Chapter 2: Courts and Alternative Dispute Resolution Flashcards
The court’s purpose in American Governmental System
to interpret and apply law.
Judicial Review
Implied power of judiciary to strike down laws formed by legislative and executive branches that are unconstitutional.
Checks and Balance System
Three branches of govt. keep eachother accountable.
E.g.
Executive: Veto statute from legislative branch.
Legislative: 2/3 vote to override Presidential veto.
Judicial: Uses Judicial review to strike down uncosntitutional laws by executive and legislative.
Latin Term “Juris” meaning
“Law”
Latin Term “Diction” meaning
“To speak”
This means the technical term of Jurisdiction is…
“The power the speak the law”
Jurisdiction
Authority of court to hear & decide a case.
(geographical location wherein courts have power to apply law).
Personal Jurisdiction
Whether or not court has authority/right to rule over certain people involved in case.
In Rem Jurisdiction
Court has authority over property within the jurisdiction where they reside.
Long Arm Statutes
Statute (created by legislature)
that allows court of one jurisdiction to “drag” a defendant, from another state, to court for trial.
Minimum Contact
defendant’s (FROM DIFFERENT STATES) connections to the state wherein crimes were committed that are sufficient enough to for the court to claim personal jurisdiction over defendant.
Does personal jurisdiction apply to all states for nationwide corporations / business? Explain why.
No
Business would be unfairly exposed to lawsuits from several jurisdictions.
Personal jurisdiction only applies in one “home state” where substantial business is done.
Subject Matter Jurisdiction
Whether or not the court has the right to hear a certain type of case.
Courts of General Jurisdiction
Unlimited to the types of cases they can hear.
Courts of Limited Jurisdiction
Limited to the types of cases they can hear.
Probate Court (State)
Court of Limited Jurisdiction
Deals w// transferral of assets and obligations of deceased.
(e.g. money, and guardianship over children)
Bankrupcty Court (Federal)
Court of Limited Jurisdiction.
Deal w/ cases invovling bankruptcy
regulated by federal bankruptcy law.
Original Jurisdiction
Authority of court where the case starts.
(State: Trial Court
Federal: District Court)
Appellate Jurisdiction
Authority of appellate court to review legal procedure of lower court.
2 Situations where Federal Court has Subject Matter Jurisdiction
1) Federal Questions
2) Diversity of Citizenship
Federal Questions
Arises in cases where plaintiff’s action is based on U.S. Constitution, federal law, or treaty.
Diversity of Citizenship
Cases invovling parties from different states
AND
the legal dispute must be more than $75,000 in controversy
Concurrent Jurisdiction
Applies in cases where both federal and state courts have authority to hear case.
Exclusive Jurisdiction
Where only federal or only state courts have the right to hear a case.
Venue
the most appropriate place to hold a trial.
Standing to Sue
plaintiff must have “sufficient stake” in case to seek relief from court.
Justiciable Controversy
controversy plaintiff brings before court must be REAL and SUBSTANTIAL.
Keep in mind, the _____________ court system is not ___________ to the ____________ court system. They’re different independent systems with different ways of ______________ a case under their respective _____________.
federal; superior; state; processing; laws
Small Claims Court
inferior trial court;
involves small claims of money for less than a certain amount (e.g. $5,000).
Attorneys are ___________ required for ____________ ___________ court.
not; Small Claims
In appellate court proceedings, there are no ___________, no ____________, and no _____________. There is just the _____ parties (_______________ and _______________), ________________ of the first trial proceeding, and a ___________.
witnesses; evidence; jury; 2; appellant; respondent; transcripts; judge.
Appellate courts are interested in _____________ of _______, NOT ____________ of __________. It’s an appellate court’s job to ensure ____________ ___________ was followed, not to find ___________- ____________ errors made by jury and judge in first trial.
Questions; Law; Questions; Fact; legal procedure; fact-finding
Question of Fact
Concerns facts of the case; whether or not something in the case actually happened.
Questions of Law
Concern whether or not the law was applied correctly.
U.S. District Courts are courts of ______________ jurisdiction on a __________ level. There is at least __ federal district court in ___________ state. There are _____ federal court districts.
original; federal; 1; every; 94
There are _____ U.S. circuit court of appeals. These federal-level, intermediate appellate courts take appeals from the ____ _____________ courts within their judicial circuits.
13; U.S. district
The Court of Appeals in the _____ Circuit is called the ___________ ______________. This court has ___________ _____________ jurisdiction over certain cases like __________ law, and cases where the U.S. govt is a __________________.
13th; Federal Circuit; national appellate; patent; defendant
Supreme Court is the court of ____________ _____________. While the Supreme Court may have ______________ (trial) jurisdiction in ___________ cases, they primarily operate like an _____________ court, by reviewing cases from the _____________ court of _________ (federal) or _________ supreme court (state).
last resort; original; appeals; circuit; appeals; state
Writ of Certiorari
Order issued from Supreme Court to lower court, to send up a record of their case to review.
Rule of Four
4 of 9 justices must agree to hear a case before issuing writ of certiorari.
Litigation
Resolving a dispute through court system.
Pleadings
Documents/ statements from Plaintiff and Defendant detailing facts, charges, and defenses of their cases.
