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Ch 3 Flashcards

0
Q

What is judicial review?

A

Judicial branch can decide if the laws or actions of other two branches are constitutional
The process by which a court decides the constitutionality of legislative enactments and actions of the executive branch

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1
Q

What is the role of judicial system?

A

Interpret and apply the laws

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2
Q

What is jurisdiction?

A

The authority of a court to hear and decide a case

Must have authority of people or property involved and subject matter

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3
Q

How does a court have jurisdiction over person or property?

A

Personal jurisdiction

Authority over everything inside of its boundaries

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4
Q

What is in rem jurisdiction?

A

Jurisdiction over property within its borders

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5
Q

What is long arm statues?

A

State statue that permits a state to exercise jurisdiction over nonresidential defendants

Must have had at least minimum contacts

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6
Q

What area has jurisdiction over a coperation?

A

The state it is incorporated in, has its principle offices, and is doing business

Minimum contact if good is sold

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7
Q

What is an example of a court of general jurisdiction?

A

State trail court or federal district court

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8
Q

What are examples of courts with limited jurisdiction?

A

Probate court and bankruptcy court

Handle only certain matters

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9
Q

What is probate court?

A

State court of limited jurisdiction that conducts proceedings relating to the settlement of a deceased person’s estate

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10
Q

What is a bankruptcy court?

A

A federal court of limited jurisdiction that handles only bankruptcy proceedings, which are governed by federal bankruptcy law

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11
Q

What can limit the jurisdiction?

A

Subject of lawsuit
Amount in controversy
Felony or misdemeanor
Trial or appeal

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12
Q

What is the difference between original and appellate jurisdiction?

A

Original is where the case is ending heard for the first time, district courts/ trial court
Appellate deal with appeals

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13
Q

When do federal courts have jurisdiction?

A

Federal questions and diversity of citizenship

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14
Q

What are federal questions?

A

A question that pertains to the U.S. Constitution, an act of congress, or a treaty and provides a basis for federal jurisdiction in a case

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15
Q

What is diversity of citizenship?

A

A basis for federal court jurisdiction over a lawsuit between citizens of different states and counties

2 requirements
Plaintiff and defendant are residents of different states
Dollar amount exceed 75,000

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16
Q

What is concurrent jurisdiction?

A

Jurisdiction when two separate courts have power to hear a case
Ex) diversity of citizenship

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17
Q

What is exclusive jurisdiction?

A

Jurisdiction that exists when a case can only be heard in a particular court or type of court

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18
Q

What are some things that federal courts have exclusive jurisdiction over?

A 
Cases of federal crimes
Federal antitrust law
Bankruptcy 
Patents
Copyrights
Trademarks
Suits against US
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19
Q

What are some things that states have exclusive jurisdiction over?

A

Divorce

Adoption

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20
Q

What is the sliding-scale standard?

A

Used to determine if jurisdiction over out of state defendant is needed
3 internet based contacts
Substantial business conducted over the internet
Some interactivity through a website
Passive advertising, ppl volunteer to read information

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21
Q

What is true of Internet business and international jurisdiction?

A

They must comply with laws in any jurisdiction where they target costumers

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22
Q

What is venue?

A

Most appropriate physical location for a trial

Geographic district in which a legal action is tried and from which the jury is selected

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23
Q

Where is the venue in a civil case typically?

