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MGMT200 > Chapter 3: The Court System > Flashcards

Chapter 3: The Court System Flashcards

1
Q

Rule of law

A

Principle that decisions should be made by the application of established laws without the intervention of individual discretion

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2
Q

bias

A

a preconceived belief affecting neutrality

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3
Q

court

A
  • a government body that administers justice by applying laws to civil controversies and criminal offenses
  • public facilities
  • offer their taxsupported services free
  • independent of other branches of gov
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4
Q

trial courts

A
  • the initial court that hears evidence and applies the law to decided facts.
  • determine the facts of individual disputes
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5
Q

appellate court

A

review decisions of lower courts for correctness, consistency, and fairness

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6
Q

appellate jugdes

A

under common law system, have power to make new law

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7
Q

procedure of trial courts

A

(1) determine the facts of the disputes
(2) determine what rules of law should be applied to the facts
(3) apply those rules to the facts

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8
Q

plaintiff

A

in trial, the person trying to recover money damages or other relief from a defendant

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9
Q

damages

A

money awarded by a court to a plaintiff for injury or economic loss caused by the defendant

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10
Q

defendant

A

in a civil trial, the person from whom money damages or other relief is sought by the plaintiff
in a criminal court, the accused

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11
Q

lawsuit/ litigation

A

a court process at law or in equity to determine the legal merits of a controversy

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12
Q

civil dispute/ civil action/ civil lawsuit

A

a lawsuit commenced for the purpose of resolving a civic conflict
a private controversy between persons
not what involve criminal law

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13
Q

criminal dispute/ criminal action/ criminal case

A
  • brought by gov to determine whether an accused is guilty of an act commited against the public and in violation of a penal statue
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14
Q

defendant found to be responsible in

A
  • civil trial is called LIABLE

- criminal trial is called GUILTY

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15
Q

prosecutor in criminal case

A
  • from local gov unit represents the public on behalf of state
  • (federal crime) : an attorney from the Dep of Justice represents public.
  • only gov can prosecute a criminal action b/c crime prosecuted as public offenses against all society
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16
Q

kangaroo court

A
  • a farce trial - one that lacks proper procedure and fairness and where the outcome is predetermined. Origin of the term is thought to be the bizarre appearance of the animal after which it is named.
  • court are open to public
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17
Q

appeal

A

former request to a higher court to review any action of a lower court

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18
Q

appellate court

A

court that reviews decisions of prior courts for substantive and procedural correctness
- consist 3 or more judges (justices)

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19
Q

appellate court in civil cases

A
  • no automatic right to have the state’s highest court consider an appeal.
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20
Q

appellate court in criminal cases

A

the right to an appellate review by the state’s highest court is guaranteed.

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21
Q

How appellate court work?

A
  • works from verbatim record of what was said and what evidence was accepted in lower court.
  • do not listen to witnesses, accept new evidence, make new determinations of fact, or utilize a jury.
  • receives written briefs, prepared by lawyers, that contain legal arguments as to how the law was correctly or incorrectly stated or applied to the facts as presented to the trial court.
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22
Q

If appellate court concludes that the trial court erroneously applied or interpreted the law

A
  • they may modify or reverse the judgment
    or
  • enter new judgment
    or
  • remand (return) the case to the trial court for new trial
    or
  • others
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23
Q

jurisdiction

A
  • the power of a court to decide a controversy and to award appropriate relief
  • is about a plaintiff choosing the right place to sue and choosing the right court in that place, and about compliance with rules of fairness governing when a person must appear in court to defend.
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24
Q

jurisdiction is about

A

(1) political boundaries
(2) the type of dispute and dollar money involved
(3) persons and property

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25
Q

Fed and state court system

A

one for each of 50 states, 1 for fed

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26
Q

concurrent jurisdiction

A

the power of more than one court to hear a case

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27
Q

which court?

A
  • an injured victim has the right to bring suit in the courts of state where harm occurs.
  • a plaintiff also generally has the right to bring suit in the courts of state in which he is a resident.
  • a right may also exit to use a fed court when parties are citizens from diff states.Plaintiff may file an action in fed court if the claimed damage exceed 75000.
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28
Q

subject matter jurisdiction

A

the power of a court to hear and decide cases of the general type to which the subject in question belongs.

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29
Q

limited jurisdiction

A

limitation on a court as to the types of cases it can hear and decide (probate courts - only handle wills & estate matters)

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30
Q

general jurisdiction

A

a court that can hear and decide almost any type of case

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31
Q

venue

A

the local place, within the geographical boundaries of a larger jurisdiction, where a case is generally most appropriately tried.

