Ch. 3 Civil Dispute Resolution Flashcards
Federal Courts: District Courts
Trial courts of general jurisdiction that can hear and decide most legal controversies in the federal system.
Federal Courts: Court of Appeals
Hear appeals from the district courts and review orders of certain administrative agencies.
Federal Courts: The Supreme Court
The nation’s highest court, whose principal function is to review decisions of the federal Courts of Appeals and the highest state courts.
Federal Courts: Special Courts
Have jurisdiction over cases in a particular area of federal law and include the U.S. Court of Federal Claims, the U.S. Tax Court, the U.S. Bankruptcy Courts, the U.S. Court of International Trade, and the U.S. Court of Appeals for the Federal Circuit.
State Courts: Inferior Trial Courts
Hear minor criminal cases such as traffic offenses and civil cases involving small amounts of money and conduct preliminary hearings in more serious criminal cases.
State Courts: Trial Courts
Have general jurisdiction over civil and criminal cases.
State Courts: Special Trial Courts
Trial courts, such as probate courts and family courts, which have jurisdiction over a particular area of state law.
State Courts: Appellate Courts
Include one or two levels; the highest court’s decisions are final except in those cases reviewed by the U.S. Supreme Court.
Subject matter jurisdiction
Authority of a court to hear and decide a particular kind of case.
Exclusive federal jurisdiction
Federal courts have sole jurisdiction over federal crimes, bankruptcy, anti-trust, patent, trademark, copyright, and other special cases.
Concurrent federal jurisdiction
Authority of more than 1 court to hear the same case; state and federal courts have a concurrent jurisdiction over (1) Federal question cases (cases arising under the constitution, statutes, or treaties of the United States) which do not involve exclusive federal jurisdiction and (2) diversity of citizenship cases involving more than $75,000.
Exclusive state jurisdiction
State courts have exclusive jurisdiction over all matters to which the federal judicial power does not reach.
Jurisdiction over the Parties
The power of a court to bind the parties to a suit.
In Personam Jurisdiction
Jurisdiction based on claims against a person, in contrast to jurisdiction over property.
In Rem Jurisdiction
Jurisdiction based on claims against property.
Attachment or quasi in rem jurisdiction
Jurisdiction over a defendant’s property to obtain payment of a claim not related to property.
E.g. Allen, a resident of Ohio, has obtained a valid judgement in the amount of $20.000 against Bradley, a citizen of Kentucky. Allen can attach Bradley’s automobile, which is located in Ohio, to satisfy his court judgement against Bradley.
Venue
Geographic area in which a lawsuit should be brought.
often confused with jurisdiction
Civil Procedure:
Pleadings
Series of statements that give notice and establish the issues of fact by each side and the law presented and disputed.
Complaint
Initial pleading by the plaintiff stating his case.
Summons
Notice given to inform a person of a lawsuit against her.
Answer
Defendant’s pleading in response to the plaintiff’s complaint.
Reply
Plaintiff’s pleading in response to the defendant’s answer.
Civil Procedure: Pretrial Procedure
Process requiring the parties to disclose what evidence is available to prove the disputed facts; designed to encourage settlement of cases or to make the trial more efficient.
Judgment on pleadings
A final ruling in favor of one party by the judge based on the pleadings.
Discovery
Right of each party to obtain evidence from the other party.
Pre-trial conference
A conference between the judge and the attorneys to simplify the issues in dispute and to attempt to settle the dispute without trial.
Summary judgment
Final ruling by the judge in favor of one party based on the evidence disclosed by discovery.
Civil Procedure: Trial
Determines the facts and the outcome of the case.
Jury selection
Each party has an unlimited number of challenges for cause and a limited number of peremptory challenges.
Conduct of trial
Consists of opening statements by attorneys, direct and cross examination of witnesses, and closing arguments.
Directed verdict
Final ruling by the judge in favor of one party based on the evidence introduced at trial but before the jury renders a verdict.
Jury instructions
Judge gives the jury the particular rules of law that apply to the case.
Verdict
The juries decision based on this facts the jury determines the evidence proves.
Motions challenging verdict
Include motions for a new trial and a motion for judgment notwithstanding the verdict.
Appeal
Determines whether the trial court committed pre-judicial error.
Enforcement
A plaintiff with an unpaid judgment may resort to (1) a writ of execution to have the sheriff seize property of the defendant and (2) garnishment to collect money owed to the defendant by a third-party.
Alternative Dispute Resolution: Arbitration
Non-judicial proceeding in which a neutral third-party selected by the disputants render a binding decision (award).
Alternative Dispute Resolution:
Conciliation
Non-binding process in which a third-party acts as an intermediary between the disputing parties.
Alternative Dispute Resolution: Mediation
Non-binding process in which a third-party acts as an intermediary between the disputing parties and proposes solutions for them to consider.
Alternative Dispute Resolution: Mini-Trial
Non-binding process in which attorneys for the disputing parties (typically corporations) present evidence to managers of the disputing parties and a neutral third-party, after which the managers attempt to negotiate a settlement in consultation with a third-party.
Alternative Dispute Resolution: Summary jury trial
Mock trial followed by negotiations.
Alternative Dispute Resolution: Negotiation
Consensual bargaining process in which the parties attempt to reach an agreement resolving their dispute without the involvement of third parties.
Reverse
Set aside the lower court’s judgement.
Modify
Change the lower court’s judgement.
Remand
Send the case back to the lower court.
Affirm
Uphold the lower court’s judgement
Appeal by right
Mandatory review by a higher court.
Writ of certiorari
Discretionary review by a higher court.
Small claims court
Inferior trail courts with jurisdiction over civil cases involving a limited dollar amount.
Federal question
Any case arising under the Constitution, statutes, or treaties of the United States.
Default judgement
Judgement against a defendant who fails to respond to a complaint.
Demurrer
Motion to dismiss for failure to state a claim.
Voir dire
Preliminary examination of potential jurors.
- each party has an unlimited number of [challenges for cause], which allow the party to prevent a prospective juror from serving if the juror is biased or cannot be fair and impartial.
- in addition, each party has a limited number of [peremptory challenges] for which no cause is required to disqualify a prospective juror.
Judgement notwithstanding the verdict
A final binding determination on the merits made by the judge after and contrary to the jury’s verdict.
Consensual arbitration
Arbitration voluntarily entered into by the parties.
Compulsory arbitration
Arbitration required by federal or state statute for specific types of disputes, such as those involving public employees, including police officers, firefighters, and teachers.
Award
The decision of an arbitrator.
Med-arb
Binding process in which a third party serves first as a mediator and then as an arbitrator for those issues not resolved through meditation.
