Review 1 Section 2

Question 1

Jurisdiction (types of and how to determine)

Answer 1

Original Jurisdiction: The power to hear and decide cases when they first enter the legal system
Appellate Jurisdiction: The power to review previous judicial decisions to determine whether trial courts erred in their decisions
In Personam Jurisdiction: The power to render a decision affecting the rights of the specific persons before the court
Subject-matter jurisdiction: The power to hear certain kinds of cases

Question 2

Choice of Law

Answer 2

Is a set of rules used to select which jurisdiction’s laws to apply in a lawsuit. In these lawsuits, the courts are often confronted with the question of which jurisdiction’s laws should apply.

Question 3

Diversity of Citizenship

Answer 3

Diversity of citizenship refers to cases where opposing parties involved in a lawsuit are citizens of different states or countries.

Question 4

Federal vs State Court Jurisdiction

Answer 4

Federal Court System: The US Supreme Court, Intermediate courts of appeal, Federal trial courts.
State Courts System: State Supreme Courts, Intermediate Courts of Appeal, State Trial Courts

Question 5

Threshold requirements to sue

Answer 5

Requirements that must be met for someone to sue another person. The suing party must have suffered an injury because of another’s action that is personal to the plaintiff.

Question 6

Civil Court Processes (how to take a civil case through the court system)

Answer 6

The pretrial stage: Informal Negotiations, Pleadings, Service of Process, Defendant’s Response, Pretrial Motions, Discovery, Pretrial Conference
The trial: Jury Selection, Opening Statements, Examination of Witnesses and Presentation of Evidence, Closing Arguments, Jury Instructions
Post-trial Motions: Motion for Judgment in Accordance With Verdict, Motion for Judgment Notwithstanding Verdict, Motion for New Trial