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BUS 130 Legal > Chapter 2 : The Court and Dispute > Flashcards

Chapter 2 : The Court and Dispute Flashcards

1
Q

Business disputes can be resolved in court or ..

A

alternative dispute resolution

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2
Q

What is a court , what does it do

A

it is a tribunal established by the government to hear evidence, decide cases brought before it, and provide remedies when a wrong has been committed

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3
Q

How can courts sometimes prevent wrongs

A

issuing the equitable remedy of an injunction

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4
Q

What is the authority of courts to hear a case(s)

A

jurisdiction

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5
Q

What does subject matter jurisdiction cover

A

the type of case the court has authority to hear

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6
Q

What is original jurisdiction

A

courts that have the authority to hear the original proceedings of a case (the trial court)

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7
Q

Witnesses testify documents are admitted into evidence, and the jury, in the case of a jury trial, hears all the evidence and then makes a decision.

This is an example of what

A

original jurisdiction

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8
Q

General jurisdiction

A

has broad authority to hear general civil and criminal cases

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9
Q

What does a general jurisdiction serve if the trial court hears criminal cases

A

it serves as the trial court for those charged with crimes

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10
Q

What does a general jurisdiction serve if the trial court hears civil cases

A

they handle cases involving breach of contract and personal injury

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11
Q

A court with limited or special jurisdiction has the authority to what

A

to only hear particular kinds of cases

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12
Q

Many states have courts that can hear only disputes in which the damages are between $10,000 and $50,000.

What kind of jurisdiction handles this

A

special/limited jurisdiction

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13
Q

Examples of special and limited jurisdiction courts

A

probate court, juvenile court , and domestic relations court

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14
Q

What are the limited and special jurisdiction in the federal court

A

bankruptcy courts and US tax court

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15
Q

Appellate jurisdiction

A

reviews the work of the lower court

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16
Q

An appellate court does and does not

A

does not hear witnesses or take testimony

they simply review the transcript and evidence from a lower court and determine weather there has been a reversible error

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17
Q

An appeal is a

A

review of the trial and decision of the lower court

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18
Q

Reversible Error

A

a mistake in applying the law or mistake in admitting evidence that affected the outcome of the case

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19
Q

Action taken by an appellate court that approves the decision of the court below.

A

affirm

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20
Q

Term used when an appellate court sends a case back to trial court for additional hearings or a new trial.

A

remand

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21
Q

How many levels of courts are in the federal court system

A

3

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22
Q

The federal district courts are the

A

general trial courts of the federal system

courts of original jurisdiction that hear criminal and civil cases

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23
Q

Criminal cases in federal district courts are those in which the defendant is charged with a violation of…

A

FEDERAL law

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24
Q

What types of civil cases can be bought in federal district courts

A

civil suits in which US is a party

cases between citizens of different states that involve damages of $75,000 or more

