Chapter 3

Question 1

What is a trial court

Answer 1

A court in which most civil or criminal cases start when they first enter the legal system. Trial courts are referred to as courts of common pleas or county courts in state court systems and as district courts in the federal system. Also called court of original jurisdiction and court of the first instance.

Question 2

What is appellate Court?

Answer 2

A higher court, usually consisting of more than one judge, that reviews the decision and results of a lower court (either a trial court or a lower-level appellate court) when a losing party files for an appeal.

Question 3

Do appellate courts hold trials?

Answer 3

No.

Question 4

What is a question of law?

Answer 4

an issue concerning the interpretation or application of a law.

Question 5

What is a question of fact?

Answer 5

a question about an event or characteristic in a case.

Question 6

What is in personam Jurisdiction?

Answer 6

The power of a court to require a party or witness to come before the court.

Question 7

What is the jurisdiction of in pesronam?

Answer 7

The states boarders

Question 8

What must a court have to enforce in personam jursidiction?

Answer 8

the court must have personal jurisidction ot enforce its judgements or orders against another party.

Question 9

What is a complaint?

Answer 9

a formal written document that begins in a civil lawsuit. Contains plaintiffs list of allegations and damages the plantiff is seeking.

Question 10

What is a summons?

Answer 10

a legal document that notifies defendant of lawsuit and how to respond to complaint.

Question 11

What is service of the process?

Answer 11

procedure by which a court presents documents to defendants.

Question 12

What is a long arm statue?

Answer 12

a statue that enables court to obtain jurisidicton against an out of state defendant as long as they have significant minimum contacts.

Question 13

What is in rem jurisidition?

Answer 13

The power of a court over the property or status of an out-of-state defendant when that property or status is within the court’s jurisdiction area.

Question 14

What is subject matter jurisdiction?

Answer 14

The power of a court over the type of case presented to it.

Question 15

What is exclusive federal jurisdiction?

Answer 15

Federal court system has exclusive jurisdiction over very few cases such as bakruptcy and federal criminal prosections.

Question 16

What is state jursidiciton?

Answer 16

The state court has a broad range of jurisdiciton state courts have the rights to here all cases not under exclusive federal jurisdiction.

Question 17

What is concurrent federal jurisdiction?

Answer 17

concurrent federal jurisidction means that both state and federal courts have jurisdiction over a case.

Question 18

What are the two conditions that a citizenship case must satistfy?

Answer 18

1. the plantify does not reside in the same state as the defendants.
2. The contovery concerns amount in excess of $75,000

Question 19

What is venue?

Answer 19

determines which trial court in the system will hear the case.

Question 20

What is standing?

Answer 20

The legal right of a party or individual to bring a lawsuit by demonstrating to the court sufficent evidence of harm or damage. Otherwise the lawsuit will be thrown out because they lack standing

Question 21

What is case or controversy?

Answer 21

A term used in the U.S. Constitution to describe the structure and requirements of conflicting claims of individuals that can be brought before a federal court for resolution.

Question 22

What is ripeness?

Answer 22

the readiness of a case for a decision to be made. The goal is to prevent premature litigation for a dispute that is insufficiently developed.

Question 23

What is default judgement?

Answer 23

Judgement for the plaintiff that occurs when the defendant fails to respond to claim.

Question 24

What is asnwer?

Answer 24

the response of the defendant to plaintiff’s claims.

Question 25

What is motion to dismiss?

Answer 25

A request by the defendant that asks a judge or a court in a civil case to dismiss the case because even if all the allegations are true, the plaintiff is not entitled to any legal relief. Also called demurrer.

Question 26

What is a motion?

Answer 26

an appliction by a party to a judge rquesting an order in favor of applicant.

Question 27

What is a counterclaim?

Answer 27

a claim made by the defendat agaisnt the plaintiff that is filed along with the defendant's answer.

Question 28

What is a reply?

Answer 28

a response by the plaintiff to the defendants counter claim.

Question 29

what is a motion for judgement on the pleadings?

Answer 29

In a civil case, a request made by either party, after pleadings have been entered, that asks a judge or a court to issue a judgment.

Question 30

What is discovery?

