Chapter 2: Courts and Alternative Dispute Resolution

Question 1

The court’s purpose in American Governmental System

Answer 1

to interpret and apply law.

Question 2

Judicial Review

Answer 2

Implied power of judiciary to strike down laws formed by legislative and executive branches that are unconstitutional.

Question 3

Checks and Balance System

Answer 3

Three branches of govt. keep eachother accountable.

E.g.
Executive: Veto statute from legislative branch.

Legislative: 2/3 vote to override Presidential veto.

Judicial: Uses Judicial review to strike down uncosntitutional laws by executive and legislative.

Question 4

Latin Term “Juris” meaning

Answer 4

“Law”

Question 5

Latin Term “Diction” meaning

Answer 5

“To speak”

Question 6

This means the technical term of Jurisdiction is…

Answer 6

“The power the speak the law”

Question 7

Jurisdiction

Answer 7

Authority of court to hear & decide a case.

(geographical location wherein courts have power to apply law).

Question 8

Personal Jurisdiction

Answer 8

Whether or not court has authority/right to rule over certain people involved in case.

Question 9

In Rem Jurisdiction

Answer 9

Court has authority over property within the jurisdiction where they reside.

Question 10

Long Arm Statutes

Answer 10

Statute (created by legislature)
that allows court of one jurisdiction to “drag” a defendant, from another state, to court for trial.

Question 11

Minimum Contact

Answer 11

defendant’s (FROM DIFFERENT STATES) connections to the state wherein crimes were committed that are sufficient enough to for the court to claim personal jurisdiction over defendant.

Question 12

Does personal jurisdiction apply to all states for nationwide corporations / business? Explain why.

Answer 12

No

Business would be unfairly exposed to lawsuits from several jurisdictions.

Personal jurisdiction only applies in one “home state” where substantial business is done.

Question 13

Subject Matter Jurisdiction

Answer 13

Whether or not the court has the right to hear a certain type of case.

Question 14

Courts of General Jurisdiction

Answer 14

Unlimited to the types of cases they can hear.

Question 15

Courts of Limited Jurisdiction

Answer 15

Limited to the types of cases they can hear.

Question 16

Probate Court (State)

Answer 16

Court of Limited Jurisdiction

Deals w// transferral of assets and obligations of deceased.

(e.g. money, and guardianship over children)

Question 17

Bankrupcty Court (Federal)

Answer 17

Court of Limited Jurisdiction.

Deal w/ cases invovling bankruptcy

regulated by federal bankruptcy law.

Question 18

Original Jurisdiction

Answer 18

Authority of court where the case starts.

(State: Trial Court
Federal: District Court)

Question 19

Appellate Jurisdiction

Answer 19

Authority of appellate court to review legal procedure of lower court.

Question 20

2 Situations where Federal Court has Subject Matter Jurisdiction

Answer 20

1) Federal Questions

2) Diversity of Citizenship

Question 21

Federal Questions

Answer 21

Arises in cases where plaintiff’s action is based on U.S. Constitution, federal law, or treaty.

Question 22

Diversity of Citizenship

Answer 22

Cases invovling parties from different states

AND

the legal dispute must be more than $75,000 in controversy

Question 23

Concurrent Jurisdiction

Answer 23

Applies in cases where both federal and state courts have authority to hear case.

Question 24

Exclusive Jurisdiction

Answer 24

Where only federal or only state courts have the right to hear a case.

Question 25

Venue

Answer 25

the most appropriate place to hold a trial.

Question 26

Standing to Sue

Answer 26

plaintiff must have "sufficient stake" in case to seek relief from court.

Question 27

Justiciable Controversy

Answer 27

controversy plaintiff brings before court must be REAL and SUBSTANTIAL.

Question 28

Keep in mind, the _____________ court system is not ___________ to the ____________ court system. They're different independent systems with different ways of ______________ a case under their respective _____________.

Answer 28

federal; superior; state; processing; laws

Question 29

Small Claims Court

Answer 29

inferior trial court; involves small claims of money for less than a certain amount (e.g. $5,000).

Question 30

Attorneys are ___________ required for ____________ ___________ court.

Answer 30

not; Small Claims

Question 31

In appellate court proceedings, there are no ___________, no ____________, and no _____________. There is just the _____ parties (_______________ and _______________), ________________ of the first trial proceeding, and a ___________.

