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Legal & Regulatory Aspects of FP > Chapter 3 - Courts, Litigation, and Alternative Dispute Resolution > Flashcards

Chapter 3 - Courts, Litigation, and Alternative Dispute Resolution Flashcards

1
Q

Define Litigation

A

The process of resolving disputes in court. Refers to lawsuits, the process of filing claims in court, trying the case, and living with the court’s ruling.

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2
Q

Define Alternative Dispute Resolution

A

Resolving disputes out of court, through formal or informal processes

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3
Q

Define Mediation

A

A form of ADR in which a neutral third party guides the disputing parties toward a voluntary settlement

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4
Q

Define Arbitration

A

A form of ADR in which a neutral third party has the power to impose a binding decision

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5
Q

Define Litigator

A

A Lawyer who handles court cases

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6
Q

Define Negotiation

A

In terms of ADR can happen through Mediation or Arbitration.

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7
Q

Define Discovery

A

The pre-trial opportunity for both parties to gather information relevant to the case

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8
Q

Define Federal Courts

A

Courts that serve the whole country

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9
Q

Define State Courts

A

Courts that serve a specific state.

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10
Q

Define Trial Courts

A

Determine the facts and apply to them the law given by appellate courts

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11
Q

Define Jurisdiction

A

A court’s power to hear a case

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12
Q

Define Subject Matter Jurisdiction

A

Requirement that the court has the authority to hear a particular type of case.

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13
Q

Define Personal Jurisdiction

A

Requirement that court has legal authority to require the defendant to stand trial, pay judgement, and the like.

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14
Q

What general type of court is the only one that hears testimony from witnesses and receives evidence?

A

Trial Courts

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15
Q

When does a court’s personal jurisdiction exist?

A

The defendant is a resident of the state in which the lawsuit is filed
OR
The defendant files documents in court, such as an answer to the complaint
OR
A summons is served on a defendant
OR
The long-arm statute applies.

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16
Q

Define Summons

A

A court’s written notice that a lawsuit has been filed against the defendant. The summons must be delivered to the defendant when she is physically within the state in which the lawsuit is filed

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17
Q

Define Served

A

Being delivered a document in a formal manner to the person to whom it was addressed

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18
Q

Define Long-Arm Statute

A

The statutes typically claim jurisdiction over someone who does not live in a state but commits a tort, signs a contract, causes foreseeable harm, or conducts “regular business actives” there. Under the Due Process Clause of the Constitution, courts can use the long arm-statutes only if a defendant has had minimum contacts with the state. In other words, it is unfair to require a defendant to stand trial in another state if he has no meaningful interaction with that state.

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19
Q

Define Appellate Courts. What are their characteristics? 6

A
  • A court where three or more judges hear the case.
  • There are no juries ever.
  • These courts do not hear witnesses or take new evidence.
  • They hear appeals of cases already tried before.
  • They generally accept the facts given to them by trial courts
  • ->They review the trial record to see if the court make errors of law.
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20
Q

Define Appelant

A

The party filing the appeal (the party that loses at the trial court)

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21
Q

What is the minimum number of judges needed to hear a case in appellate court?

A

Three

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22
Q

Define Appellee

A

The party opposing an appeal

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23
Q

Define Federal Question Case

A

A claim based on the US Constitution, a federal statute, or a federal treaty.

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24
Q

Define Diversity Case

A

A lawsuit which the plaintiff and defendant are citizens of different states AND the amount in dispute exceeds $75,000

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25
Q

How many districts is the nation divided up into for the purposes of district court?

A

94 districts

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26
Q

Define Pleadings

A

The documents that begin a lawsuit, consisting of a complaint, the answer, and sometimes a reply.

27
Q

Define Complaint

A

The pleading that starts a lawsuit, this is a short plain statement of the facts alleged by the plaintiff, and his or her legal claims.

28
Q

Define Answer

A

The defendant’s response to the complaint

29
Q

Define Default Judgement

A

A decision that the plaintiff in a case wins without going to trial

30
Q

Define Class Action

A

A suit filed by a group of plaintiffs with related claims.