Answer 30

The pretrial phase in a lawsuit during which each party requests relevant documents and other evidence from the other side

Question 31

What is interrogatories?

Answer 31

A formal set of written questions that one party to a lawsuit asks the opposing party as part of the pretrial discovery process in order to clarify matters of evidence and help determine in advance what facts will be presented at any trial in the case.

Question 32

what is a request to produce documents?

Answer 32

In a lawsuit, the right of a party to examine and copy papers of the opposing party that are relevant to the case. A legal request may be made, and the categories of the documents must be stated to allow the other party to know what documents he or she must produce.

Question 33

What is a dposition?

Answer 33

A pretrial sworn and recorded testimony of a witness that is acquired out of court with no judge present.

Question 34

What is a motion for summary judgement?

Answer 34

In a civil case, a request made by either party that asks a judge or a court to promptly and expeditiously dispose of a case without a trial.

Question 35

What is a pretrial conference?

Answer 35

In a civil case, a request made by either party that asks a judge or a court to promptly and expeditiously dispose of a case without a trial.

Question 36

What is a voir dire?

Answer 36

The process of questioning potential jurors to ensure that the jury will be made up of unbiased individuals.

Question 37

What is a peremptory challenge?

Answer 37

In a jury trial, the right of the plaintiff and the defendant in jury selection to reject, without stating a reason, a certain number of potential jurors who appear to have an unfavorable bias.

Question 38

What is a mock trial?

Answer 38

A contrived or imitation trial, with a jury recruited by a jury selection firm, that attorneys sometimes use in preparing for an actual trial to test theories, experiment with arguments, and try to predict the outcome of the real trial.

Question 39

What is a shadow jury?

Answer 39

An unofficial jury, provided by a jury selection firm, that sits in during the actual trial and deliberates at the end of each day to evaluate for the attorneys how each side is doing.

Question 40

What is a directed verdict?

Answer 40

A ruling by the judge, after the plaintiff has put forward his or her case but before any evidence is put forward by the defendant, in favor of the defendant because the plaintiff has failed to present the minimum amount of evidence necessary to establish his or her claim.

Question 41

what is a prejudical error?

Answer 41

an error of law that is so significant it impacts the outcome of the case.

Question 42

what is affirm?

Answer 42

An appellate court decision that accepts a lower court’s judgment in a case that has been appealed.

Question 43

What is modify?

Answer 43

An appellate court decision that grants an alternative remedy in a case; rendered when the court finds that the decision of the lower court was correct but the remedy was not.

Question 44

What is remand?

Answer 44

An appellate court decision that returns a case to the trial court for a new trial or for limited hearing on a specified subject matter; rendered when the court decides that an error was committed that may have affected the outcome of a case.

Question 45

What is a writ of certiorari?

Answer 45

A Supreme Court order, issued after the Court decides to hear an appeal, mandating that the lower court send to the Supreme Court the record of the appealed case.

Question 46

What is negation?

Answer 46

A bargaining process in which disputing parties interact informally to attempt to resolve their dispute. Also, the transfer of the rights to a negotiable instrument from one party to another.

Question 47

what is mediation?

Answer 47

A type of intensive negotiation in which disputing parties select a neutral party to help facilitate communication and suggest ways for the parties to solve their dispute.

Question 48

what is arbitration?

Answer 48

A type of alternative dispute resolution in which disputes are submitted for resolution to private nonofficial persons selected in a manner provided by law or the agreement of the parties.

Question 49

What is binding arbitration clause?

Answer 49

A contract provision mandating that all disputes arising under the contract must be settled by arbitration.

Question 50

What is med-arb?

Answer 50

A type of dispute resolution process in which both parties agree to start out in mediation and, if unsuccessful, to move on to arbitration.

Question 51

What is summary jury trial?

Answer 51

An abbreviated trial that leads to a nonbinding jury verdict.

Question 52

What is mini Trial?

Answer 52

A type of conflict resolution in which lawyers for each side present their arguments to a neutral adviser, who then offers an opinion as to what the verdict would be if the case went to trial. This decision is not binding.

Question 53

What is private trial?

Answer 53

An ADR method is in which a referee is selected and paid by the disputing parties to offer a legally binding judgment in a dispute.