Answer 31

witnesses; evidence; jury; 2; appellant; respondent; transcripts; judge.

Question 32

Appellate courts are interested in _____________ of _______, NOT ____________ of __________. It's an appellate court's job to ensure ____________ ___________ was followed, not to find ___________- ____________ errors made by jury and judge in first trial.

Answer 32

Questions; Law; Questions; Fact; legal procedure; fact-finding

Question 33

Question of Fact

Answer 33

Concerns facts of the case; whether or not something in the case actually happened.

Question 34

Questions of Law

Answer 34

Concern whether or not the law was applied correctly.

Question 35

U.S. District Courts are courts of ______________ jurisdiction on a __________ level. There is at least __ federal district court in ___________ state. There are _____ federal court districts.

Answer 35

original; federal; 1; every; 94

Question 36

There are _____ U.S. circuit court of appeals. These federal-level, intermediate appellate courts take appeals from the ____ _____________ courts within their judicial circuits.

Answer 36

13; U.S. district

Question 37

The Court of Appeals in the _____ Circuit is called the ___________ ______________. This court has ___________ _____________ jurisdiction over certain cases like __________ law, and cases where the U.S. govt is a __________________.

Answer 37

13th; Federal Circuit; national appellate; patent; defendant

Question 38

Supreme Court is the court of ____________ _____________. While the Supreme Court may have ______________ (trial) jurisdiction in ___________ cases, they primarily operate like an _____________ court, by reviewing cases from the _____________ court of _________ (federal) or _________ supreme court (state).

Answer 38

last resort; original; appeals; circuit; appeals; state

Question 39

Writ of Certiorari

Answer 39

Order issued from Supreme Court to lower court, to send up a record of their case to review.

Question 40

Rule of Four

Answer 40

4 of 9 justices must agree to hear a case before issuing writ of certiorari.

Question 41

Litigation

Answer 41

Resolving a dispute through court system.

Question 42

Pleadings

Answer 42

Documents/ statements from Plaintiff and Defendant detailing facts, charges, and defenses of their cases.

Question 43

Complaint

Answer 43

document from plaintiff stating wrongdoing against them

Question 44

3 Elements of Complaint

Answer 44

1) Jurisdiction: States why court has jurisdiction over caase 2) Legal Theory:state why plaintiff is entitled to relief from court. 3) Remedy: Type of relief requested.

Question 45

Service of Process

Answer 45

Formally notifying defendant of lawsuit (complaint and summons against them).

Question 46

Summons

Answer 46

form sent (with complaint document) to defendant stating the legal action against him & requiring him to appear in court.

Question 47

The defendant must ____________ to the complaint document within a certain frame (sometimes _____ days), otherwise the judge will enter ____________ ______________.

Answer 47

respond; 20; default judgement

Question 48

Default Judgement

Answer 48

Plaintiff will automatically receieve relief requested because of defendant's failure to respond to complaint/summons.

Question 49

Answer

Answer 49

Defendant's response to Plaintiff complaint document. Defendant admits to allegations against him OR denies them, & outline defense of his own case.

Question 50

Counterclaim

Answer 50

Defendant's answer in response to Plaintiff's complaint document.

Question 51

Reply

Answer 51

Plaintiff's response to a Defendant's counterclaim.

Question 52

Motion to Dismiss

Answer 52

Motion (by attorney) to dismiss case altogether for stated reasons.

Question 53

The ____________ may also file motion of dismissal if an _______-_____-__________ agreement was reached between them and the ________________.

Answer 53

Plaintiff; out-of-court; Defendant

Question 54

Motion for Judgement on the Pleadings

Answer 54

Request for judge to decide issue of case solely based on the merits of the case.

Question 55

Judges will accept Motion for Judgement on the Pleadings only if it regards _____________ of ________, NOT ___________ of ___________.

Answer 55

Questions; Law; Questions; Fact

Question 56

Motion for Summary Judgement

Answer 56

Request for judge to enter judgement w/o proceeding to trial.

Question 57

judges will accept Motion for Summary Judgement only if it regards _____________ of ____________, NOT ___________ of ___________.

Answer 57

questions; law; questions; fact

Question 58

Discovery

Answer 58

When opposing parties submit information to eachother, that would otherwise be hidden.

