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pyramiding crude oil in angola > B Chapter 3 > Flashcards

B Chapter 3 Flashcards

1
Q

Jurisdiction

A

The authority of a court to hear and decide a specific action. It has many dimensions, including the authority of a court to hear and decide.

TLDR: Authority over something

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2
Q

Personal Jurisdiction

A

A dispute involving the particular parties before it.

TLDR: Over you

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3
Q

Subject Matter Jurisdiction

A

The particular dispute/issue before it.

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4
Q

Original Jurisdiction

A

The dispute in the first instance

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5
Q

Appellate Jurisdiction

A

A review of a prior decision in the same case by another, usually lower court.

TLDR: Appeal

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6
Q

Long Arm Jurisdiction

A

The ability of a court to reach out to out of state or country defendants. This is usually based on the extent of the defendant contact within the state, whether or not the issue arose within the state, the overall amount of involvement with the state, the fore-seeability of being subject to such jurisdiction, and whether or not the defendant had minimal contacts with the state.

TLDR: Overextend

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7
Q

Long Arm Jurisdiction in Business

A

For businesses, one asks if they have been “doing business” within the state. Internet exposure has been used by many to show this, but others call for a balance/ sliding scale view where we look at all other contacts as well since they feel that just internet is not a fair way to judge this.

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8
Q

In Rem Jurisdiction

A

The issue involves property in a state

TLDR: Fighting over land

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9
Q

Quasi in rem jurisdiction

A

In state, property is used to satisfy a judgment or award against the defendant owning that property.

TLDR: Use property to get money in NY

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10
Q

What are the 2 types of Federal Jurisdictions

A

Federal Question

Diversity of Citizenship

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11
Q

Federal Question

A

US Consitution
Act of Congress
Treaty

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12
Q

Diversity of Citizenship

A

Different state parties and over $75k

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13
Q

Exclusive Jurisdiction

A

A case can only be heard in a particular court or type of court Ex. bankruptcy

TLDR: One court handles something

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14
Q

Concurrent Jurisdiction

A

Different courts having the power to hear a case

TLDR: Court can do many things

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15
Q

Venue

A

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

TLDR: Jury must be neutral, depends on geography.

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16
Q

What is Change of Venue

A

One can seek a change of venue where one can show possible bias or for strategic purposes Ex. OJ case

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17
Q

Standing to Sue

A

The legal requirement that one must a sufficient stake in a controversy before bringing a lawsuit. Ex: Man sues vs a law he says discriminates against women….court rules he has no standing.

TLDR: Must have a stake

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18
Q

State Court System

A

Involves all state trial and appellate courts, specialized state courts, and administrative agencies etc. Ultimately subject to the Supreme Court if gets that far.

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19
Q

Federal Court System

A

US District Courts and Courts of Appeals and the Supreme Court.

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20
Q

Federal Court Circuits for NY

A

2, as in the numbers N Y

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21
Q

Federal Court Circuits for California

A

9, HOLLYWOOD

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22
Q

Federal Court Circuits for Illinois

A

7

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23
Q

Federal Court Circuits for Texas

A

5, Ranger Star 5 points

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24
Q

Federal Court Circuits for Florida

A

11, Old people holding 11 oranges

25
Q

Federal Court Circuits for Pennsylvania

A

3, Hershey Bars

26
Q

Pleadings

A

Statements by the plaintiff and defendant that details the facts, charges, and defenses of a case.

27
Q

Complaint

A

Made by plaintiff and alleging wrong by defendant; this starts action

28
Q

Summons

A

Informs defendant that action has been started against him and that he must appear to answer to plaintiff’s complaint or lose by default. ( usually goes with complaint ).

TLDR: YOU HAVE BEEN SUMMONED!

29
Q

Default Judgement

A

Judgment entered vs. defendant who fails to appear

30
Q

Answer

A

Defendant’s response to plaintiff’s complaint

31
Q

Counterclaim

A

Defendant makes claim back against plaintiff

32
Q

Reply

A

Plaintiff’s response to defendant’s answer

33
Q

To Dismiss

A

Defendant says facts true but no cause or remedy in law

34
Q

Judgment on Pleadings

A

No facts in dispute and just judge on pleadings; trial not needed

35
Q

Summary Judgement

A

no facts in dispute and can judge on evidence outside pleadings

36
Q

Directed Verdict

A

Request for the judge to make a decision, not the jury and in favor of motion maker because another side has failed to produce sufficient evidence to support his claim

37
Q

Judgment NOV (Notwithstanding Verdict)

A

Request that the court grants judgment for motion maker because the jury’s verdict against maker was wrong.

38
Q

New Trial

A

Trial very flawed due to error, new evidence, prejudice, etc and a new trial is needed for the sake of justice.

39
Q

Discovery

A

Obtaining evidence from other party before trial

40
Q

Deposition

A

Under oath testimony

41
Q

Interrogatory

A

Written questions signed under oath

42
Q

What is EBT

A

Examination Before Trial. above stuff plus more

43
Q

Appeals

A

This is when a party loses and seeks to change things from the trial court decision

Appellant files an appeal with a brief and appellate court can:

  1. Affirm
  2. Reverse
  3. Remand
  4. Reverse in part and/or Remand in part
44
Q

Affirm

A

The lower decision was right

45
Q

Reverse

A

The lower decision should be overturned

46
Q

Remand

A

Sent back for further proceedings

47
Q

Reverse in part and/or Remand in part

A

Do 2 or 3 for part of the ruling of Appeals

48
Q

Voir Dire

A

Jury Selection. 2 Lawyers select losers (jurors)

49
Q

Jury Selection (Voir Dire)

A

The process of selecting a jury. This is like a poker game between opposing counsel based on strategy etc. The goal is to get the most favorable jury for one’s client possible. Two kinds of challenges involved

Peremptory
For Cause

50
Q

Peremptory

A

Lawyer removes a possible juror without having to give a reason ( limited number )

51
Q

For Cause

A

Lawyer removes a possible juror for good reason ( bias etc) ( unlimited )

52
Q

What are ADR and the types

A

Alternative Dispute Resolution.

Litigation
Negotiation
Mediation
Arbitration
SJT (Summary Jury Trial)
ODR (Online Dispute Resolution)

TLDR: Trial is expensive

53
Q

Litigation

A

The process of resolving a dispute through the court system. This can be $$$ and take time, so many parties seek other options, such as this.

54
Q

Negotiation

A

Parties meet informally with or without lawyers to try to reach a resolution.

55
Q

Mediation

A

Parties meet with neutral third party who helps them find a mutually acceptable resolution and solution to their dispute or issue. ( Ex. Divorce mediation ) This often involves compromise A 60 B 20…decision could be 60, 20, 40 etc….

56
Q

Arbitration

A

Parties present their case to an arbitrator who renders a binding or non-binding decision. ( This may be included in a contract as part of the deal ( Arbitration Clause)…often seen in business and sports dealings ). This does not usually involve compromise… A 60 B 20 Decision will either be 60 or 20

57
Q

SJT

A

Summary Jury Trial

Non-binding jury verdict which guides parties

TLDR: Mock Trial. Judgment trial make the jury believe.

58
Q

ODR

A

Online Dispute Resolution

Internet dispute resolution organizations help resolve dispute.

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