Chapter 2 Flashcards
Jurisdiction over any person or business that resides in a certain geographic area
In personam jurisdiction
Jurisdiction over property that is located within the courts boundaries
In rem jurisdiction
Jurisdiction that a court can exercise with certain out of state defendants based on activities that took place within the state
Long arm statute
Under the authority of a state long arm statute, it must be demonstrated that the defendant had….
Sufficient, or minimum contacts within the state
In a corporate situation, sufficient contacts is usually met is the corp. …
Sells its goods there, advertises there, or places it’s goods into the “stream of commerce” with the intent that the goods be sold in that state
—————- refers to the limitations on the types of cases a court can hear. Certain courts are are empowered to hear certain types of disputes
Jurisdiction over subject matter
A court of —————- can decide cases involving a broad array of issues
General jurisdiction
A state trial court is an example of a court of —— jurisdiction
General
——-are courts of limited jurisdiction that handle only the disposition of a persons assets and obligations after that persons death, including issues of guardianship and custody of children
Probate court
A courts subject- matter jurisdiction can be limited by any of the fallowing
- Subject of the lawsuit
- The sum in controversy
- Wether the case involves a felony or misdemeanor
- Wether the proceeding is a trial or an appeal
The distinction between courts of —– and —— jurisdiction normally lies in wether the case is being heard for the first time
Original jurisdiction and appellate jurisdiction
The courts having original jurisdiction are the courts of first instance or —–
Trial courts
Two situations in which federal courts have jurisdiction
When a federal question is involved
Where there is diversity of citizenship
” the judicial power shall extend to all cars in law and equity arising under this constitution, the laws of the United States, and their teaties, or which shall be made under their authority”
This explains ———-
Federal questions
When a plaintiffs cause of action is based, at least in part, on the U.S constitution, a treaty , or a federal law, a ———- arises
Federal question
The most common type of diversity jurisdiction required both of the fallowing
The plaintiff and defendant must be residents of different states.
The dollar amount in controversy must exceed 75000
A federal court will apply —- law in a cases involving federal question
Federal
A federal court will apply —– law in a case involving diversity of citizenship
State law ( which is often the law of the state in which the court sits)
“The power to speak the law”
Jurisdiction
When cases can be tried only in federal courts or only in state courts ——–/- exists
Exclusive jurisdiction
Federal Courts have exclusive jurisdiction in the fallowing types of cases
Federal crimes Bankruptcy Patent and copyright claims Any lawsuit against the U.S. Some areas of admiralty law ( laws governing seaborne transport and ocean waters)
When both federal and state courts have the power to hear a case as is true in cases involving diversity of citizenship —– exists
Concurrent jurisdiction
When concurrent jurisdiction exists, a party may choose to bring a suit….
In either federal or state court. Many factors may influence a party to litigate in a federal vs a state court
Venue is a criminal case is normally where
The crime occurred
Venue in a civil case is normally where
The defendant resides
In a case where the defendants right to a fair trail has been impaired what might happen
Change of venue
Before a party can bring a lawsuit to court that part must have
Standing to sue
Standing to sue
Sufficient stake in a matter to justify seeking relief through the court system
Standing can be broken down into three elements
Harm
Causation
Remedy
The party bringing the action must have suffered or will immediately suffer harm- an invasion of a legally protected interest. The contreversy must be real and substantial rather than hypothetical
Harm( standing to sue)
The must be a causal connection between the conduct complained of and the injury
Causation ( standing to sue)
It must be likely rAther than speculative that a favorable court decision will remedy or make up for the injury suffered
Remedy
Judges in the federal courts system are are appointed by the president and if they are confirmed by the senate hold office for
Life
About — of states have intermediate appellate courts
3/4
Appellate courts do not deal with questions of — they deal with a question of —-
Fact
Law
Concerns the application or interpretation of the law
Question of law
The federal court system is basically a three tiered model consisting of
U.S. District courts ( trial courts of general and limited jurisdiction)
2) U.S. courts of appeals
3) the United States Supreme Court
In the federal court system there are —- courts of appeals
13
The highest level of the three tiered federal court system is the United States ——
Supreme Court
The U.S. Supreme Court consists of how many justices
9
Although Supreme Court has original jurisdiction in rare instances most of its work is as an——
Appeals court
The US Supreme Court can review any case decided by …..
Any of the federal courts of appeals
To bring a case before the Supreme Court a party requests the court to issue a
Writ of certiorari
—– is an order issued by the Supreme Court to a lower court requiring the latter to send it the record of the case for review
Writ of certiorari
The court will not issue a writ* unless at least _ of the 9 justices approve it
4
Most petitions for writs are _____
Denied
Rule of four
Means that at least 4 of 9 Supreme Court justices must approve a petition for writ*
The process of resolving a dispute through the court system
Litigation
ADR
Alternative dispute resolution
The simplest form of ADR is a process in which parties attemp to settle their dispute informally with or without attorneys to represent them
Negotiation
When a neutral third party works with both sides in a dispute to facilitate a resolution
Mediation
A third neutral party or a panel of experts hears a dispute and imposes a resolution on the parties
Arbitration
Three forms of ADR
Negotiation
Mediation
Arbitration
The arbitrators decision is called_____
Award
A court will set aside an award only in the event of one of the fallowing
The arbitrators conduct or “ bad faith” substantially prejudiced the rights of one of the parties
- The award violates an established public policy
- the arbitrator exceeded her or his powers ( arbitrated issues that the parties did not agree to submit to arbitration)
A contract specifying that any dispute arising under the contract will be resolved through arbitration rather than through the court system
Arbitration clause
Supreme Court has held that mandatory arbitration clauses in employment contracts are generally ______
Enforceable
New types of ADR that have arisen in recent years
Early neutral case evaluation
Mini-trial
Summary jury trials
Parties select a neutral third partyabd explains their respective positions to said party. The case evaluator asses the strengths and weaknesses of each parties claim
Early neutral case evaluation
Each party’s attorney briefly argues the parties cases before the other partie and a panel of representatives from each side who have the authority to settle the dispute. ( usually an expert in the area being disputed acts as an advisor) if the dispute isn’t settled the advisor tells the parties how the dispute is likely to be viewed by the court
Mini- trial
Parties present the arguments and evidence and the jury renders a verdict. The jury verdict is not binding but acts as a guide to both parties in reaching an agreement during the mandatory negotiations that immediately fallow the trial
Summary jury trial
AAA
American arbitration association
ODR
Online dispute resolution
