Ch 2

Question 1

a court is a …

Answer 1

a tribunal established by the government to
-hear evidence and decide cases
-provide remedies when a crime has been committed
-prevent possible future wrongs by issuing the equitable remedy of an injunction

Question 2

types of courts

Answer 2

courts hear and decide evidence according to their jurisdiction
subject matter jurisdiction covers types of proceedings a court may hear
-original jurisdiction conducts ‘first findings’ in a case
-general jurisdiction: broad authority to hear and try a case
-limited or special jurisdiction: deal with cases of a specific subject matter
-appellate jurisdiction: review the findings of lower courts
–on appeal, the court can affirm, reverse, or remand for further proceedings

Question 3

The court system

Answer 3

FEDERAL court systems
-federal district courts
–general trial courts of original jurisdiction for civil criminal matter
-US courts of appeals
–appellate courts consist of 13 districts
–most decisions are reviewed by panels of 3 judges
–some decisions are reviews en banc, by the full panel
-US Supreme Court
–the only court created by the US constitution
–final authority on federal and state cases

STATE COURT SYSTEMS
-General trial courts: courts of original jurisdiction for civil and criminal courts. may be called superior, circuit, district, or county courts
-Specialty courts: courts of limited jurisdiction
-state appellate courts: intermediate level appellate courts
-state supreme courts
–highest state appellate court in most states
–decisions are final, unless the US supreme court accepts review because a federal law or the US constitution is involved

Question 4

Court Procedure

Answer 4

plaintiff: initiates the court proceeding
defendant: party against whom the proceeding is brought
judge: the primary officer of the court, manages the case
jury: citizens sworn to reach a verdict
attorney-client privilege: confidentiality between counsel and client

Question 5

Court Procedure

Answer 5

initial steps in a lawsuit
-commencement of a lawsuit: filing a complaint
-service of process
-the defendant’s response and pleadings
the defendant is required to answer
may deny the allegations, file a motion to dismiss
-discovery: each side discloses potential witnesses and information relevant to the case
deposition: the out of court testimony of a witness, taken under oath
interrogatories: written questions
requests for production of documents
-motion for summary judgement: when no material facts are in dispute, the judge may decide the case solely on the law
-designation of expert witnesses

Question 6

Court procedure - the trial

Answer 6

selecting a jury
opening statements
presentation of evidence
-judge determines admissibility
-attorney conducts direct examination of its own witnesses, cross-examination of opposing witnesses
motion for a directed verdict
closing arguments or summation
motion for mistrial: based upon misconduct or when jurors cannot reach a verdict
jury instructions and verdict
motion for new trial: if verdict is clearly wrong as a matter of law

Question 7

court procedure - post-trial procedure

Answer 7

recovery of costs/attorney fees: generally the prevailing party awarded costs
execution of judgement: seizure and sale of the losing party’s assets by sheriff. can also include garnishment

Question 8

Alternative dispute resolution (ADR) - Arbitration

Answer 8

arbitration
-neutral parties hear evidence and determine a binding resolution
-uniform arbitration act: parties to a contract may agree in advance that disputes will be resolved via arbitration
-federal arbitration act: arbitration clauses pertaining to interstate commerce are valid, irrevocable, and enforceable
-mandatory arbitration is required in some states
-finality of arbitration
-most arbitration clauses provide that the decision will be final
-if arbitration is mandatory by statute, the losing party is generally allowed to appeal to court

Question 9

Alternative Dispute Resolution (ADR) - meditation

Answer 9

a neutral party acts as a go-between between the parties
the mediator may suggest a resolution but does not have the power to make binding decisions

Question 10

Alternative Dispute Resolution (ADR) - MedArb

Answer 10

newer form of ADR, where the arbitrator acts as mediator on unresolved issues

Question 11

Alternative Dispute Resolution (ADR) - contract provisions

Answer 11

the parties’ contract may allow for ADR to resolve future disputes
other provisions may include waiting periods before a lawsuit can be filed and obligations to continue performing while the dispute is resolved