Ch. 3 Civil Dispute Resolution

Question 0

What 2 competing objectives does Procedural Law attempt to accomplish?

Answer 0

1. ) Be fair & impartial

2. ) Operate efficiently

Question 0

Courts of Appeals

Answer 0

• Primarily hear appeals from the district courts located within its circuit
• Usually 3 judges

• Examine record of case on appeal and determines if trial court committed prejudicial error
–If so, appellate court will reverse/ modify the judgement of the lower court, or remand/ send back to lower court for further proceeding

• If there is no prejudicial error, the appellate court will affirm the decision of the lower court.

Question 0

Prejudicial Error

Answer 0

Error substantially affecting the appellant’s rights & duties

Question 1

District Courts

Answer 1

• General trial courts in the federal system

* One judge

Question 2

U.S. Supreme Court

Answer 2

• 9 justices
• Principal function is to review decisions of the Federal Courts of Appeals and decisions involving federal law resolved by the highest state courts
• Cases reach here by 2 possible routes:
  1. ) Appeal by right
  2. ) Writ of Certiorari

Question 3

Appeal by Right

Answer 3

• Very few cases go this route
• The Court must hear these cases if one of the parties requests the review.
• In 1988 Congress enacted legislation that almost completely eliminated the right to appeal to the U.S. Supreme Court.

Question 5

Writ of Certiorari

Answer 5

Requires a lower court to produce the records of a case it has tried

Question 7

Appellate Courts

Answer 7

• Called the “supreme court” of the state
• Highest state court
• Has final say (other than those that go to U.S. Supreme Court)
• Most states also have intermediate appellate courts

Question 8

Inferior Trial Courts

Answer 8

Decide the least serious criminal & civil matters

• Usually don’t keep a complete written record of rial proceedings

Question 9

Small Claims Courts

Answer 9

Inferior trial courts that hear civil cases involving a limited amount of money

• Usually, no jury, the procedure is informal, & neither side employs an attorney

Question 10

Trial Courts

Answer 10

• Each state has these
• Do not have a dollar limitation on their jurisdiction in civil cases and hear all criminal other than minor offenses
• Maintain formal records of their proceedings
• May be called county, district, superior, circuit, or common pleas courts

Question 11

Jurisdiction

Answer 11

The power or authority if a court to hear & decide a given case

• Types:

 1. ) Jurisdiction over the subject matter of the lawsuit
 2. ) Jurisdiction over the parties to a lawsuit

Question 12

Exclusive Federal Jurisdiction

Answer 12

• Jurisdiction that is exclusive only if Congress so provides, explicitly or implicitly
• Exclusive jurisdiction over federal criminal prosecutions:
  • -admiralty, bankruptcy, antitrust, patent, trademark, and copyright cases
  • -suits against U.S.
  • -cases arising under certain federal statutes that expressively provide for exclusive federal jurisdiction

Question 13

Concurrent Federal Jurisdiction

Answer 13

If Congress does not so provide and the area is one over which federal courts have subject matter jurisdiction, they share this jurisdiction with the state courts.

Question 14

What are the 2 types of Concurrent Federal Jurisdiction?

Answer 14

1. ) Federal Question Jurisdiction

2. ) Diversity Jurisdiction

Question 15

Federal Question

Answer 15

Any case arising under the Constitution, statutes, or treaties of the U.S.

Question 16

Conflict of Laws

Answer 16

Laws applied in one state even though some or all of the relevant events occurred in another state

Question 17

Judgement on the Pleadings

Answer 17

Requests the judge to rule as a matter of law whether the facts alleged in the pleadings of the nonmoving party are sufficient to warrant granting the requested relief

Question 18

What are the 3 ways a court can meet the requirements of Jurisdiction Over the Parties wrt the Defendant?

Answer 18

1. ) In personam jurisdiction
2. ) In rem jurisdiction
3. ) Attachment jurisdiction

Question 19

Jurisdiction Over the Parties

Answer 19

• The court obtains jurisdiction over the plaintiff when she voluntarily submits to the court’s power by filing a complaint with the court.

Question 20

In Personam Jurisdiction (or Personal Jurisdiction)

Answer 20

The jurisdiction of a court over the parties to a lawsuit, in contrast to its jurisdiction over their property

Question 21

What are the 2 ways a court can obtain In Personam Jurisdiction over a defendant?

Answer 21

1. ) By serving process on the party within the state in which the court is located
2. ) By reasonable notification to a party outside the state in those instances where a “long-arm statute” applies

Question 22

To Serve Process

Answer 22

To deliver a summons, which is an order to respond to a complaint lodged against a party

Question 23

Long-Arm Statutes

Answer 23

Allows states to expand their jurisdictional reach to other states

Question 24

In Rem Jurisdiction

Answer 24

Jurisdiction to adjudicate claims to property in the state if the plaintiff gives the people who have an interest in the property reasonable notice and an opportunity to be heard.

Question 25

Quasi in Rem Jurisdiction (or Attachment Jurisdiction)

Answer 25

Jurisdiction over property rather than over a person

Question 26

Venue

Answer 26

The geographic area in which a lawsuit SHOULD be brought

Question 27

Pleadings

Answer 27

Series of responsive, formal, written statements in which each side to a lawsuit states its claims and defenses

Question 28

What 2 things does a Complaint contain?

