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Legal Environment > Test 1 > Flashcards

Test 1 Flashcards

(102 cards)

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1
Q

court

A

body of government organized to administer justice, two court systems (federal, state)

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2
Q

federal (established by article III of the constitution)

A

district court
court of appeals
supreme court
(these courts hear cases that raise a federal question, bankruptcy, copyright, maritime, and diversity of citizenship)

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3
Q

state

A

trial court
intermediate appellate court
supreme court

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4
Q

circuits

A

U.S. is dividing into 13 judicial districts containing several district courts and only one court of appeals per circuit

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5
Q

supremus (latin)

A

the last

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6
Q

supreme

A

superior to all other things

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7
Q

justices

A

4 out of 9 of these supreme court judges confirm if a case is important enough to be heard

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8
Q

writ of certiorari

A

order from a higher court to a lower court to deliver its records to the higher court for review

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9
Q

“cert. den”

A

court decides not to hear an appeal, denies issuing the writ of certiorari by writing abbreviation

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10
Q

state trial courts

A

superior court
circuit court
court of common pleas
(one in each county)

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11
Q

appeal

A

request to a higher court to review the decision of a lower court

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12
Q

intermediate appellate court

A

appeals are taken and heard by a 3 judge panel before being eligible to go to the state supreme court

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13
Q

jurisidiction

A

power of a court to hear a case

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14
Q

original jurisdiction

A

power to hear the case originally (when it first goes to court)

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15
Q

appellate jurisdiction

A

power to hear a case when it’s appealed

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16
Q

exclusive jurisdiction

A

when only one court has the power to hear the case

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17
Q

concurrent jurisdiction

A

when two or more courts have the power to hear a case

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18
Q

forum non conveniens

A

to refuse to hear a case if court believes justice would be better served if the trial were held in a different court

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19
Q

in rem action

A

lawsuit that is directed against property rather than against a particular person

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20
Q

local action

A

action that concerns title to real property

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21
Q

res

A

property

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22
Q

quasi in rem action

A

defendant owns real property in one state and lives in another, the court where the real property is located has jurisdiction over the property only, not the person

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23
Q

in personam action

A

personal action, plaintiff must select a court that has jurisdiction over not only the subject matter but the parties involved in the case.

