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BLAW 220 > Chapter 2: Courts and Alternative Dispute Resolution > Flashcards

Chapter 2: Courts and Alternative Dispute Resolution Flashcards

1
Q

The court’s purpose in American Governmental System

A

to interpret and apply law.

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2
Q

Judicial Review

A

Implied power of judiciary to strike down laws formed by legislative and executive branches that are unconstitutional.

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3
Q

Checks and Balance System

A

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.

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4
Q

Latin Term “Juris” meaning

A

“Law”

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5
Q

Latin Term “Diction” meaning

A

“To speak”

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6
Q

This means the technical term of Jurisdiction is…

A

“The power the speak the law”

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7
Q

Jurisdiction

A

Authority of court to hear & decide a case.

(geographical location wherein courts have power to apply law).

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8
Q

Personal Jurisdiction

A

Whether or not court has authority/right to rule over certain people involved in case.

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9
Q

In Rem Jurisdiction

A

Court has authority over property within the jurisdiction where they reside.

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10
Q

Long Arm Statutes

A

Statute (created by legislature)
that allows court of one jurisdiction to “drag” a defendant, from another state, to court for trial.

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11
Q

Minimum Contact

A

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.

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12
Q

Does personal jurisdiction apply to all states for nationwide corporations / business? Explain why.

A

No

Business would be unfairly exposed to lawsuits from several jurisdictions.

Personal jurisdiction only applies in one “home state” where substantial business is done.

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13
Q

Subject Matter Jurisdiction

A

Whether or not the court has the right to hear a certain type of case.

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14
Q

Courts of General Jurisdiction

A

Unlimited to the types of cases they can hear.

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15
Q

Courts of Limited Jurisdiction

A

Limited to the types of cases they can hear.

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16
Q

Probate Court (State)

A

Court of Limited Jurisdiction

Deals w// transferral of assets and obligations of deceased.

(e.g. money, and guardianship over children)

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17
Q

Bankrupcty Court (Federal)

A

Court of Limited Jurisdiction.

Deal w/ cases invovling bankruptcy

regulated by federal bankruptcy law.

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18
Q

Original Jurisdiction

A

Authority of court where the case starts.

(State: Trial Court
Federal: District Court)

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19
Q

Appellate Jurisdiction

A

Authority of appellate court to review legal procedure of lower court.

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20
Q

2 Situations where Federal Court has Subject Matter Jurisdiction

A

1) Federal Questions

2) Diversity of Citizenship

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21
Q

Federal Questions

A

Arises in cases where plaintiff’s action is based on U.S. Constitution, federal law, or treaty.

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22
Q

Diversity of Citizenship

A

Cases invovling parties from different states

AND

the legal dispute must be more than $75,000 in controversy

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23
Q

Concurrent Jurisdiction

A

Applies in cases where both federal and state courts have authority to hear case.

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24
Q

Exclusive Jurisdiction

A

Where only federal or only state courts have the right to hear a case.

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25
Q

Venue

A

the most appropriate place to hold a trial.

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26
Q

Standing to Sue

A

plaintiff must have “sufficient stake” in case to seek relief from court.

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27
Q

Justiciable Controversy

A

controversy plaintiff brings before court must be REAL and SUBSTANTIAL.

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28
Q

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 _____________.

A

federal; superior; state; processing; laws

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29
Q

Small Claims Court

A

inferior trial court;

involves small claims of money for less than a certain amount (e.g. $5,000).

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30
Q

Attorneys are ___________ required for ____________ ___________ court.

A

not; Small Claims

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31
Q

In appellate court proceedings, there are no ___________, no ____________, and no _____________. There is just the _____ parties (_______________ and _______________), ________________ of the first trial proceeding, and a ___________.

A

witnesses; evidence; jury; 2; appellant; respondent; transcripts; judge.

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32
Q

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.

A

Questions; Law; Questions; Fact; legal procedure; fact-finding

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33
Q

Question of Fact

A

Concerns facts of the case; whether or not something in the case actually happened.

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34
Q

Questions of Law

A

Concern whether or not the law was applied correctly.

35
Q

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.

A

original; federal; 1; every; 94

36
Q

There are _____ U.S. circuit court of appeals. These federal-level, intermediate appellate courts take appeals from the ____ _____________ courts within their judicial circuits.

A

13; U.S. district

37
Q

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 __________________.

A

13th; Federal Circuit; national appellate; patent; defendant

38
Q

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).

A

last resort; original; appeals; circuit; appeals; state

39
Q

Writ of Certiorari

A

Order issued from Supreme Court to lower court, to send up a record of their case to review.

40
Q

Rule of Four

A

4 of 9 justices must agree to hear a case before issuing writ of certiorari.

41
Q

Litigation

A

Resolving a dispute through court system.

