Ch 1 Court Systems and Jurisdiction Flashcards
federal question
involves US Constitution, acts of Congress, or treason
diversity of citizenship
cases between persons from different states, US citizens and a foreign government, and citizens of US and citizen of foreign country
maritime
pertaining to sea (also admiralty)
circuits
judicial districts (13 in US)
justice
Supreme Court judges (nine)
writ of certiorari
order from higher court to lower court to deliver records for review
cert. den.
denial to hear case from Supreme Court
jurisdiction
area of authority to hear a particular case
forum non conveniens
refusal to hear case if it believes justice better served in different court
in rem action
lawsuit against property
quasi in rem action
defendant lives in different state than property; court in land state has jurisdiction over property but not owner
in personam action
jurisdiction over parties and subject matter
long-arm statutes
allow court’s jurisdiction to reach another state
plenary jurisdiction
court has jurisdiction over plaintiff, defendant, and subject matter
transitory action
does not involve land
venue
location of trial
change of venue
move trial once it begins
change in venue
change before trial begins
alternative dispute resolution (ADR)
alternative processes for settling legal disputes by means other than litigation
negotiation
two-party process without neutral 3rd party
mediation
(also conciliation) informal process with neutral third party (mediator) making decision
caucus
in mediation, when mediator meets with parties individually
arbitration
setting disputes with neutral third party, parties must contractually agree
mini-trial
private organization settles disputes in informal trial
