Chapter 3 - Courts, Litigation, and Alternative Dispute Resolution

Question 1

Define Litigation

Answer 1

The process of resolving disputes in court. Refers to lawsuits, the process of filing claims in court, trying the case, and living with the court’s ruling.

Question 2

Define Alternative Dispute Resolution

Answer 2

Resolving disputes out of court, through formal or informal processes

Question 3

Define Mediation

Answer 3

A form of ADR in which a neutral third party guides the disputing parties toward a voluntary settlement

Question 4

Define Arbitration

Answer 4

A form of ADR in which a neutral third party has the power to impose a binding decision

Question 5

Define Litigator

Answer 5

A Lawyer who handles court cases

Question 6

Define Negotiation

Answer 6

In terms of ADR can happen through Mediation or Arbitration.

Question 7

Define Discovery

Answer 7

The pre-trial opportunity for both parties to gather information relevant to the case

Question 8

Define Federal Courts

Answer 8

Courts that serve the whole country

Question 9

Define State Courts

Answer 9

Courts that serve a specific state.

Question 10

Define Trial Courts

Answer 10

Determine the facts and apply to them the law given by appellate courts

Question 11

Define Jurisdiction

Answer 11

A court’s power to hear a case

Question 12

Define Subject Matter Jurisdiction

Answer 12

Requirement that the court has the authority to hear a particular type of case.

Question 13

Define Personal Jurisdiction

Answer 13

Requirement that court has legal authority to require the defendant to stand trial, pay judgement, and the like.

Question 14

What general type of court is the only one that hears testimony from witnesses and receives evidence?

Answer 14

Trial Courts

Question 15

When does a court’s personal jurisdiction exist?

Answer 15

The defendant is a resident of the state in which the lawsuit is filed
OR
The defendant files documents in court, such as an answer to the complaint
OR
A summons is served on a defendant
OR
The long-arm statute applies.

Question 16

Define Summons

Answer 16

A court’s written notice that a lawsuit has been filed against the defendant. The summons must be delivered to the defendant when she is physically within the state in which the lawsuit is filed

Question 17

Define Served

Answer 17

Being delivered a document in a formal manner to the person to whom it was addressed

Question 18

Define Long-Arm Statute

Answer 18

The statutes typically claim jurisdiction over someone who does not live in a state but commits a tort, signs a contract, causes foreseeable harm, or conducts “regular business actives” there. Under the Due Process Clause of the Constitution, courts can use the long arm-statutes only if a defendant has had minimum contacts with the state. In other words, it is unfair to require a defendant to stand trial in another state if he has no meaningful interaction with that state.

Question 19

Define Appellate Courts. What are their characteristics? 6

Answer 19

• A court where three or more judges hear the case.
• There are no juries ever.
• These courts do not hear witnesses or take new evidence.
• They hear appeals of cases already tried before.
• They generally accept the facts given to them by trial courts
• ->They review the trial record to see if the court make errors of law.

Question 20

Define Appelant

Answer 20

The party filing the appeal (the party that loses at the trial court)

Question 21

What is the minimum number of judges needed to hear a case in appellate court?

Answer 21

Three

Question 22

Define Appellee

Answer 22

The party opposing an appeal

Question 23

Define Federal Question Case

Answer 23

A claim based on the US Constitution, a federal statute, or a federal treaty.

Question 24

Define Diversity Case

Answer 24

A lawsuit which the plaintiff and defendant are citizens of different states AND the amount in dispute exceeds $75,000

Question 25

How many districts is the nation divided up into for the purposes of district court?

Answer 25

94 districts

Question 26

Define Pleadings

Answer 26

The documents that begin a lawsuit, consisting of a complaint, the answer, and sometimes a reply.

Question 27

Define Complaint

Answer 27

The pleading that starts a lawsuit, this is a short plain statement of the facts alleged by the plaintiff, and his or her legal claims.

Question 28

Define Answer

Answer 28

The defendant's response to the complaint

Question 29

Define Default Judgement

Answer 29

A decision that the plaintiff in a case wins without going to trial

Question 30

Define Class Action

Answer 30

A suit filed by a group of plaintiffs with related claims.