A

Where the defendant resides

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24
Where is the venue of a criminal case?
Where the crime is committed
25
When might the trial be moved?
When it occurs in a location where the defendant's right to a fair trial may be impaired
26
What is a standing to sue?
Legal requirement that an individual must have sufficient stake in a controversy before he or she can bring a lawsuit Guardian may take this for a minor
27
What is a justiciable controversy?
A controversy that is not hypothetical or academic but real and substantial
28
How many court systems are there?
52 | One for every state, DC and federal
29
What is true of the state court system?
``` Include Trial courts of limited jurisdiction Trial courts of general jurisdiction Appellate courts State Supreme Court ``` Judges are either appointed or elected and terms vary
30
What are some courts of limited jurisdiction called?
Special inferior trial courts | Minor judiciary courts
31
What is a small claims court?
A special court in which parties can litigate small claims without and attorney
32
What do appellate courts do?
They reviewed dats from the trial, records of it, and determine if an error was made
33
What is a question of fact?
Deals with disputed facts in a lawsuit, not what the law is
34
What is a question of law?
The application of interpretation of a law | Only a judge can rule on this, not jury
35
What do appellate courts primarily deal with?
Questions of law
36
When can a ruling but he state Supreme Court be overruled by the Supreme Court?
When it is an issue of federal law
37
How is the federal court system conducted?
U.S. District courts and various courts of limited jurisdiction U.S. Courts of appeals United States Supreme Court
38
How do we get federal judges?
Appointed by the president and confirmed by U.S. senate | Lifetime appointment
39
What is true of the U.S. District courts?
Equivalent of a state trial court of general jurisdiction 94 Limited jurisdiction ones include bankruptcy courts
40
What is the U.S. Court of appeals?
13 | 12 correspond with specific areas, the 13th deals with special cases like when government is the defendant
41
What is true of the untied states Supreme Court?
Highest level 9 judges Appeal court Person must show a writ of certiorari
42
What is a writ of certiorari?
A writ from a higher court asking a lower court for the record to a case
43
What is the rule of four?
Court will not issue a writ unless at least 4 justices approve
44
What are petitions granted by the court?
They involve important constitutional issues or conflicting decisions by lowering courts They do not have to explain why
45
What is a litigation?
The process of resolving a dispute through the court system
46
What is procedural law?
What determines the standards for set worming disputes in courts
47
What are the pleadings?
Statements by plaintiff and defendant that detail facts, charges, and defenses of a case Complaint answer counterclaim reply
48
What comes first in a trial?
The playoff complaint
49
What is the plaintiff complaint?
The pleadings made by a plaintiff alleging wrongdoings on the part of the defendant Intimates a lawsuit
50
What is included in the plaintiff's complaint?
Facts needed to make jurisdiction Brief summary of facts needed to show relief is required Statement of remedy seeking
51
What is a process server?
The one who delivers a complaint or summons
52
What is a summons?
Document informing a defendant that a legal action has been commenced against them and that ey must appear in court
53
What is default judgment?
Judgement entered by a court against a defendant who fails to appear in court
54
What is an answer?
A defendant response to a plaintiffs complaint
55
What is a counterclaim?
Claim made by defendant in a civil lawsuit against the plaintiff Suing them back
56
What is a reply?
Plaintiffs response to defendants answer and counterclaim
57
What's an affirmative defense?
Can admit truth to allegations but raises new facts that may result in dismissal of action
58
What is the motion to dismiss?
A pleading I which a defendant admits the facts as alleged but claims to state a cause of action has no basis in law
59
What steps are taken to bring a case to court?
``` Complaint Summons Answer Counterclaim Reply Pretrial motions Discovery Request other information Pretrial conference Jury selection ```
60
What are different Pretrial motions?
Motion to dismiss Motion for judgment on the pleadings Motion for summary of judgment
61
What is motion for judgment on the pleadings?
Motion for court to decide trial solely on pleadings without a trial Only if no facts are in dispute
62
What is a motion for summary judgment?
Motion requesting the court to enter a judgment without proceeding to trail. Can be based on info outside pleadings and no facts in dispute Statements or other documents
63
What is discovery?
Method of opposing parties to obtain information for the trial Deposition and interrogatories
64
What is deposition?
Testimony of a party to a lawsuit or a witness taken under oath before a trail
65
What are interrogatories?
A series of written questions for which written answers are prepared by a party to a lawsuit, usually with assistance of attorney, and then dined under oath Directed to a party, not witness
66
What is e evidence?
Evidence of all computer generated or electrically recorded info
67
What is a Pretrial conference?
Meeting with judges and opposing attorneys to see if a verdict can be reached without trial
68
How does jury selection work?
Voir dire | Question perspective jurors about background, etc
69
What is peremptorily?
Ask someone not to be sworn in without providing a reason
70
What is for cause?
Ask someone not be sworn in for a reason
71
What occurs at the trial?
``` Attorneys present opening arguments Plaintiffs case preset Defendant can challenge evidence or cross examine Can ask to direct a verdict Closing arguments Judge instructs jury of charges Jury deliberates Decides on an award ```
72
What is a directed verdict?
Asking judge to make a decision without jury making kroon that other party did not provide sufficient evidence
73
What is a motion for judgment n.o.v?
Motion requesting court to grant judgment in favor of the party making the motion saying jury's decision was unreasonable and erroneous Judge will rule opposite
74
What is a motion for a new trial?
Motion stated trial was fundamentally flawed and a new trial is needed
75
How does the appeal process work?
File the appeal Appellate review Appeal to a higher court
76
What is the brief?
Written summary or statement prepared by one side to explain the case to the judge
77
What options does an appellate court have?
``` Affirm decision Reverse decision Remand, send back for further proceedings Reverse or affirm in part Modify ```
78
What system is used for electronic filing?
Case management /electronic case files
79
What is a docket?
Schedule of trials to be heard
80
What is alternate dispute resolution?
Resolution of disputes in ways other than trials | Negotiation, mediation, arbitration
81
What is negation?
Parties and attorneys | Settle dispute informally with or without attorneys present
82
What is mediation?
Settling disputes using third parties and assist in negotiation Takes active role
83
What arbitration?
Settling of dispute by submitting to a disinterested third party, who renders decision
84
When can an arbitrator's decision be overruled?
Of it was conducted in bad faith If the ward violates public policy If they exceed their own power
85
What is an arbitration clause?
Clause in contracts that in a dispute courts will not be used
86
Who provides add services?
Americans government | American arbitration association
87
What are online dispute resolution?
Resolution of disputes with assistance of organizations that offer dispute-resolution services via the Internet Good for small to medium sized cases

Bus Law (4 decks)

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