B Chapter 3 Flashcards
Jurisdiction
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
Personal Jurisdiction
A dispute involving the particular parties before it.
TLDR: Over you
Subject Matter Jurisdiction
The particular dispute/issue before it.
Original Jurisdiction
The dispute in the first instance
Appellate Jurisdiction
A review of a prior decision in the same case by another, usually lower court.
TLDR: Appeal
Long Arm Jurisdiction
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
Long Arm Jurisdiction in Business
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.
In Rem Jurisdiction
The issue involves property in a state
TLDR: Fighting over land
Quasi in rem jurisdiction
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
What are the 2 types of Federal Jurisdictions
Federal Question
Diversity of Citizenship
Federal Question
US Consitution
Act of Congress
Treaty
Diversity of Citizenship
Different state parties and over $75k
Exclusive Jurisdiction
A case can only be heard in a particular court or type of court Ex. bankruptcy
TLDR: One court handles something
Concurrent Jurisdiction
Different courts having the power to hear a case
TLDR: Court can do many things
Venue
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.
What is Change of Venue
One can seek a change of venue where one can show possible bias or for strategic purposes Ex. OJ case
Standing to Sue
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
State Court System
Involves all state trial and appellate courts, specialized state courts, and administrative agencies etc. Ultimately subject to the Supreme Court if gets that far.
Federal Court System
US District Courts and Courts of Appeals and the Supreme Court.
Federal Court Circuits for NY
2, as in the numbers N Y
Federal Court Circuits for California
9, HOLLYWOOD
Federal Court Circuits for Illinois
7
Federal Court Circuits for Texas
5, Ranger Star 5 points
Federal Court Circuits for Florida
11, Old people holding 11 oranges
Federal Court Circuits for Pennsylvania
3, Hershey Bars
Pleadings
Statements by the plaintiff and defendant that details the facts, charges, and defenses of a case.
Complaint
Made by plaintiff and alleging wrong by defendant; this starts action
Summons
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!
Default Judgement
Judgment entered vs. defendant who fails to appear
Answer
Defendant’s response to plaintiff’s complaint
Counterclaim
Defendant makes claim back against plaintiff
Reply
Plaintiff’s response to defendant’s answer
To Dismiss
Defendant says facts true but no cause or remedy in law
Judgment on Pleadings
No facts in dispute and just judge on pleadings; trial not needed
Summary Judgement
no facts in dispute and can judge on evidence outside pleadings
Directed Verdict
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
Judgment NOV (Notwithstanding Verdict)
Request that the court grants judgment for motion maker because the jury’s verdict against maker was wrong.
New Trial
Trial very flawed due to error, new evidence, prejudice, etc and a new trial is needed for the sake of justice.
Discovery
Obtaining evidence from other party before trial
Deposition
Under oath testimony
Interrogatory
Written questions signed under oath
What is EBT
Examination Before Trial. above stuff plus more
Appeals
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:
- Affirm
- Reverse
- Remand
- Reverse in part and/or Remand in part
Affirm
The lower decision was right
Reverse
The lower decision should be overturned
Remand
Sent back for further proceedings
Reverse in part and/or Remand in part
Do 2 or 3 for part of the ruling of Appeals
Voir Dire
Jury Selection. 2 Lawyers select losers (jurors)
Jury Selection (Voir Dire)
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
Peremptory
Lawyer removes a possible juror without having to give a reason ( limited number )
For Cause
Lawyer removes a possible juror for good reason ( bias etc) ( unlimited )
What are ADR and the types
Alternative Dispute Resolution.
Litigation Negotiation Mediation Arbitration SJT (Summary Jury Trial) ODR (Online Dispute Resolution)
TLDR: Trial is expensive
Litigation
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.
Negotiation
Parties meet informally with or without lawyers to try to reach a resolution.
Mediation
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….
Arbitration
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
SJT
Summary Jury Trial
Non-binding jury verdict which guides parties
TLDR: Mock Trial. Judgment trial make the jury believe.
ODR
Online Dispute Resolution
Internet dispute resolution organizations help resolve dispute.