Answer 28

1. ) A statement of the claim and supporting facts showing that she is entitled to relief
2. ) A demand for that relief

Question 29

Summons

Answer 29

Something the clerk issues to be served upon the defendant to notify him that a suit has been brought against him

Question 30

Default Judgement

Answer 30

Judgement against a defendant who fails to respond to a complaint

Question 31

Pretrial Motions

Answer 31

Contests the court’s jurisdiction over the defendant, or asserts that the action is barred by the statute of limitations, which requires suits to be brought within a specified time

Question 32

Complaint

Answer 32

The pleading which sets forth a claim for relief

Question 33

Demurrer

Answer 33

Even if the plaintiff’s allegations are true, she still would not be entitled to the relief she seeks and there is no need for a trial of the facts.

Question 34

Answer

Answer 34

A response to a complaint which may contain denials, admissions, affirmative defenses, & counterclaims

Question 35

Counterclaim

Answer 35

Defendant responds to a complaint by making a complaint back

• Ex: “You owe me $100.”
“No, you owe ME $200.”

Question 36

Denial

Answer 36

When the defendant denies the truthfulness of part or all of the complaint

Question 37

Affirmative Defense

Answer 37

When the defendant claims that the plaintiff’s injuries/damages were her own fault due to negligence, etc.

Question 38

Reply

Answer 38

A plaintiff’s response to a counterclaim, which may also contain admissions, denials, & affirmative defenses

Question 39

Judgement on the Pleadings

Answer 39

Requests the judge to rule (as a matter of law) whether the facts (as alleged) in the pleadings of the nonmoving party are sufficient to warrant granting the requested relief

Question 40

Discovery

Answer 40

Each party obtains relevant evidence, or information that may lead to evidence, from the other party

Question 41

What are the 2 purposes of the Pretrial Conference?

Answer 41

1. ) To simplify the issues in dispute by amending the pleadings, admitting or stipulating facts, and identifying witnesses & documents to be presented at trial
2. ) To encourage settlement of the dispute without trial (more than 90% of all cases are settled before going to court)

Question 42

Summary Judgement

Answer 42

A final binding determination on the merits made by the judge before a trial

Question 43

Voir Dire

Answer 43

An examination by the parties’ attorneys of the potential jurors

Question 44

Opening Statement

Answer 44

Statement that both attorneys make about the facts they expect to prove in the trial

Question 45

Direct Examination

Answer 45

The plaintiff and plaintiff’s witnesses testify on this by the the plaintiff’s attorney

Question 46

Cross-Examination

Answer 46

Each person is subject to this by the defendant’s attorney

Question 47

Offer of Proof

Answer 47

Consists of oral statements of counsel or witnesses showing for the record the evidence that the judge has ruled inadmissible; it is not regarded as evidence and is not heard by the jury

Question 48

Directed Verdict

Answer 48

A final binding determination on the merits made by the judge after a trial has begun but before the jury renders a verdict

Question 49

Closing Argument

Answer 49

Final review of the evidence and coming to a verdict

Question 50

Jury Instructions

Answer 50

Advise the jury of the particular rules of law that apply to the facts the jury determines from the evidence

Question 51

Special Verdict

Answer 51

The jury makes specific written findings on each factual issue

Question 52

When can a motion for a new trial be granted?

Answer 52

1. ) The judge committed prejudicial error during the trial
2. ) The verdict is against the weight of the evidence
3. ) The damages are excessive
4. ) The trial was not fair

Question 53

Judgement Notwithstanding the Verdict

Answer 53

The judge must decide that the evidence is so clear that reasonable people could not differ as to the outcome of the case

Question 54

Judgement on the Verdict

Answer 54

If a judge denies the motions for a new trial and for a judgement notwithstanding the verdict, he enters this

Question 55

Appeal

Answer 55

Determines whether the trial court committed prejudicial error

Question 56

Brief

Answer 56

Contains a statement of the facts, issues, erroneous rulings by the trial court, grounds for reversal of the judgement, a statement of the applicable law, & arguments on his behalf

Question 57

Full Faith and Credit

Answer 57

U.S. Constitution requires each state to validate judgements of other states

Question 58

Arbitration

Answer 58

The parties select a neutral third person(s)– the arbitrators– who render a binding decision after hearing arguments and reviewing evidence

Question 59

Consensual Arbitration

Answer 59

When the parties to a dispute agree to submit the controversy to arbitration

Question 60

Compulsory Arbitration

Answer 60

A federal or state statute requires arbitration for specific types of disputes, such as those involving public employees like police officers, teachers, & firefighters

Question 61

Award

Answer 61

The decision of the arbitrator

Question 62

Conciliation

Answer 62

A nonbinding, informal process in which a third party (the conciliator) selected by the disputing parties’ attempts to help them reach a mutually acceptable agreement

Question 63

Mediation

Answer 63

A process in which a third party (the mediator) selected by the disputants helps them to resolve their disagreement

Question 64

Summary Jury Trial

Answer 64

A mock trial in which the parties present their case to a jury

Question 65

Negotiation

Answer 65

A consensual bargaining process in which the parties attempt to reach an agreement resolving their dispute

Question 66

Mini-Trial

Answer 66

Attorneys for the two corporations conduct limited discovery and then present evidence to a panel consisting of managers from each company, as well as to a neutral third party, who may be a retired judge or other attorney

Question 67

Subject Matter Jurisdiction

Answer 67

The authority if a court to judge a controversy

• Federal courts have LIMITED jurisdiction.
• State courts have jurisdiction over ALL matters that the Constitution or the Congress neither denies them not gives exclusively to the federal courts.