cases under USC or federal laws and treaties

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25
How many federal district courts are there
94 (89 in the US) amount of federal courts per state depends on population
26
The limited jurisdiction in federal courts includes
federal bankruptcy courts, indian tribal courts, tax courts, court of federal claims, court of veterans appeals, and court of international trade
27
In the federal court system during a final decision/appeal, the federal districts are grouped how
in 12 judicial circuits including the 13th called the federal circuit which hears certain types of appeals from all the circuits including patent appeals
28
en banc
requesting full panel to hear your case (3 judges)
29
The U.S. Supreme Court has appellate jurisdiction over cases that are appealed from the _________ as well as from __________ when a constitutional issue is involved in the case or a ___________
federal court of appeals state supreme courts state court has reversed a federal court ruling.
30
Writ of Certiorari
the U.S. Supreme Court granting a right of review by the court of a lower court decision. (because they don't have
31
What is the only court expressly created in the constitution
US constitution
32
All other courts besides the US constitution were created by what
Congress
33
The US constitution make the US Supreme Court of what jurisdiction
original
34
What general trial courts are part of the state court system?
superior courts, circuit courts, district courts or county courts these courts have original and general jurisdiction
35
states with specialty courts have what jurisdiction
limited most states have juvenile courts, or courts with limited jurisdiction over criminal matters that involve defendants who are under the age of 18. Other specialty courts or lesser courts in state systems are probate and family law courts.
36
Municipal courts / justice courts
limited jurisdiction these courts handle civil matters in which the claim made in the suit is an amount below a certain level these courts may also handle misdemeanor types of offenses such as traffic violations, noise
37
Small claims courts
city or county level courts that resolve disputes between parties when those disputes do not exceed a minimal level; no lawyers are permitted; the parties represent themselves.
38
What are benefits of small claims court
faster and inexpensive
39
State Appellate Courts
appellate jurisdiction reviews decisions of lower courts in that state decisions of the general trial courts in a state would be appealed to these courts.
40
Highest court in most states
state Supreme Court
41
State Supreme Court
every state is different with its jurisdiction the decision of the state Supreme Court is final
42
Court Procedure
Once a party decides to use the court system for resolution of a dispute, that party enters a world with specific rules, procedures, and terms that must be used to have a case proceed.
43
Plaintiff
party who initiates a lawsuit ( in a court of original jurisdiction)
44
Prosecutor
party(lawyer) who originates a criminal proceeding against defendant
45
Defendant
party against who is charged for the violations (the accused )
46
Judge
Primary officer of court
47
Attorney Client Privilege
Lawyers cannot disclose what their clients tell them unless the client is committing, or plans to commit a crime.
48
Jury
a body of citizens sworn by a court to determine by verdict the issues of fact submitted to them.
49
Conflict of laws
principle that determines when a court applies the laws of its own state , the law of the forum, or a foreign law EX a California court will apply Swiss law to a contract made in Switzerland that is to be performed in that country.
50
How does a lawsuit begin
with the file of a complaint
51
Process ( writ, notice, summons)
paperwork served personally on a defendant in a civil case
52
Steps in order for a lawsuit
complaint, serve process defendant's response and pleading discovery deposition
53
What are defendants options for response to process
motion to dismiss/demurrer deny counterclaim
54
Motion to Dismiss / Demurrer
request the court to dismiss the lawsuit even if everything the plaintiff said was true there is no reason for right of recovery
55
Counterclaim
asking court for damages as a result of dispute
56
Pleadings
The pleadings are a statement of the case and the basis for recovery if all the facts alleged can be proved
57
Discovery
procedures for ascertaining facts before the time of trial to eliminate the element of surprise in litigation.
58
Deposition
testimony of a witness taken out of court under oath
59
Impeach
using prior inconsistent evidence to challenge the credibility of a witness
60
interrogatories
written questions for discovery tool that must be answered under oath
61
Request for production of documents
uncovering paper evidence (used for discovery)
62
Motion for Summary Judgement
request that the court decide a case on the basis of law because there are no material issues of facts.
63
Expert Witness
witness with special expertise
64
Order of Steps in the Trial
Selecting a Jury Opening Statments Present Evidence Motion for a Directed Verdict Closing Arguments or Summation Motion for Mistrial Jury Instructions and Verdict Motion for New Trial
65
Voir Dire examination (jury selection)
Jurors drawn for service are questioned by the judge and lawyers to determine whether they are biased or have any preformed judgments about the parties in the case.
66
Peremptory Challenge
challenge that is used to strike (remove) a juror for any reason except on racial grounds.
67
Opening Statements
statements by opposing attorneys that tell to the jury what their cases will prove.
68
Admissibility
the quality of the evidence in a case that allows it to be presented to the jury.
69
Direct Examination
examination of a witness by his/her attorney. plaintiff conducts this of his witness
70
Cross Examination
the examination made of a witness by the attorney for the adverse party. defense attorney conducts this to plaintiffs witness
71
Redirect Examination
questioning after cross examination
72
Recross Examination
after redirect examination
73
Motion for a Directed Verdict
asks the court to grant a verdict because even if all the evidence that has been presented by each side was true, there is either no basis for recovery or no defense to recovery. the party has not presented enough evidence to show that there is some right of recovery under the law.
74
Summation
closing arguments- a summary of the case and urging of jury to reach a particular verdict
75
Mistrial
requires a do-over = new jury can be declared for attorney or jury misconduct
76
instructions (for Jurys)
summary of the law given to jurors by the judge before deliberation begins.
77
non obstante veredicto or judgement nov (notwithstanding of verdict)
if the verdict is clearly wrong as a matter of law
78
Alternative Dispute Resolution
nonjudicial methods for resolving disputes such as arbitration and mediation.
79
Arbitration
Arbitration enables the parties to present the facts before trained experts familiar with the industry practices that may affect the nature and outcome of the dispute. arbitrators are disinterested people selected by the parties to the dispute
80
Mediation
the settlement of a dispute through the use of a messenger who carries to each side of the dispute the issues and offers in the case. mediator has no authority on decision
81
Reference to a third person
settlement that allows a nonparty to resolve the dispute.
82
Summary jury trial
mock trial for the jury to get a feel for how it works
83
Rent a judge plan
dispute resolution through private courts with judges paid to be referees for the cases.
84
Minitrial
a trial held on portions of the case or certain issues in the case.

BUS 130 Legal (6 decks)

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