Chapter 3 Flashcards
The control of a person or corporation by the court within its geographic region
In personam jurisdiction
The courts control over an object
In rem jurisdiction
The court can exercise Jurisdiction over out-of-state defendants if they had sufficient minimum contract to want it
Long arm statute
The trial court where the dispute takes place
original jurisdiction
Reviews the trial court’s decision for legal errors
Appellate jurisdiction.
The process for determining whether the decisions made by the executive and legislative branches are constitutional
Judicial review
When both the state and federal courts have jurisdiction to hear a case
Concurrent
Only state or federal court can hear the case
Exclusive
Review decisions of trial courts, review decisions of administrative agencies in commissions, issue orders to lower courts and litigants
US courts of appeal
Statements detailing the facts charges and defenses in case
Pleadings
A request to decide the issue solely on the pleadings without trial. The motion will be granted only if not facts are in dispute
Motion for judgment on the pleadings
A request to enter a judgment without a trial. The motion can be based on evidence outside the pleadings and will be granted only if not facts are in the dispute
Motion for summary judgment
Process by which parties obtain information from the opposing party prior to trial
Discovery
Sworn testimony recorded and transcribed by a court reporter
Depositions
Written questions and answers under oath
Interrogatories