Chapter 3 - Courts, Litigation, and Alternative Dispute Resolution Flashcards
Define Litigation
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.
Define Alternative Dispute Resolution
Resolving disputes out of court, through formal or informal processes
Define Mediation
A form of ADR in which a neutral third party guides the disputing parties toward a voluntary settlement
Define Arbitration
A form of ADR in which a neutral third party has the power to impose a binding decision
Define Litigator
A Lawyer who handles court cases
Define Negotiation
In terms of ADR can happen through Mediation or Arbitration.
Define Discovery
The pre-trial opportunity for both parties to gather information relevant to the case
Define Federal Courts
Courts that serve the whole country
Define State Courts
Courts that serve a specific state.
Define Trial Courts
Determine the facts and apply to them the law given by appellate courts
Define Jurisdiction
A court’s power to hear a case
Define Subject Matter Jurisdiction
Requirement that the court has the authority to hear a particular type of case.
Define Personal Jurisdiction
Requirement that court has legal authority to require the defendant to stand trial, pay judgement, and the like.
What general type of court is the only one that hears testimony from witnesses and receives evidence?
Trial Courts
When does a court’s personal jurisdiction exist?
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.
Define Summons
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
Define Served
Being delivered a document in a formal manner to the person to whom it was addressed
Define Long-Arm Statute
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.
Define Appellate Courts. What are their characteristics? 6
- 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.
Define Appelant
The party filing the appeal (the party that loses at the trial court)
What is the minimum number of judges needed to hear a case in appellate court?
Three
Define Appellee
The party opposing an appeal
Define Federal Question Case
A claim based on the US Constitution, a federal statute, or a federal treaty.
Define Diversity Case
A lawsuit which the plaintiff and defendant are citizens of different states AND the amount in dispute exceeds $75,000
How many districts is the nation divided up into for the purposes of district court?
94 districts
Define Pleadings
The documents that begin a lawsuit, consisting of a complaint, the answer, and sometimes a reply.
Define Complaint
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.
Define Answer
The defendant’s response to the complaint
Define Default Judgement
A decision that the plaintiff in a case wins without going to trial
Define Class Action
A suit filed by a group of plaintiffs with related claims.
Define Deponent
A person being questioned in a deposition
What are the most important forms of Discovery?
Interrogatories, Depositions, Product of Documents and Things, Physical and Mental Examination, & E-Discovery
Define Motion
A formal request to the court
Define Motion to Compel Discovery
Request to the court for an order requiring the other side to answer discovery
Define Motion for a Protective Order
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.
Define Summary Judgement
A ruling that no trial is necessary because essential facts are not in dispute
Define Adversary System
A system based on the assumption that if two sides present their best cases before a neutral party, the truth will be established
Define Burden of Proof
The obligation to convince the jury that a party’s version of the case is correct
Define Preponderance of the Evidence
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.
Define Beyond a Reasonable Doubt
The government’s burden in a criminal prosecution
Define Direct Examination
When a lawyer asks questions of his or her own witness
Define Cross-Examination
A lawyer asks questions of an opposing witness
Define Precedent
Earlier Decisions be a court on similar or identical issues, on which subsequent court decisions can be based.
Define Affirm
To allow a court decision to stand as is
Define Reverse and Remand
To nullify a lower court’s decision and return a case to trial.
Define Reverse
To rule that the loser in a previous case wins, with no new trial.
What are the two major kinds of courts found in both the state court system and the federal court system?
Trial Courts & Appellate Courts
What landmark case wad decided about ‘minimum contacts’ with a state.
International Shoe Co. V State of Washington
What are the two types of civil cases permitted in federal court?
Federal Question Cases &
Diversity Cases
What are the two kinds of appellate courts at the state level.
State Supreme Court & Appeal Courts
What are the two major types of lower state courts?
Trial Courts of General Jurisdiction & Trial Courts of Limited Jurisdiction
What are the two state courts that fall under ‘Trial Courts of General Jurisdiction’?
General Civil Division & General Criminal Division
What are the 6 state courts that fall under ‘Trial Courts of Limited Jurisdiction’?
Small Claims Division Municipal Division Juvenile Division Probate Division Land Division Domestic Relations Division
(Possible) Steps in litigation
Pleadings Complaint Answer Class Actions Discovery Summary Judgement
Define Modify
To let a court decision stand, but with changes.
Name the steps in Trial - 6
Opening Statements Burden of Proof Plaintiff's Case Defendant's Case Closing Argument Verdict
When do a plaintiff or defendant have a right to demand a jury trial?
When the lawsuit is for money damages.
What does it mean to have informal jury deliberations?
All jurors are entitled to voice their opinion.
What are the options the court of appeals has?
Affirm, Modify, Reverse and Remand, or Reverse
What are interrogatories?
Written questions that the opposing party must answer, in writing, under oath
What are depositions?
The change for one party’s lawyer to question the other party, or a potential witness, under oath. Lawyers from both parties are present.
What is the production of documents and things?
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
What is a physical and mental examination?
A party may ask the court to order an examination of the other party, physically or mentally, if it is relevant to the case.
What is E-discovery?
When a party asks the opposition to produce electronic documents
