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Flashcards in Chapter Three Deck (79):
1

A court needs jurisdiction over

Person Jurisdiction or In Rem Jurisdiction and Subject Matter Jurisdiction

2

Personal jursidiction

Jurisdiction over the people

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In Rem Jurisdiction

Jurisdiction over property involved in the case

4

Subject Matter Jurisdiction 

Jurisdiction over the subject matter of the dispute

5

Long Arm Statutes

A state law that allows a state court ot reach beyond the states' boundaries to obtain personal jursidction over an out-of-state defendant.

6

Jurisdiction of federal courts

-Federal question cases

-Diversity of citizenship cases

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Federal Question Cases

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

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Diversity of Citizenship cases

-When a plantiff and the defendent are citizens of two different states

AND

-The amount in dispute is greater than $75,000

9

Concurrent Jurisdiction

means that either a state court or federal court has jurisdiction over a case

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Exclusive Jurisdiction

When a case can be filed/heard only in one court or the other (ie state or federal court)

11

In order to filed a lawsuit, the plantiff must have

-Standing to sue

-Justiciable Controversey

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Standing to sue

a sufficient stake in the matter to justify seekin relief through court system

13

Justiciable Controversy

A controversy that is real and substantial as opposed to hypothetical or academic

14

the pleadings

-summon and complaint -motion to dismiss - answer - counter-claim - reply

15

Purposes of Discovery 

1. Preserve evidence

2. limit element of suprise

3. narrows issues for trial

4. impeach witness at trial

16

Use of pretrial conference to simplify issues and plan course of the trial

-usually attorneys and judge attend

-judges often encourage settlement

17

Cross Examination

Examing other sides witness

18

Motion for a directed Verdict

  • After Plaintiff's case
  • Either side may ask for this verdict
  • You have heard enough 
  • Exceedingly Rare

19

What if you Don't Like the verdict?

  • Party asks the court for a judgement notwithstanding the verdict (judgement n.o.v.)
  • Exceedingly rare

20

Jury instructions

  • The judge explains the law which is relevant to the case
  • Both sides usually submit their "versions" of the relevant law to the judge

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where is iowa in court of appeal

8th circuit

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Marybury v. Madison case president

John Adams

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Venue

means the appropriate location for a trial

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Venue case

Casey Anthony

25

Venue Criminal Trials

Criminal trials frequently have venue changes due to "Pretrial publicity" that interfers with thte defendants right to an "impartial jury"

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Venue refers to which court you are in

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Venue in criminal case

normally where the crime occured

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The US Supreme court reviews cases from

  • US District courts
  • US courts of appeals
  • Hightest courts of the state

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Pleadings

Statements made by the plantiff and the defendant in a lawsuit that detail the facts, charges, and defenses involved in the ligation. The complaint and answer are part of the pleadings

30

Summons 

A document infroming a defendant that a legal action has been commenced against her or him and that the defendant must appear in court on a certain date to answer the plantiff's complaint

31

Complaint 

The pleading made by the plantiff alleging wrong doing on the part of of the defendant; the document that, when filed with a court, initiates a lawsuit

32

Anwser

Procedurally, a defendant's response to plantiff's complaint

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Anwser can lead to 

Default Judgement

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Default Judgement

A judgement entered by a court against a defendant who has failed to appear in court to answer or defend against the plaintiff

35

Counter claim

A claim made by a defendant in a civil lawsuit against the plaintiff. In effect, the defendant is suing the plantiff.

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Reply

Procedurally, a plantiff's response to a defendant's anwser

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Trial of Progressions of civil actions Start

starts with Complaint filed

38

Trial of progressions of civil actions: Complaint filed

before anwser filed

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trial progressions of civil actions: Anwser Filed

after Complaint filed.

before discovery proceedings 

40

Trial progression of civil actions: Discovery proceedings

after anwser filed.

before motions filed relating to discovery matters

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trial progressions of civil actions: motions filed relating to discovery matters

after discovery proceedings

before pretrial proceedings

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trial progression of civil actions: pretrial proceedings

after motions filed relating to discovery matters

before trial by judge or jury

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trial progression of civil actions: trial by judge or jury

after pretrial proceedings

before termination by judge or jury verdict 

44

Trial progressions of civil actions: termination by judge or jury verdict

after trial by judge or jury

45

Judicial review

the process by which a court decides on the constitutionality of legislative enactments and actions of the executive branch

46

Jurisdiction

the authority of a court to hear and decide a specific case

47

long arm statute definition

A state state that permits a state to obtain personal jurisdiction over nonresident defendants. A defendant must have certain "minimum contacts" with that state for the statute to apply. 