Question 59

Types of Discovery

Answer 59

Depositions & Interrogatories

Question 60

Deposition

Answer 60

Sworn testimony by party (plaintiff or defendant) or individual related to lawsuit under oath.

Question 61

Depositions are recorded, and that recording can be used if a ____________ is unable to _____________ at _______________.

Answer 61

witness; appear; trial

Question 62

Interrogatories

Answer 62

Written questions w/ answers prepared by party to lawsuit, signed under oath.

Question 63

E-evidence

Answer 63

computer-generated, electronically-recorded evidence

Question 64

Metadata is recorded ___________ information that provides information about ________ created a file, __________ it was created, and who has __________, ___________, or _____________ it.

Answer 64

electronic; who; when; accessed, modified, transmitted

Question 65

Voire Dire

Answer 65

Questioning by Judge and lawyers to observe potential bias among jurors.

Question 66

Challenge for Cause

Answer 66

remove juror based on evidence shown to judge as to why they shouldn't serve.

Question 67

Peremptory Challenge

Answer 67

removing juror w/o giving reason as to why.

Question 68

Motion for a Directed Verdict

Answer 68

Motion for judge to enter verdict on behalf of party making the motion bc the other party has not produced any evidence supporting their claim.

Question 69

Award

Answer 69

Monetary compensation given to plaintiff at the end of the trial.

Question 70

motion for judgement n.o.v

Answer 70

"motion for judgement notwithstanding the verdict" Judge will only enter this verdict if jury's verdict was clearly errouneous.

Question 71

Motion for New Trial

Answer 71

Request from losing party to set aside adverse decision and hold a new trial.

Question 72

When appealing a case, the petitioner provides a ___________, that outlines the __________ of the case, the _________'s ruling or ____________'s findings that were 'wrong', applicable ______, and ___________ on behalf of the defendant.

Answer 72

brief; facts; judge's; jury's; law; arguments

Question 73

Docket

Answer 73

schedule of cases to be heard.

Question 74

Alternative Dispute Resolution (ADR)

Answer 74

Parties resolving disputes outside of court through... 1) Negotiation 2) Mediation 3) Arbitration

Question 75

Negotiation

Answer 75

Parties settle dispute informally w/ or w/o attorneys present.

Question 76

Mediation

Answer 76

Parties settle dispute w/ third party mediatior - mediator talks w/ parties separately, then JOINTLY. - tries to help parties see points of agreement so they can make mutually beneficial resolution.

Question 77

The mediator is allowed to suggest a solution. This is called a "______________'s _____________." HOWEVER, the mediator may ______ decide FOR the two parties. He / she simply tries to ensure an agreement is reached, and that the __________ can still be in good ____________ w/ eachother after their dispute.

Answer 77

Mediator's proposal; NOT; disputants; standing

Question 78

Arbitration

Answer 78

Form of ADR Parties settle legal dispute by submitting it third party arbitors, who will render a decision.

Question 79

Decisions made by arbitors are usually _______________ __________, however, parties may opt for _____-________________ arbitration. Arbritration mandated by courts is most often _____-_____________.

Answer 79

legally bindng; non-binding; non-binding

Question 80

Arbitration Clause

Answer 80

placed in contracts; parties in contract agree to settle disputes through arbitration instead of going through court system.

Question 81

_________________ is the percieved need for a dispute to be resolved through _______________. Courts, though they can resolve issues between disputing parties judicially, may move for ______________ if a mututal _____________ clause is found in both parties' ____________.

Answer 81

abritrability; arbitration; arbitration; arbitration; contract

Question 82

Arbitration Clauses in ______________ contracts are generally _______________. This means, the employee ___________ their right to sue the corporation for any legal __________, and agrees to resolve all problems or _______________ through ___________.

Answer 82

employement; enforceable; waivers; disputes; controversies; arbitration

Question 83

Summary Jury Trial

Answer 83

Lesser known form of Alternative Dispute Resolution - Disputing parties present their arguments & evidence. Jury decides NON-BINDING verdict which serves as a guide for parties in mandatory decisions made afterward (following trial).

Question 84

Online Dispute Resolution (ODR)

Answer 84

Parties resolve legal disputes through dispute services via the Internet