Chapter 3 Flashcards
What is a lexicon?
A dictionary of legal terms
What is jurisprudence?
The philosophy or science of law, deals with the principles of law and legal relationships
What does the “bar” refer to?
All members of the legal profession
What does the “bench” refer to?
a court of law
What is a “jurist”?
a person who has a thorough knowledge of the law and who has written extensively on legal subjects
What is a “juror”?
a person who sits in on a jury
Can someone appear in court and act on their own behalf?
Yes, it is called “propria persona,” or “pro per,” or “pro se”
What does a “long arm statute” do?
It permits a state to obtain jurisdiction over nonresident individuals and corporations
Under this statute, one must demonstrate that they are a nonresident of that state and had sufficient contacts within the state to justify the jurisdiction
What are courts of the “first instance” or “trial courts”?
Courts having original jurisdiction
What are courts having appellate jurisdiction?
Reviewing courts (appeals)
What cases do federal courts have exclusive jurisdiction to?
Cases involving federal crimes, bankruptcy, patents, trademarks, and copyrights
What cases do state courts have exclusive jurisdiction to?
Cases involving subject matters, such as divorce, adoptions, and probate matters
What does “venue” mean?
the locality where a crime is committed, or a legal action occurs
What does a “standing to sue” mean?
It means the individual must have a sufficient stake in a controversy before they can bring a lawsuit.
How to choose a court:
- Review the jurisdiction of each court
- Evaluate the strengths and weaknesses of the case
- Evaluate the remedy sought
- Evaluate the jury pool available for each court (if seeking a jury trial)
- Evaluate the likelihood of winning in each court
- Evaluate the length of time it will take each court to decide the case
Define US Supreme Court
The highest court in the federal judicial system. Composed of a chief justice and eight associate justices. This court has final jurisdiction in matters tried in the lower federal courts and can also hear certain cases on appeal from the highest courts in the state systems if a constitutional question of federal law is involved.
What is the US Court of Appeals?
An appellate court. Reviews cases from lower federal courts. There are currently 13 judicial circuits, each of which has a US Court of Appeals.
Define the US District Court
A federal trial court or a federal court of original jurisdiction. The court in which a case is first tried in the federal court system.
Define special courts
There are several special US courts that have limited jurisdiction, including the Court of Claims, the Court of Customs and Patent Appeals, and the Tax Court.
Define a Supreme court
The highest court in most state court systems. Certain cases decided in a state suprreme court may be appealed to the US Supreme Court if a constitutional question of federal law is involved.
What is ADR?
Alternate Dispute Resolution
What are the ADR methods for settling disputes outside the court system?
negotiation, mediation, and arbitration
What is negotiation?
Where disputing parties, with or without the assistance of attorneys, meet informally to resolve the dispute out of court
What is mediation?
A method of settling disputes outside court using the services of a neutral third party, who acts as a communicating agent between the parties.
This method is less formal than arbitration, and the mediator does not need to be a lawyer.
What is arbitration?
It is the more formal method. There is a third party hearing the dispute who normally makes the decision, wherein the arbitrator becomes a private judge.
Arbitration clauses and statutes are frequently used in commercial matters, and are now being used more often in medical applications.
What does an arbitration clause in a contract provide?
In the event of a dispute, the parties will determine their rights by arbitration rather than through the judicial system
What does the Federal Arbitration Act (FAA) of 1925 enforce?
It enforces arbitration clauses in contracts relating to interstate commerce between two or more states
What is the first step in the arbitration process?
The submission agreement where the parties agree to submit the dispute for arbitration. In most states, this must be in writing.
What is the second step in the arbitration process?
The hearing process. Parties begin as they would at a trial with opening arguments to the arbitrator and stating the desired remedies. Witnesses may be called, evidence provided, and closing arguments stated. The arbitrator(s) reach(es) the final decision which is called an “award”
What is judicial review?
Do the words subject matter have any relevance to the types of cases a court can hear?
