Chapter 3. Flashcards
(17 cards)
Jurisdiction
Power of a court system to hear a case
Personal jurisdiction
Connection to the parties
Minimum contacts
Determines whether a court in one state can assert personal jurisdiction over a defendant from another
In Rem Jurisdiction
Connection of the case to property in the case
Venue
Most convenient court in the system to hear the case
Subject matter jurisdiction
Concerned with the type of a case or amount of money involved in a case
Federal court jurisdiction
Cases involving federal law
State court jurisdiction
Cases involving state law from that state
Pleadings
Document used to commence and respond to lawsuit
Complaint filed by the plaintiff
Demurrer
Challenges the technical sufficiency of the complaint
Discovery (pretrial)
Procedural devices to obtain info
Judge trial
Where the judge decides both issues of law and issues of fact
Trial process
- Opening statements
- Plaintiffs case in chief
- Defendants case in chie
- Closing arguments
- Judges instructions
- Burden of proof
- Verdict by jury
- Judgement by judge
Mediation
Uses a neutral third party to act a facilitator to assist the disputants
Arbitration
The use of a arbitrator to a settle a dispute
Arbitrator
An independent person or body officially appointed to settle a dispute
Litigation
Process of taking legal action
