Ch. 3 Civil Dispute Resolution Flashcards
What 2 competing objectives does Procedural Law attempt to accomplish?
- ) Be fair & impartial
2. ) Operate efficiently
Courts of Appeals
- 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.
Prejudicial Error
Error substantially affecting the appellant’s rights & duties
District Courts
- General trial courts in the federal system
* One judge
U.S. Supreme Court
- 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:
- ) Appeal by right
- ) Writ of Certiorari
Appeal by Right
- 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.
Writ of Certiorari
Requires a lower court to produce the records of a case it has tried
Appellate Courts
- 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
Inferior Trial Courts
Decide the least serious criminal & civil matters
• Usually don’t keep a complete written record of rial proceedings
Small Claims Courts
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
Trial Courts
- 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
Jurisdiction
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
Exclusive Federal Jurisdiction
- 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
Concurrent Federal Jurisdiction
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.
What are the 2 types of Concurrent Federal Jurisdiction?
- ) Federal Question Jurisdiction
2. ) Diversity Jurisdiction
Federal Question
Any case arising under the Constitution, statutes, or treaties of the U.S.
Conflict of Laws
Laws applied in one state even though some or all of the relevant events occurred in another state
Judgement on the Pleadings
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
What are the 3 ways a court can meet the requirements of Jurisdiction Over the Parties wrt the Defendant?
- ) In personam jurisdiction
- ) In rem jurisdiction
- ) Attachment jurisdiction
Jurisdiction Over the Parties
• The court obtains jurisdiction over the plaintiff when she voluntarily submits to the court’s power by filing a complaint with the court.
In Personam Jurisdiction (or Personal Jurisdiction)
The jurisdiction of a court over the parties to a lawsuit, in contrast to its jurisdiction over their property
What are the 2 ways a court can obtain In Personam Jurisdiction over a defendant?
- ) By serving process on the party within the state in which the court is located
- ) By reasonable notification to a party outside the state in those instances where a “long-arm statute” applies
To Serve Process
To deliver a summons, which is an order to respond to a complaint lodged against a party
Long-Arm Statutes
Allows states to expand their jurisdictional reach to other states
In Rem Jurisdiction
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.
Quasi in Rem Jurisdiction (or Attachment Jurisdiction)
Jurisdiction over property rather than over a person
Venue
The geographic area in which a lawsuit SHOULD be brought
Pleadings
Series of responsive, formal, written statements in which each side to a lawsuit states its claims and defenses
What 2 things does a Complaint contain?
- ) A statement of the claim and supporting facts showing that she is entitled to relief
- ) A demand for that relief
Summons
Something the clerk issues to be served upon the defendant to notify him that a suit has been brought against him
Default Judgement
Judgement against a defendant who fails to respond to a complaint
Pretrial Motions
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
Complaint
The pleading which sets forth a claim for relief
Demurrer
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.
Answer
A response to a complaint which may contain denials, admissions, affirmative defenses, & counterclaims
Counterclaim
Defendant responds to a complaint by making a complaint back
• Ex: “You owe me $100.”
“No, you owe ME $200.”
Denial
When the defendant denies the truthfulness of part or all of the complaint
Affirmative Defense
When the defendant claims that the plaintiff’s injuries/damages were her own fault due to negligence, etc.
Reply
A plaintiff’s response to a counterclaim, which may also contain admissions, denials, & affirmative defenses
Judgement on the Pleadings
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
Discovery
Each party obtains relevant evidence, or information that may lead to evidence, from the other party
What are the 2 purposes of the Pretrial Conference?
- ) To simplify the issues in dispute by amending the pleadings, admitting or stipulating facts, and identifying witnesses & documents to be presented at trial
- ) To encourage settlement of the dispute without trial (more than 90% of all cases are settled before going to court)
Summary Judgement
A final binding determination on the merits made by the judge before a trial
Voir Dire
An examination by the parties’ attorneys of the potential jurors
Opening Statement
Statement that both attorneys make about the facts they expect to prove in the trial
Direct Examination
The plaintiff and plaintiff’s witnesses testify on this by the the plaintiff’s attorney
Cross-Examination
Each person is subject to this by the defendant’s attorney
Offer of Proof
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
Directed Verdict
A final binding determination on the merits made by the judge after a trial has begun but before the jury renders a verdict
Closing Argument
Final review of the evidence and coming to a verdict
Jury Instructions
Advise the jury of the particular rules of law that apply to the facts the jury determines from the evidence
Special Verdict
The jury makes specific written findings on each factual issue
When can a motion for a new trial be granted?
- ) The judge committed prejudicial error during the trial
- ) The verdict is against the weight of the evidence
- ) The damages are excessive
- ) The trial was not fair
Judgement Notwithstanding the Verdict
The judge must decide that the evidence is so clear that reasonable people could not differ as to the outcome of the case
Judgement on the Verdict
If a judge denies the motions for a new trial and for a judgement notwithstanding the verdict, he enters this
Appeal
Determines whether the trial court committed prejudicial error
Brief
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
Full Faith and Credit
U.S. Constitution requires each state to validate judgements of other states
Arbitration
The parties select a neutral third person(s)– the arbitrators– who render a binding decision after hearing arguments and reviewing evidence
Consensual Arbitration
When the parties to a dispute agree to submit the controversy to arbitration
Compulsory Arbitration
A federal or state statute requires arbitration for specific types of disputes, such as those involving public employees like police officers, teachers, & firefighters
Award
The decision of the arbitrator
Conciliation
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
Mediation
A process in which a third party (the mediator) selected by the disputants helps them to resolve their disagreement
Summary Jury Trial
A mock trial in which the parties present their case to a jury
Negotiation
A consensual bargaining process in which the parties attempt to reach an agreement resolving their dispute
Mini-Trial
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
Subject Matter Jurisdiction
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.
