Chapter 3 U.S. Legal system

Question 1

Long arm statutes

Answer 1

Allow court to serve dependent outside of the to states as long as deferent has sufficient minimum contact within that state. ( injuries from other state from conducting business within)

Question 2

In personam jurisdiction

Answer 2

“Jurisdiction over person”- courts power to render a decision affecting the rights of the specific person before court (ie. Geographic region). For state, extend to state boarder, for federal, extend to district.

Question 3

Venue

Answer 3

Once case is in court, venue deter which trail court in the system to hear the case( geo. matters - decedent locate or property locate) if hard to deter, the plaintiff’s case filing location or in case of requesting an unbiased opinion, deferent can file a motion for certain location, judge can deny or approve the venue.

Question 4

How many is U.S. Circuit courts?

Answer 4

12
U.S. Supreme Court ( 9 justices with lifelong service)

A. Court of appeal for the federal circuit

1) . Tax court
2) . Courts of federal claims
3) . Patents and trademark office
4) Court of int’l trade
5) . Court of appeal for veterans claims

B. U.S. Circuit of appeals

1) . District court
2) . Administrative tribunal
3) . Tax court
4) . Bankruptcy court

Question 5

State trail court

Court of last resort

Answer 5

” court of common pleas or county court”

Appeals from the state intermediate courts do appeal lead to state court of last resort (= Supreme Court of state or court of appeal)

Question 6

Standing

Answer 6

Right to bring case to court that outcome will personally affect him/her (also called standing to sue)

Question 7

Steps in civil litigation

Answer 7

1. Pleading: plaintiff’s attorney file a complaint in the right court ( establish the legal issue of the case)
2. Service of process- deferent given a copy of complaint
3. Deferent’ response with an answer ( denies, affirm, or claim no accuracy of the accuse from plaintiff)
4. Premarin motion
5. Discovery- discover information.
   Interrogatories - written questions one party ask the other
   Request to produce document- relevant information related to the case
   Deposition- in court, like in movie, everybody in court and answer questions under oath

Question 8

Pretrial conference

Answer 8

Judge with representing attorneys,min formal meeting

Question 9

Stages of trail

Answer 9

Jury selection "voir dire"- ( select from citizens) 
Opening statements
Examining of witnesses
Closing statement 
Conference on jury instruction 
Post trial motion

Question 10

Post trial motion

Answer 10

When the trial ends, the arty received favorable verdict files a motion for a judgment in accordance with the verdict (裁决), the losing party can also file “motion for judgment as a matter of law”

Question 11

How many court system U.S. has?

Subject matter jurisdiction

Answer 11

Two, one for state, one for federal

Courts power to hear certain cases.

Question 12

Verdict

Answer 12

裁决

Question 13

Summon

Answer 13

（法庭）传唤

Question 14

jurisdiction

Answer 14

司法权

Question 15

moot

Answer 15

无法律意义