  • French: “to come”
  • divorce: the county of family residence
  • automobile accident: county where accident occured or defendant resides.
  • breach of contract: where contract was made, or where it was breached, or where the defendant resides.
  • criminal cases: county in which the crime occurred, where defendant was apprehended
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32
Q

motion for change of venue

A

request to a judge by counsel to transfer the trial to a diff geographic location within the jurisdiction of the court.

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33
Q

in personam jurisdiction

A

the power of a court over a person

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34
Q

long-arm statue

A
  • a state law authorizing a court to hear cases brought against nonresidents under specified circumstances
  • subject non-resident defendants to local jurisdiction for wrongful activities they engaged in while physically within a state even if they have left the state before they’re sued.
  • can obtain jurisdiction over activities of defendant occur outside the state but caused harm within.
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35
Q

requirements to obtain jurisdiction over an out-of-state defendant

A

(1) state must have a statute that authorizes it to get jurisdiction under the particular circumstances
(2) the Cons requires that the basis for jurisdiction satisfy procedural due process.
- three-pronged test: (1) the defendant must have sufficient “minimum contacts” with the forum state, (2) the claim asserted against the defendant must arise out of those contacts, (3) the exercise of jurisdiction must be reasonable.

36
Q

in rem jurisdiction (“against a thing”)

A

power of court to declare right against the world rather than solely the defendant

37
Q

Internet contact categories

A
  1. Passive website: makes information available to those interested in it -> not grounds for the exercise of personal jurisdiction.
  2. Interactive: exercise of jurisdiction is determined by examining the level of interactivity and commercial nature of the exchange of information that occurs on the web
  3. Commercial: if the defendant enters into contracts with residents of a foreign jurisdiction that involve the knowing and repeated transmission of computer files over the Internet, personal jurisdiction is proper.
38
Q

3 levels court system

A

(1) trial courts of general or limited jurisdiction’
(2) intermediate appellate courts
(3) the highest court (supreme court)

39
Q

typical state court system

A

State supreme court -> Intermediate appellate courts (not all states have this) -> Probate court, Superior court -> County court -> Justice of the Peace Court, Domestic relations court, Municipal Court

40
Q

superior court

A

hear money matters w unlimited dollar limits & serious criminal matters

41
Q

municipal court

A

misdemeanors and cival cases of modest dollar amounts

42
Q

small claims court

A

a court with jurisdiction to decide civil controversies of a relatively minor nature
- NOT: divorce, criminal, civil case involving in rem jurisdiction.
Required doc: preprinted form with boxes for checking
- no rules of evidence, no juries, no attorney at laws

43
Q

Procedure of small claims court

A
  • ea party explains disputes, call witnesses, supporting doc.
  • judge may ask Q -> decide the case
44
Q

trial de novo

A

new trial that takes place as if the first trial had not occured

45
Q

Fed Trial Courts

A
  • 1 trial court of general jurisdiction (US district court)
  • 94 districts in a county
  • at least 1 US District Cout in ea state
46
Q

US District Court

A
  • hear fed matters (crime against gov/ crimes occurred on fed property)
  • kidnapping is a fed crime
47
Q

diversity of citizenship

A

a basis of jurisdiction in fed courts requiring that plaintiff and defendant be involved in an actual controversy, that they be citizens of diff states, minimum of 75000

48
Q

exclusive jurisdiction

A

sole power a court has over the particular subject matter of a case

  • bankruptcy: fed
  • divorce, adoption: state
49
Q

US supreme court

A
  • highest
  • 9 justices
  • acts as final appeal for fed court of appeals.
50
Q

rule of 4

A

case selected if 4 out of 9 justices choos

51
Q

writ of certiorari

A

procedural doc whereby an appellate court exercises its discretionary power to accept jurisdiction of a pending case

52
Q

nuisance money

A

money to settle a case

53
Q

Procedural of Civil Case

A

(1) Filing a complaint - doc stating the facts constituting an alleged cause of action - with county clerk
- cause of action: existing right to seek and to receive judicial relief, assuming the factual allegations of the plaintiff are true
(2)county clerk maintain files, issues summons - doc issued by a clerk of court inviting defendant to respond to complaint.
- defendant no show -> plaintiff might win by default, awarded judgment.
(3) plaintiff attorney arrange process server to have copy of summons and complaint to get in personam jurisdiction
(4) defendant lawyer file
- answer - doc containing a defendant’s denials, admissions or allegations of fact
complaint + answer = pleadings
or
- demurrer/ motion to dismiss