Question 31

Define Deponent

Answer 31

A person being questioned in a deposition

Question 32

What are the most important forms of Discovery?

Answer 32

Interrogatories, Depositions, Product of Documents and Things, Physical and Mental Examination, & E-Discovery

Question 33

Define Motion

Answer 33

A formal request to the court

Question 34

Define Motion to Compel Discovery

Answer 34

Request to the court for an order requiring the other side to answer discovery

Question 35

Define Motion for a Protective Order

Answer 35

When a party asks the judge to limit the amount of depositions requested because the initial request had too many, and would take lots of time and money and be a burden.

Question 36

Define Summary Judgement

Answer 36

A ruling that no trial is necessary because essential facts are not in dispute

Question 37

Define Adversary System

Answer 37

A system based on the assumption that if two sides present their best cases before a neutral party, the truth will be established

Question 38

Define Burden of Proof

Answer 38

The obligation to convince the jury that a party's version of the case is correct

Question 39

Define Preponderance of the Evidence

Answer 39

The standard of proof required for a civil case. It means the plaintiff's version of the facts is slightly more likely than the defendant's version.

Question 40

Define Beyond a Reasonable Doubt

Answer 40

The government's burden in a criminal prosecution

Question 41

Define Direct Examination

Answer 41

When a lawyer asks questions of his or her own witness

Question 42

Define Cross-Examination

Answer 42

A lawyer asks questions of an opposing witness

Question 43

Define Precedent

Answer 43

Earlier Decisions be a court on similar or identical issues, on which subsequent court decisions can be based.

Question 44

Define Affirm

Answer 44

To allow a court decision to stand as is

Question 45

Define Reverse and Remand

Answer 45

To nullify a lower court's decision and return a case to trial.

Question 46

Define Reverse

Answer 46

To rule that the loser in a previous case wins, with no new trial.

Question 47

What are the two major kinds of courts found in both the state court system and the federal court system?

Answer 47

Trial Courts & Appellate Courts

Question 48

What landmark case wad decided about 'minimum contacts' with a state.

Answer 48

International Shoe Co. V State of Washington

Question 49

What are the two types of civil cases permitted in federal court?

Answer 49

Federal Question Cases & | Diversity Cases

Question 50

What are the two kinds of appellate courts at the state level.

Answer 50

State Supreme Court & Appeal Courts

Question 51

What are the two major types of lower state courts?

Answer 51

Trial Courts of General Jurisdiction & Trial Courts of Limited Jurisdiction

Question 52

What are the two state courts that fall under 'Trial Courts of General Jurisdiction'?

Answer 52

General Civil Division & General Criminal Division

Question 53

What are the 6 state courts that fall under 'Trial Courts of Limited Jurisdiction'?

Answer 53

``` Small Claims Division Municipal Division Juvenile Division Probate Division Land Division Domestic Relations Division ```

Question 54

(Possible) Steps in litigation

Answer 54

``` Pleadings Complaint Answer Class Actions Discovery Summary Judgement ```

Question 55

Define Modify

Answer 55

To let a court decision stand, but with changes.

Question 56

Name the steps in Trial - 6

Answer 56

``` Opening Statements Burden of Proof Plaintiff's Case Defendant's Case Closing Argument Verdict ```

Question 57

When do a plaintiff or defendant have a right to demand a jury trial?

Answer 57

When the lawsuit is for money damages.

Question 58

What does it mean to have informal jury deliberations?

Answer 58

All jurors are entitled to voice their opinion.

Question 59

What are the options the court of appeals has?

Answer 59

Affirm, Modify, Reverse and Remand, or Reverse

Question 60

What are interrogatories?

Answer 60

Written questions that the opposing party must answer, in writing, under oath

Question 61

What are depositions?

Answer 61

The change for one party's lawyer to question the other party, or a potential witness, under oath. Lawyers from both parties are present.

Question 62

What is the production of documents and things?

Answer 62

When each side asks the other to produce relevant documents for inspection and copying; to produce physical objects; and for permission to enter on land to make an inspection

Question 63

What is a physical and mental examination?

Answer 63

A party may ask the court to order an examination of the other party, physically or mentally, if it is relevant to the case.

Question 64

What is E-discovery?

Answer 64

When a party asks the opposition to produce electronic documents