appeals

43

To bring a case before the Supreme Court a party requests the court to issue a

Writ of certiorari

44

----- is an order issued by the Supreme Court to a lower court requiring the latter to send it the record of the case for review

Writ of certiorari

45

The court will not issue a writ* unless at least _ of the 9 justices approve it

4

46

Most petitions for writs are _____

Denied

47

Rule of four

Means that at least 4 of 9 Supreme Court justices must approve a petition for writ*

48

The process of resolving a dispute through the court system

Litigation

49

ADR

Alternative dispute resolution

50

The simplest form of ADR is a process in which parties attemp to settle their dispute informally with or without attorneys to represent them

Negotiation

51

When a neutral third party works with both sides in a dispute to facilitate a resolution

Mediation

52

A third neutral party or a panel of experts hears a dispute and imposes a resolution on the parties

Arbitration

53

Three forms of ADR

Negotiation
Mediation
Arbitration

54

The arbitrators decision is called_____

Award

55

A court will set aside an award only in the event of one of the fallowing

The arbitrators conduct or " bad faith" substantially prejudiced the rights of one of the parties
2. The award violates an established public policy
3.the arbitrator exceeded her or his powers ( arbitrated issues that the parties did not agree to submit to arbitration)

56

A contract specifying that any dispute arising under the contract will be resolved through arbitration rather than through the court system

Arbitration clause

57

Supreme Court has held that mandatory arbitration clauses in employment contracts are generally ______

Enforceable

58

New types of ADR that have arisen in recent years

Early neutral case evaluation
Mini-trial
Summary jury trials

59

Parties select a neutral third partyabd explains their respective positions to said party. The case evaluator asses the strengths and weaknesses of each parties claim

Early neutral case evaluation

60

Each party's attorney briefly argues the parties cases before the other partie and a panel of representatives from each side who have the authority to settle the dispute. ( usually an expert in the area being disputed acts as an advisor) if the dispute isn't settled the advisor tells the parties how the dispute is likely to be viewed by the court

Mini- trial

61

Parties present the arguments and evidence and the jury renders a verdict. The jury verdict is not binding but acts as a guide to both parties in reaching an agreement during the mandatory negotiations that immediately fallow the trial

Summary jury trial

62

AAA

American arbitration association

63

ODR

Online dispute resolution