Chapter 2 The Court System and Dispute Resolution

Question 1

Tribunal est’d by gov’t to hear evidence, decide cases brought before it and provide remedies when a wrong has been committed

Answer 1

Court

Question 2

The authority of courts to hear cases

Answer 2

Jurisdiction

Question 3

Cover the type of cases the court has the authority to hear

Answer 3

Subject Matter Jurisdiction

Question 4

Courts that have the authority to hear the original proceedings in a case (the trial court)

Answer 4

Original Jurisdiction

Question 5

Court has the authority to hear civil and criminal cases

Answer 5

General Jurisdiction

Question 6

Court has the authority to hear only particular kinds of cases

Answer 6

Limited or Special Jurisdiction

Question 7

Court reviews the work of a lower court

Answer 7

Appellate Jurisdiction

Question 8

A review of the trial and decision of the lower court

Answer 8

Appeal

Question 9

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

Answer 9

Reversible Error

Question 10

The general trial courts of the federal system; courts of original jurisdiction that hear both civil and criminal matters

Answer 10

Federal District Courts

Question 11

Decisions made by the full panel of judges of the federal circuit’s court of appeals

Answer 11

En Banc Decisions

Question 12

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

Answer 12

Writ of Certiorari

Question 13

The party that initiates the proceedings in a court of original jurisdiction

Answer 13

Plaintiff

Question 14

In a criminal case in which charges are brought the party initiating the proceedings

Answer 14

Prosecutor

Question 15

The party against whom the civil or criminal proceedings are brought

Answer 15

Defendant

Question 16

The primary officer of the court; and is either an elected or an appointed official who presides over the matters brought before the court

Answer 16

Judge

Question 17

Privilege of confidentiality between lawyers and clients

Answer 17

Attorney-Client Privilege

Question 18

A body of citizens sworn by a court to reach a verdict on the basis of the case presented to them

Answer 18

Jury

Question 19

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

Answer 19

Complaint

Question 20

(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

Answer 20

Process

Question 21

Defendant must respond to the complaint with in the time provided under the court’s rules after he is served with process

Answer 21

Answer

Question 22

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

Answer 22

Motion to Dismiss

Question 23

Asking the court for damages as a result of the underlying dispute

Answer 23

Counterclaim

Question 24

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

Answer 24

Pleadings

Question 25

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

Answer 25

Discovery

Question 26

The testimony of a witness taken under oath outside the courtroom; transcribed by the court reporter

Answer 26

Deposition

Question 27

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

Answer 27

Interrogatories and Requests for Production of Documents

Question 28

Can be filed by either party if a case has no material facts in dispute

Answer 28

Motion for Summary Judgement

Question 29

A witness who has some special expertise

Answer 29

Expert Witness

Question 30

Jury selection

Answer 30

Voir Dire Examination

Question 31

A challenege that is used to strike a juror for any reason except on racial grounds

Answer 31

Peremptory Challenge

Question 32

Granted by a court if the verdict is clearly wrong a matter of law

Answer 32

Judgement non obstante veredicto

Question 33

Arbitrators (disinterested persons selected by te parties to the dispute) hear evidence and determine a resolution; a means of avoiding expensive litigation

Answer 33

Arbitration

Question 34

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

Answer 34

Meditation

Question 35

A dry-run or mock-trial in which the lawyers present their claims before a jury of 6 persons

Answer 35

Summary Jury Trial