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24
Q

in personam jurisdiction

A

jurisdiction over the person

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25
long-arm statues
allow one state court to to obtain personam jurisdiction over a person in another state if that person does much business in the state where the court is located
26
plenary jurisdiction
court has complete jurisdiction over the plaintiff, defendant, and subject matter of a case
27
transitory action
action that does not concern land and may be brought in more than one place as long as the court has jurisdiction
28
alternative dispute resolutions
procedures for settling disputes by means other than litigation
29
Rendition
return of fugitives to state in which they are accused by governor of state to which they have fled.
30
inadmissible
(cannot be received) in court.
31
criminal complaint
a written statement of facts making up the offense charged.
32
Preliminary hearing (also called probable cause hearing)
held before judge to determine if there is sufficient evidence to believe suspect committed the crime.
33
indictment
(formal written charge made by grand jury)
34
information
(formal written charge by a public official)
35
Grand jury
jury of up to 23 people who listen to evidence and decide whether or not to charge person with a crime.
36
Arraignment
person charged is called to court to answer indictment or information.
37
Plea bargain
when both sides agree to a mutually agreeable disposition of the case (i.e., guilty plea to lesser offense in exchange for lighter sentence).
38
Consecutive or cumulative sentences
two or more sentences to be served one after the other.
39
Concurrent sentences
two or more sentences to be served at the same time.
40
Suspended sentence
a sentence given formally but not actually served.
41
commutation of sentence
power to change sentences and make less severe
42
Bifurcated trial
divided into two parts, with separate hearings for different issues of lawsuit.
43
Severance of actions
court separates lawsuits or prosecutions into separate, independent cases.
44
Civil action
non-criminal lawsuit (litigation)
45
Class action
a civil action brought, with court’s permission, by one or more persons on behalf of a large group.
46
Ripeness doctrine
court will only hear an actual, present controversy.
47
Justiciable
case must be appropriate for court resolution.
48
Rules of civil procedure
rules of the presiding court (federal or state) govern civil cases.
49
legal issues
(questions of law) involved in case
50
standing to sue
(tangible, legally protected interest at stake in lawsuit)
51
Pleadings
written statements of claims and defenses used to begin and defend a civil suit
52
complaint
``` (plaintiff’s first pleading) is filed with clerk of courts Sets forth plaintiff’s cause of action (grounds for lawsuit) contains allegations (claims plaintiff expects to prove) ad damnum (clause stating plaintiff’s damages) ```
53
petition
(written application for court order)
54
verification
(plaintiff statement confirming truth of pleading)
55
gravamen
Gist of complaint
56
Process
method by which defendant is notified of suit and compelled to appear in court.
57
Summons
formal notice to defendant of lawsuit and time limit to answer or lose by default judgment (court decision against party who fails to plead or defend lawsuit).
58
Constructive service
documents left at defendant’s last and usual place of abode.
59
Substituted service
delivered to defendant’s agent, mailed, or published in a newspaper.
60
counterclaim
a suit filed against the plaintiff – which would require the plaintiff’s written response.
61
Attachment
act of taking a person’s property and bringing it into custody of the law so it can be applied to defendant’s debt if plaintiff wins suit.
62
affidavit
(written statement under oath) stating facts that would warrant a judgment.
63
Ex parte hearing
(attended by one party only) – when plaintiff does not want defendant to have advance notice of attachment.
64
Writ of attachment
written order of court commanding sheriff to attach defendant’s real or personal property.
65
lien, or encumbrance
(a claim against the property).
66
Trust process (or garnishment)
procedure for attachment if property of defendant is being held by another.
67
trustee or garnishee
Writ of garnishment is served on(one holding defendant’s property).
68
preponderance of evidence
(degree of proof that is more probable than not)
69
Writ of execution
process used to enforce a money judgment. Orders sheriff to enforce the judgment.
70
Summary proceeding
short and simple trial, such as those of small-claims court.
71
Demurrer
pleading used to attack plaintiff’s complaint by raising a point of law so that even if plaintiff’s allegations are true, no cause of action exists.
72
Sustains (upholds) the demurrer
Case ends by nonsuit (termination of action without adjudication on the merits) unless court allows plaintiff to amend complaint
73
Overrules (annuls, makes void) demurrer
defendant is given an opportunity to answer
74
Motion
A written or oral request made to the court seeking action to be taken. Any party to a suit can make a motion.
75
Motions to dismiss
seek an order disposing of the case without a trial.
76
Dismissal without prejudice
plaintiff may correct error and bring another action on the same claim.
77
Dismissal with prejudice
plaintiff barred from bringing another action.
78
Motion for a more definite statement
Used when pleading is so vague other party cannot respond to it.
79
Motion to strike
Used by either side to remove from a pleading insufficient defense or any redundant, immaterial, impertinent or scandalous matter.
80
Motion for a judgment on the pleadings
Plaintiff’s complaint does not state a claim on which relief can be granted; or Defendant’s answer does not set forth a legally sufficient defense.
81
Motion for summary judgment
Used when papers filed show lack of genuine issue of fact and that motioning party will win as matter of law.
82
Summary judgment
An immediate decision by the court based on papers filed without a trial.
83
Affirmative defense
some reason that will stop plaintiff from winning case even if defendant has done the act for which they are being sued. Called a confession and avoidance at common law.
84
Reply
plaintiff responds to the counterclaim by filing an answer (reply) to the counterclaim.
85
Counterclaim
when the defendant brings suit against plaintiff.
86
Cross claim
a claim brought by one defendant against another.
87
Cross complaint
pleading sometimes used in place of counterclaim and cross claim.
88
arbitration
method of settling disputes where an arbitrator makes a decision after hearing the arguments on both sides
89
mini-trial
informal trial run by private organization
90
allege or aver
to make an allegation
91
Stipulations
agreements between the parties in a lawsuit.
92
Discovery
the process used by parties to obtain information before trial.
93
Methods of Discovery
``` Bill of particulars Interrogatories Depositions Production of documents and things Permission to enter on land Physical and mental examinations Requests for admission. ```
94
Interrogatories
written questions which may be asked by any party to a suit (plaintiff or defendant).
95
demand for bill of particulars
Requires the plaintiff to provide written statement of particulars of complaint showing amount owed on contract for sale of goods
96
Deposition
testimony taken from a witness under oath not in open court.
97
Subpoena
an order commanding a person to appear and give testimony (also called).
98
Subpoena duces tecum
commands a person to appear and bring pertinent papers or other materials.
99
Production of documents and things
any party may request to inspect and copy, test, or sample documents or tangible things.
100
Permission to enter on land
may be requested by any party for purpose of inspecting, measuring, surveying, photographing, testing, or sampling the property.
101
Physical and mental examination
the court may order examination of a party whose mental or physical condition is in controversy.
102
Requests for admission
request for an admission of truth from another party on relevant matter.

Legal Environment (1 decks)

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