Complaint
document from plaintiff stating wrongdoing against them
3 Elements of Complaint
1) Jurisdiction: States why court has jurisdiction over caase
2) Legal Theory:state why plaintiff is entitled to relief from court.
3) Remedy: Type of relief requested.
Service of Process
Formally notifying defendant of lawsuit (complaint and summons against them).
Summons
form sent (with complaint document) to defendant stating the legal action against him & requiring him to appear in court.
The defendant must ____________ to the complaint document within a certain frame (sometimes _____ days), otherwise the judge will enter ____________ ______________.
respond; 20; default judgement
Default Judgement
Plaintiff will automatically receieve relief requested because of defendant’s failure to respond to complaint/summons.
Answer
Defendant’s response to Plaintiff complaint document.
Defendant admits to allegations against him
OR
denies them, & outline defense of his own case.
Counterclaim
Defendant’s answer in response to Plaintiff’s complaint document.
Reply
Plaintiff’s response to a Defendant’s counterclaim.
Motion to Dismiss
Motion (by attorney) to dismiss case altogether for stated reasons.
The ____________ may also file motion of dismissal if an _______-_____-__________ agreement was reached between them and the ________________.
Plaintiff; out-of-court; Defendant
Motion for Judgement on the Pleadings
Request for judge to decide issue of case solely based on the merits of the case.
Judges will accept Motion for Judgement on the Pleadings only if it regards _____________ of ________, NOT ___________ of ___________.
Questions; Law; Questions; Fact
Motion for Summary Judgement
Request for judge to enter judgement w/o proceeding to trial.
judges will accept Motion for Summary Judgement only if it regards _____________ of ____________, NOT ___________ of ___________.
questions; law; questions; fact
Discovery
When opposing parties submit information to eachother, that would otherwise be hidden.
Types of Discovery
Depositions & Interrogatories
Deposition
Sworn testimony by party (plaintiff or defendant) or individual related to lawsuit under oath.
Depositions are recorded, and that recording can be used if a ____________ is unable to _____________ at _______________.
witness; appear; trial
Interrogatories
Written questions w/ answers prepared by party to lawsuit, signed under oath.
E-evidence
computer-generated, electronically-recorded evidence
Metadata is recorded ___________ information that provides information about ________ created a file, __________ it was created, and who has __________, ___________, or _____________ it.
electronic; who; when; accessed, modified, transmitted
Voire Dire
Questioning by Judge and lawyers to observe potential bias among jurors.
Challenge for Cause
remove juror based on evidence shown to judge as to why they shouldn’t serve.
Peremptory Challenge
removing juror w/o giving reason as to why.
Motion for a Directed Verdict
Motion for judge to enter verdict on behalf of party making the motion bc the other party has not produced any evidence supporting their claim.
Award
Monetary compensation given to plaintiff at the end of the trial.
motion for judgement n.o.v
“motion for judgement notwithstanding the verdict”
Judge will only enter this verdict if jury’s verdict was clearly errouneous.
Motion for New Trial
Request from losing party to set aside adverse decision and hold a new trial.
When appealing a case, the petitioner provides a ___________, that outlines the __________ of the case, the _________’s ruling or ____________’s findings that were ‘wrong’, applicable ______, and ___________ on behalf of the defendant.
brief; facts; judge’s; jury’s; law; arguments
Docket
schedule of cases to be heard.
Alternative Dispute Resolution (ADR)
Parties resolving disputes outside of court through…
1) Negotiation
2) Mediation
3) Arbitration
Negotiation
Parties settle dispute informally w/ or w/o attorneys present.
Mediation
Parties settle dispute w/ third party mediatior
- mediator talks w/ parties separately, then JOINTLY.
- tries to help parties see points of agreement so they can make mutually beneficial resolution.
The mediator is allowed to suggest a solution. This is called a “______________’s _____________.” HOWEVER, the mediator may ______ decide FOR the two parties. He / she simply tries to ensure an agreement is reached, and that the __________ can still be in good ____________ w/ eachother after their dispute.
Mediator’s proposal; NOT; disputants; standing
Arbitration
Form of ADR
Parties settle legal dispute by submitting it third party arbitors, who will render a decision.
Decisions made by arbitors are usually _______________ __________, however, parties may opt for _____-________________ arbitration. Arbritration mandated by courts is most often _____-_____________.
legally bindng; non-binding; non-binding
Arbitration Clause
placed in contracts; parties in contract agree to settle disputes through arbitration instead of going through court system.
_________________ is the percieved need for a dispute to be resolved through _______________. Courts, though they can resolve issues between disputing parties judicially, may move for ______________ if a mututal _____________ clause is found in both parties’ ____________.
abritrability; arbitration; arbitration; arbitration; contract
Arbitration Clauses in ______________ contracts are generally _______________. This means, the employee ___________ their right to sue the corporation for any legal __________, and agrees to resolve all problems or _______________ through ___________.
employement; enforceable; waivers; disputes; controversies; arbitration
Summary Jury Trial
Lesser known form of Alternative Dispute Resolution
- Disputing parties present their arguments & evidence. Jury decides NON-BINDING verdict
which serves as a guide for parties in mandatory decisions made afterward (following trial).
Online Dispute Resolution (ODR)
Parties resolve legal disputes through dispute services via the Internet