31
Q

Define Deponent

A

A person being questioned in a deposition

32
Q

What are the most important forms of Discovery?

A

Interrogatories, Depositions, Product of Documents and Things, Physical and Mental Examination, & E-Discovery

33
Q

Define Motion

A

A formal request to the court

34
Q

Define Motion to Compel Discovery

A

Request to the court for an order requiring the other side to answer discovery

35
Q

Define Motion for a Protective Order

A

When a party asks the judge to limit the amount of depositions requested because the initial request had too many, and would take lots of time and money and be a burden.

36
Q

Define Summary Judgement

A

A ruling that no trial is necessary because essential facts are not in dispute

37
Q

Define Adversary System

A

A system based on the assumption that if two sides present their best cases before a neutral party, the truth will be established

38
Q

Define Burden of Proof

A

The obligation to convince the jury that a party’s version of the case is correct

39
Q

Define Preponderance of the Evidence

A

The standard of proof required for a civil case. It means the plaintiff’s version of the facts is slightly more likely than the defendant’s version.

40
Q

Define Beyond a Reasonable Doubt

A

The government’s burden in a criminal prosecution

41
Q

Define Direct Examination

A

When a lawyer asks questions of his or her own witness

42
Q

Define Cross-Examination

A

A lawyer asks questions of an opposing witness

43
Q

Define Precedent

A

Earlier Decisions be a court on similar or identical issues, on which subsequent court decisions can be based.

44
Q

Define Affirm

A

To allow a court decision to stand as is

45
Q

Define Reverse and Remand

A

To nullify a lower court’s decision and return a case to trial.

46
Q

Define Reverse

A

To rule that the loser in a previous case wins, with no new trial.

47
Q

What are the two major kinds of courts found in both the state court system and the federal court system?

A

Trial Courts & Appellate Courts

48
Q

What landmark case wad decided about ‘minimum contacts’ with a state.

A

International Shoe Co. V State of Washington

49
Q

What are the two types of civil cases permitted in federal court?

A

Federal Question Cases &

Diversity Cases

50
Q

What are the two kinds of appellate courts at the state level.

A

State Supreme Court & Appeal Courts

51
Q

What are the two major types of lower state courts?

A

Trial Courts of General Jurisdiction & Trial Courts of Limited Jurisdiction

52
Q

What are the two state courts that fall under ‘Trial Courts of General Jurisdiction’?

A

General Civil Division & General Criminal Division

53
Q

What are the 6 state courts that fall under ‘Trial Courts of Limited Jurisdiction’?

A 
Small Claims Division
Municipal Division
Juvenile Division
Probate Division
Land Division
Domestic Relations Division
54
Q

(Possible) Steps in litigation

A 
Pleadings
  Complaint
  Answer
  Class Actions
  Discovery
  Summary Judgement
55
Q

Define Modify

A

To let a court decision stand, but with changes.

56
Q

Name the steps in Trial - 6

A 
Opening Statements
Burden of Proof
Plaintiff's Case
Defendant's Case
Closing Argument
Verdict
57
Q

When do a plaintiff or defendant have a right to demand a jury trial?

A

When the lawsuit is for money damages.

58
Q

What does it mean to have informal jury deliberations?

A

All jurors are entitled to voice their opinion.

59
Q

What are the options the court of appeals has?

A

Affirm, Modify, Reverse and Remand, or Reverse

60
Q

What are interrogatories?

A

Written questions that the opposing party must answer, in writing, under oath

61
Q

What are depositions?

A

The change for one party’s lawyer to question the other party, or a potential witness, under oath. Lawyers from both parties are present.

62
Q

What is the production of documents and things?

A

When each side asks the other to produce relevant documents for inspection and copying; to produce physical objects; and for permission to enter on land to make an inspection

63
Q

What is a physical and mental examination?

A

A party may ask the court to order an examination of the other party, physically or mentally, if it is relevant to the case.

64
Q

What is E-discovery?

A

When a party asks the opposition to produce electronic documents

Legal & Regulatory Aspects of FP (26 decks)

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