Chapter 3 Flashcards
The process by which a court decides on the constitutionality of legislative enactments and actions of the executive branch.
Judicial Review
The authority of a court to hear and decide a specific case.
Jurisdiction
Jurisdiction over any person or business that resides in the area.
ie. State Trial Court, State Supreme Court
In Personam Jurisdiction
Jurisdiction over the thing.
Over property that is located within the boundaries.
In Rem Jursidiction
A state statute that permits a state to exercise jurisdiction over nonresident defendants based on activities that took place within the state.
Before exercising this over a nonresident, the court must be convinced that the defendant had sufficient contacts or minimum contacts with the state to justify jurisdiction.
Long Arm Statute
A state court of limited jurisdiction that conducts proceedings relating to the settlement of a deceased person’s estate.
Probate Court
A federal court or limited jurisdiction that handles only bankruptcy proceedings, which are governed by federal bankruptcy law.
Bankruptcy Court
Usually defined in the statute or constitution creating the court.
This type of jurisdiction can be limited by the following:
- ) lawsuit subject
- ) sum in controversy
- ) if the case involves a felony or misdomeaner
- ) if the proceeding is a trial or an appeal
Subject Matter Jursidiction
A question that pertains to the US Constitution, an act of Congress, or a treaty and provides a basis for federal jurisdiction in a case.
Federal Question
A basis for federal court jurisdiction over a lawsuit between citizens of different states or a lawsuit involving a US citizen and a citizen of another country.
Diversity of Citizenship
Jurisdiction that exists when two different courts have the power to hear a case.
Both courts, federal and state, have the power to hear a case.
Concurrent Jurisdiction
Jurisdiction that exists when a case can be heard only in a particular court or type of court.
Either federal or state have the power to hear a case.
Exclusive Jurisdiction
Determines when the exercise of jurisdiction over an out of state defendant is proper.
It IDs 3 types of internet business contacts and outlines the following rules for jurisdiction:
If business conducts
- ) “ substantial business
- ) “ some activity
- ) “ passive advertising
Sliding Scale Standard
Geographic district in which a legal action is tried and from which the jury is selected.
In a civil case, court will happen where the case occurred or where the defendants reside.
In a criminal case, court will happen where the crime was committed.
Venue
The legal requirement that an individual must have a sufficient stake in a controversy before they can bring a lawsuit.
Standing to Sue
A controversy that is not hypothetical or academic but real and substantial; must me satisfied before a court will hear a case.
Justiciable Controversy
A special inferior trial court of limited jurisdiction in which parties can litigate small claims without an attorney, usually involving claims less than a certain amount.
Small Claims Court
In a lawsuit, an issue that involves only disputed facts, and not what the law is on a given point.
Question of what really happened.
Question of Fact
In a lawsuit, an issue involving the application or interpretation of a law.
Question of Law
13 of these courts
13th is called the Federal Circuit
Decisions made here are usually final
US Court of Appeals
Highest Level in the federal court system
All other courts are considered inferior
Has 9 justices
US Supreme Court
A writ from a higher court asking a lower court for the record of a case.
Writ of Certiorari
A rule in the US Sup. Court where the court will not issue a writ of certiorari unless at least four justices approve of the decision to issue the writ.
Rule of Four
The process of resolving a dispute through the court system.
Litigation
Statements by the plaintiff and the defendant that detail the facts, charges, and defenses of a case.
Pleadings
The pleading made by a plaintiff alleging a wrong doing on the part of the defendant. When filed in a court, this initiates a lawsuit.
Contains:
- ) Facts necessary for the court to make a jurisdiction
- ) Brief summary of the facts necessary
- ) Statement of the remedy sought
Complaint
The delivery of the complaint and summons to a defendant.
Service of Process
A document informing a defendant that a legal action has been commenced against them and that the defendant must appear in court on a certain date to answer or defend against the plaintiff’s claim.
Summons
A judgement entered by a court against a defendant who has failed to appear in court to answer or defend against the plaintiff’s claim.
Default Judgement
Procedurally, a defendant’s response to the plaintiff’s complaint.
Answer
A claim made by a defendant in a civil lawsuit against the plaintiff. In effect, the defendant is suing the plaintiff.
Counterclaim
Procedurally, a plaintiff’s response to a defendant’s answer.
Reply
This motion requests the court to dismiss the case for stated reasons such as: improper delivery of complaint and summons, improper venue, and plaintiff’s failure to state a claim in which the court can offer a relief.
Motion to Dismiss
This motion occurs when there is no dispute over the facts and the sole issue to be resolved is the Question of the Law.
Motion for Judgement on Pleadings
This motions leads to a judgement without proceeding to trial. Based on evidence outside the pleadings and will be granted if no facts are in dispute.
Motion for Summary of Judgement
Where the opposing parties obtain info from each other to prepare for trial.
Discovery
The testimony of a party to a lawsuit of witness taken under oath before a trial.
Deposition
A series of written questions for which written answers are prepared and then signed under oath. These are different than depositions because they are directed to a party and not a witness.
Interrogatories
A type of evidence that consists of computer generated or electronically recorded info.
E-Evidence
Data about data.
Metadata
Jury selection process. Includes questions about backgrounds, attitudes, and biases to see whether they can be in the jury.
Voir Dire
A motion for the judge to take the decision out of the jury’s hands on the grounds that the plaintiff provided no evidence that would justify the granting of a remedy.
Motion for Directed Verdict
The monetary compensation given to a party at the end of a trial or other proceeding.
Award
A motion to grant judgement in favor of the party making the motion on the grounds that the jury’s verdict against him or her was unreasonable and erroneous.
Motion for Judgement N.O.V.
A motion asserting that the trial was so fundamentally flawed that a new trail is needed to prevent a miscarriage of justice.
Motion for New Trial
A written summary or statement prepared by one side in a lawsuit to explain its case to the judge.
Brief
The appellate court does not hear evidence, but it reviews the record for errors of law. It has the following options:
- ) Affirm
- ) Reverse
- ) Remand
- ) Affirm / Reverse in part
- ) Modify
Appellate Review
The list of cases entered on a court’s calendar and thus scheduled to be heard by the court.
Docket
The resolution of disputes in ways other than those involved in the traditional judicial process, such as negotiation, mediation, and arbitration.
Alternative Dispute Resolution (ADR)
A process in which parties attempt to settle their dispute informally, with or without attorney’s to represent them.
Negotiation
A method of settling disputes outside the courts by using the services of a neutral 3rd party who acts as a communicating agent between the parties and assists them in negotiating a settlement.
Mediation
The settling of a dispute by submitting it to a disinterested 3rd party (other than a court) who renders a decision; legally binding or unbinding.
Arbitration
A clause in a contract that provides that, in the evidence of a dispute, the parties will submit the dispute to arbitration rather than litigate the dispute in court.
Arbitration Clause
A method of settling disputes by holding a trial in which the jury’s verdict is not binding but instead guides the parties toward reaching an agreement during the mandatory negotiations that immediately follow.
Summary Jury Trial
Parties select a neutral 3rd party (expert in the subject matter of the dispute) and explains respective positions to that person. Case evaluator assesses strengths and weaknesses of each party’s claims.
Early Neutral Case Evaluation
Attorneys of each party briefly argues the party’s case before the other party and a panel of representatives from each side who have the authority to settle dispute.
Mini Trial
The resolution of disputes with the assistance of organizations that offer dispute resolution services via the internet.
Online Dispute Resolution