54
Q

demurrer/ motion to dismiss

A
  • response to complain is insufficient to state cause of action
  • raise procedural defenses a claim that the action is barred. Late claims are barred.
55
Q

default judgment

A

court-awarded judgment based on the defendant’s failure to answer the summons and complaint or to appear at the trial to contest the claim of plaintiff

56
Q

ex parte trial

A

legal action where one side show up

57
Q

Procedural of Criminal Case

A

(1) begun with issuance of accusation by district attorney (information) or grand jury (indictment).
(2) Pretrial procedures
- Discovery: learn facts. Depositions

58
Q

Deposition

A

Questioning of a witness or adverse party to a action, under oath, by the opposing attorney before the trial

59
Q

Impeach

A

To discredit, dispute, disparage, or contradict a witness’s testimony

60
Q

Motion to produce

A

Request to a judge by counsel to compel the opposing party to provide specified evidence to the court

61
Q

subpoena - “under penalty”

A

an order directing a person to appear at a certain time and place for the purpose of giving testimony as a witness

62
Q

subpoena duces tecum - “under penalty bring with you”

A

a judicial order to bring specified doc or physical evidence to court

63
Q

privilege against self incrimination

A

right of person to remain silent when what might be said could indicate criminal guilt

64
Q

motion for summary judgment

A

request to a judge by counsel to award judgment because there are no significant questions of fact in the lawsuit

65
Q

jury

A

a group of men and women sworn to declare the truth based on evidence presented to them,

66
Q

plea bargain

A

a binding agrement in which an accused agrees to plead guilty if the court agrees to a specific charge and punishment in advance

67
Q

jury nullification

A
  • power of jury in a criminal trial to disregard the law and unanimously find the defendant innocent.
    Judge cannot disregard jury’s verdict unless jury is found to be bribed.
  • in civil case, the judge can overturn jury’s verdict.
68
Q

voir dire

A

process of questioning prospective jurors to ascertain whether they have any bias that would make difficult or unlikely their impartiality in determining questions of fact during a trial.

69
Q

challenge for cause

A

ability to exclude a prospective trial juror if bias or prejudice is indicated

70
Q

peremptory challenge

A

ability to exclude a prospective juror for any reason other than race or gender

71
Q

specific performance

A

an equitable remedy allowing a buyer to get possession and title to real property and goods that are unique when the seller refuses to deliver under valid contract

72
Q

rescission

A

an equitable remedy that annuals a contract and returns the parties to the relationship they had before the contract was made

73
Q

injunction

A

an order of a court of equity to someone to do or not to do some act

74
Q

Trial procedure

A

(1) Plaintiff’s atrn starts first b/c they have burden of proof (the duty to produce evidence as a trial progresses)
- in civil case, BofP satisfied by presenting preponderance of evidence (standard of determining civil liability that the weight of the evidence offered to prove a matter is more probable than not.)
- criminal: “beyond a reasonable doubt”- the quantum evidence that fully satisfies and entirely convinces the jury in a criminal that defendant is guilty as charge.

(2) Opening statement:summaries by counsel of plaintiff and of defendant indicating what they expect to prove

(3) evidence
(4) summation
(5) instruction to the jury
(6) deliberation and verdict
(7) judgment

75
Q

double jeopardy

A

No being tried twice for the same offense -> 5th amendment

76
Q

case-in-chef

A

case presented by ea party in a trial

77
Q

evidence

A

everything that the ‘finder of fact’ is entitled to consider

78
Q

relevant

A

related to the fact in dispute

79
Q

prima facie - ‘at first sight’

A

term describing facts legally sufficient to establish a fact or a case unless disproved by some contrary evidence

80
Q

motion for a directed verdict

A

request to enter a particular verdict instead of allowing the jury to do so b/c insufficent facts to allow other verdict.

81
Q

summation

A

the review of evidence presented to court by ea lawyer in oral arguement at the close of the trial

82
Q

(5)instruction to the jury

A

rules of law and charges provided by the judge to the jury for guidance in reaching a verdict.

83
Q

judgement non obstante veredicto - withstanding the verdict

A

a decision by a judge that overrules the verddict of the jury
- in criminal case, judge cannot set aside a verdict of ‘not guilty”

84
Q

writ of execution

A

order of the court directing the sheriff to confiscate property of defendant

85
Q

garnishment (confiscation)

A

legal proceeding in which a plaintiff creditor gets a court order compelling a 3rd party to pay earned by defendant to plaintiff

MGMT200 (13 decks)

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