42
Q

Pleadings

A

Documents/ statements from Plaintiff and Defendant detailing facts, charges, and defenses of their cases.

43
Q

Complaint

A

document from plaintiff stating wrongdoing against them

44
Q

3 Elements of Complaint

A

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.

45
Q

Service of Process

A

Formally notifying defendant of lawsuit (complaint and summons against them).

46
Q

Summons

A

form sent (with complaint document) to defendant stating the legal action against him & requiring him to appear in court.

47
Q

The defendant must ____________ to the complaint document within a certain frame (sometimes _____ days), otherwise the judge will enter ____________ ______________.

A

respond; 20; default judgement

48
Q

Default Judgement

A

Plaintiff will automatically receieve relief requested because of defendant’s failure to respond to complaint/summons.

49
Q

Answer

A

Defendant’s response to Plaintiff complaint document.

Defendant admits to allegations against him
OR
denies them, & outline defense of his own case.

50
Q

Counterclaim

A

Defendant’s answer in response to Plaintiff’s complaint document.

51
Q

Reply

A

Plaintiff’s response to a Defendant’s counterclaim.

52
Q

Motion to Dismiss

A

Motion (by attorney) to dismiss case altogether for stated reasons.

53
Q

The ____________ may also file motion of dismissal if an _______-_____-__________ agreement was reached between them and the ________________.

A

Plaintiff; out-of-court; Defendant

54
Q

Motion for Judgement on the Pleadings

A

Request for judge to decide issue of case solely based on the merits of the case.

55
Q

Judges will accept Motion for Judgement on the Pleadings only if it regards _____________ of ________, NOT ___________ of ___________.

A

Questions; Law; Questions; Fact

56
Q

Motion for Summary Judgement

A

Request for judge to enter judgement w/o proceeding to trial.

57
Q

judges will accept Motion for Summary Judgement only if it regards _____________ of ____________, NOT ___________ of ___________.

A

questions; law; questions; fact

58
Q

Discovery

A

When opposing parties submit information to eachother, that would otherwise be hidden.

59
Q

Types of Discovery

A

Depositions & Interrogatories

60
Q

Deposition

A

Sworn testimony by party (plaintiff or defendant) or individual related to lawsuit under oath.

61
Q

Depositions are recorded, and that recording can be used if a ____________ is unable to _____________ at _______________.

A

witness; appear; trial

62
Q

Interrogatories

A

Written questions w/ answers prepared by party to lawsuit, signed under oath.

63
Q

E-evidence

A

computer-generated, electronically-recorded evidence

64
Q

Metadata is recorded ___________ information that provides information about ________ created a file, __________ it was created, and who has __________, ___________, or _____________ it.

A

electronic; who; when; accessed, modified, transmitted

65
Q

Voire Dire

A

Questioning by Judge and lawyers to observe potential bias among jurors.

66
Q

Challenge for Cause

A

remove juror based on evidence shown to judge as to why they shouldn’t serve.

67
Q

Peremptory Challenge

A

removing juror w/o giving reason as to why.

68
Q

Motion for a Directed Verdict

A

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.

69
Q

Award

A

Monetary compensation given to plaintiff at the end of the trial.

70
Q

motion for judgement n.o.v

A

“motion for judgement notwithstanding the verdict”

Judge will only enter this verdict if jury’s verdict was clearly errouneous.

71
Q

Motion for New Trial

A

Request from losing party to set aside adverse decision and hold a new trial.

72
Q

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.

A

brief; facts; judge’s; jury’s; law; arguments

73
Q

Docket

A

schedule of cases to be heard.

74
Q

Alternative Dispute Resolution (ADR)

A

Parties resolving disputes outside of court through…
1) Negotiation
2) Mediation
3) Arbitration

75
Q

Negotiation

A

Parties settle dispute informally w/ or w/o attorneys present.

76
Q

Mediation

A

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.
77
Q

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.

A

Mediator’s proposal; NOT; disputants; standing

78
Q

Arbitration

A

Form of ADR

Parties settle legal dispute by submitting it third party arbitors, who will render a decision.

79
Q

Decisions made by arbitors are usually _______________ __________, however, parties may opt for _____-________________ arbitration. Arbritration mandated by courts is most often _____-_____________.

A

legally bindng; non-binding; non-binding

80
Q

Arbitration Clause

A

placed in contracts; parties in contract agree to settle disputes through arbitration instead of going through court system.

81
Q

_________________ 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’ ____________.

A

abritrability; arbitration; arbitration; arbitration; contract

82
Q

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 ___________.

A

employement; enforceable; waivers; disputes; controversies; arbitration

83
Q

Summary Jury Trial

A

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).

84
Q

Online Dispute Resolution (ODR)

A

Parties resolve legal disputes through dispute services via the Internet

BLAW 220 (17 decks)

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