Chapter 2 The Court System and Dispute Resolution Flashcards
Tribunal est’d by gov’t to hear evidence, decide cases brought before it and provide remedies when a wrong has been committed
Court
The authority of courts to hear cases
Jurisdiction
Cover the type of cases the court has the authority to hear
Subject Matter Jurisdiction
Courts that have the authority to hear the original proceedings in a case (the trial court)
Original Jurisdiction
Court has the authority to hear civil and criminal cases
General Jurisdiction
Court has the authority to hear only particular kinds of cases
Limited or Special Jurisdiction
Court reviews the work of a lower court
Appellate Jurisdiction
A review of the trial and decision of the lower court
Appeal
A mistake in applying the law or a mistake in admitting evidence that affected the outcome of the case
Reversible Error
The general trial courts of the federal system; courts of original jurisdiction that hear both civil and criminal matters
Federal District Courts
Decisions made by the full panel of judges of the federal circuit’s court of appeals
En Banc Decisions
A preliminary review of those cases appealed to decide whether a case will be heard of allowed to stand as ruled on by the lower courts
Writ of Certiorari
The party that initiates the proceedings in a court of original jurisdiction
Plaintiff
In a criminal case in which charges are brought the party initiating the proceedings
Prosecutor
The party against whom the civil or criminal proceedings are brought
Defendant
The primary officer of the court; and is either an elected or an appointed official who presides over the matters brought before the court
Judge
Privilege of confidentiality between lawyers and clients
Attorney-Client Privilege
A body of citizens sworn by a court to reach a verdict on the basis of the case presented to them
Jury
The filing of which begins a law suit; generally contains a description of the wrongful conduct and a request for damages i.e. a monetary amount
Complaint
(writ, notice, or summans) delivered to the defendant and includes a copy of the complaint and notification that the defendant must appear and respond to the allegations
Process
Defendant must respond to the complaint with in the time provided under the court’s rules after he is served with process
Answer
Could be made by defendant; request to the court to dismiss the lawsuit on the grounds that, even if everything the plaintiff said in the complaint were true, there is still no right of recovery; also called a demurrer
Motion to Dismiss
Asking the court for damages as a result of the underlying dispute
Counterclaim
All documents filed in the initial phase of the case; a statement of the case and the basis for recovery if all the facts alleged can be proved
Pleadings
Federal rules of civil procedure permit one party to obtain from the adverse party information about all witness docs and any other items relevant to the case; requires each side to name its potential witnesses and provide each side the chance to question those witnesses in advance of the trial
Discovery
The testimony of a witness taken under oath outside the courtroom; transcribed by the court reporter
Deposition
Discovery requests that can very time consuming to the answering party and often lead to pretrial legal disputes between the parties and their attorneys as a result of the legal expenses involved
Interrogatories and Requests for Production of Documents
Can be filed by either party if a case has no material facts in dispute
Motion for Summary Judgement
A witness who has some special expertise
Expert Witness
Jury selection
Voir Dire Examination
A challenege that is used to strike a juror for any reason except on racial grounds
Peremptory Challenge
Granted by a court if the verdict is clearly wrong a matter of law
Judgement non obstante veredicto
Arbitrators (disinterested persons selected by te parties to the dispute) hear evidence and determine a resolution; a means of avoiding expensive litigation
Arbitration
A neutral person acts as a messenger between opposing sides of a dispute, carrying to each side the latest settlement offer made by the other
Meditation
A dry-run or mock-trial in which the lawyers present their claims before a jury of 6 persons
Summary Jury Trial
