Chapter 3 Flashcards
Jurisdiction
power or authority of a court to hear and decide a given case
2 things of jurisdiction needed
- Jurisdiction over the parties of a lawsuit (in personam)
2. Jurisdiciton over subject matter
In Rem Jurisdiction
where property is located
Quasi In Rem
bankruptcy, sell house, all about the house… must sue where asset is located
Exclusive Federal
copyright patents, trademark, antitrust, bankruptcy, federal crimes, disputes between states
Concurrent Cases
can go to state or federal, amount greater than 75,000 and diversity
Exclusive Sate
Property less than 75,000
Family cases
Contracts
State crimes
ADR
- alternative to court
- confidential
- less money, less time
Arbitration
Parties select neutral 3rd person to decide a binding decision after hearing both arguments and evidence
Mediaiton
Mediator helps them to reach a voluntary agreement resolving their disagreement (non binding)
Conciliation
Non Binding process in which the conciliator (3rd party) is selected by the disputing parties in attempts to get them to reach a mutually acceptable agreement
Intellectual Property
Copyright
Patent
Trademark
Federal Courts
- district- most cases
- appeals- appeals from district courts
- supreme court- reviews decisions of court of appeals
State Courts
- inferior trial courts- decide the least serious criminal and civil matter, conduct preliminary hearings in more serious criminal cases
- Trial courts-do not have dollar limitation on jurisdiction and hear all criminal cases other than minor offenses
- Appellate courts- court of appeals
Pretrial Procedures
process requiring the parties to disclose the evidence available, this is designed to encourage settlement of the case or make trial more efficient
Trial
determines facts and outcomes of a case
Appeal
Determines whether trial court committed prejudicial error
Enforecement
plaintiff that has not gotten paid can have the sheriff seize property of the defendants
Stare Decisis
doctrine that once a court has laid down a principle of law applied to a certain state of facts, it will stick to its ruling and apply it to all future cases with the same facts
Long Arm Statutes
allow courts to obtain jurisdiction over nonresident defendants
Due Process
Fair hearing, Notice