48

Probate Court

a state court of limited jurisdiction that conducts proceedings relating to the settlement of a deceased person's estate

49

Bankruptcy court

a federal court of limited jurisdiction that handles only bankruptcy proceedings, which are governed by federal bankruptcy law

50

Federal question defintion

a question that pertains to the US constitution, acts of congress, or treaties. A federal question provides a basis for federal jurisdiction

51

diversity of citizenship definition

under article III, section 2, of the US constitution, a basis for federal district court jurisdiction over a lawsuit between 1) citizens of different state 2) a foreign country and citizens of a state or different states 3) citizens of a state and citizens or subjects of a foreign country. The amount in controversy must be more than 75,000 before a federal district court can take jurisdiction in such cases.

52

Concurrent Jurisdiction definition 

jurisdiction that exists when two different courts have the power to hear a case. For example, some cases can be heard in a federal or state court

53

Exclusive jurisdiction

jurisdiction that exists when a case can be heard only in a particular court or type of court

54

Venue definition

the geographic district in which a legal action is tried and from which the jury is selected 

55

standing to sue definition

the requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit. the plaintiff must demonstrate that he or she has been either injured or threatened with injury

56

justiciable controversy definition 

A controversy that is not hypothetical or academic but real and substantial; a requirement that must be satisfied before a court will hear a case.

57

writ of certiorari defintion

a writ from a higher court asking a lower court for the record of a case

58

rule of four

a rule the united states supreme court under which the court will not issue a writ of certiorari unless at least four justices approve of the decision to issue the writ

59

Litigation

the process of resolving a dispute through the court system

60

motion to dismiss

a pleading in which a defendant asserts that the plaintiff's claim fails to state a cause of action (that is, has no basis in law) or that there are other grounds on which the suit should be dismissed. Although the defendant normally is the party requesting a dismissal, either the plaintiff or the court can also make a motion to dismiss the case. 

61

motion for judgement on pleadings

a motion by either party to a lawsuit at the close of the pleadings requesting the court to decide the issue solely on the pleadings without proceeding to trial. the motion will be granted only if no facts are in dispute

62

motion for summary judgement 

a motion requesting the court to enter a judgement without proceeding to trial. the motion can be based on evidence outside the pleadings and will be granted only if no facts are in dispute

63

discovery

A phase in the litigation process during which the opposing parties may obtain information from each other and from third parties prior to trial

64

deposition

the testimony of a party to a lawsuit or a witness taken under oath before a trial 

65

interrogatories

a series of written questions for which written answers are prepared by a party to a lawsuit, usually with the assistance of the party's attorney, and then signed under oath

66

E-Evidence

evidence that consist of computer-generated or electronically recorded information, including e-mail voice mail, spreadsheets, document preparation systems, and other data. 

67

Voir dire

an old french phrase meaning "to speak the truth" in legal language, the process in which the attorneys question prospective jurors to learn about their backgrounds, attitudes, biases, and other characteristics that may effect their ability to serve as impartial jurors. 

68

motion for a directed verdict

in a jury trial, a motion for the judge to take the decision out of the hands of the jury and to direct a verdict for the party who filed the motion on the ground that the other party has not produced sufficient evidence to support her or his claim

69

Award

in litigation, the amount of monetary compensation awarded to the plaintiff in a civil lawsuit as damages. In the context of alternative dispute resolution, the decision rendered by an arbitrator

70

Motion for judgment N.O.V.

a motion requesting the court to grant judgement in favor of the party making the motion on the ground that the jury's verdict against him or her was unreasonable and erroneous

71

motion for a new trial 

a motion asserting that the trial was so fundamentally flawed (because of error, newly discovered evidence, prejudice, or another reason) that a new trial is necessary to prevent a miscarriage of justice

72

brief

a formal legal document prepared by a party's attorney for the appellant or the appellee (in answer to the appellant's brief) and submitted to an appellate court when a case is appealed. The appellant's brief outlines the facts and issues of the case, the judge's ruling or jury's findings that should be reversed or modified, the applicable law, and the arguments on the client's behalf. 

73

docket

the list of cases entered on court's calendar and thus scheduled to be heard by the court

74

Alternative Dispute resolution (ADR)

the resolution of disputes in ways other than those involved in the traditional judicial process. Negotiation, mediation, and arbitration are forms of ADR

75

Negotiation

a process in which parties attempt to settle their dispute informally, with or without attorneys to represent them. 

76

mediation

a method of settling disputes outside the courts by using the services of a neutral third party, who acts as a communicating, agent between the parties and assists them in negotiating a settlement. 

77

arbitration

the settling of a dispute by submitting it to a disinterested third party (other than a court) who renders a decision that is (most often) legally binding

78

arbitration clause 

a clause in a contract that provides that, in the event of dispute, the parties will submit the dispute to arbitration rather than litigate the dispute in court. 

79

Online dispute resolution (ODR)

the resolution of disputes with the assistance of organizations that offer dispute-resolution services via the internet.