Chapter 3: U.S. Legal System and Alternative Dispute Resolution Flashcards
Original Jurisdiction
The power to hear and decide cases when the first enter the legal system.
Appellate Jurisdiction
The power to review previous judicial decisions to determine whether trial courts erred in their decision.
In Personam Jurisdiction
The power of a court to require a party or a witness to come before the court to render a decision affecting the rights of a specific person before the court.
Subject-Matter Jurisdiction
The power to hear certain kinds of cases. i.e. bankruptcy cases, federal crime prosecutions.
Trial Court
A court which most civil or criminal cases start when they first enter the legal system. The parties present evidence and call witnesses to testify.
- Referred to as “Court of Common Pleas”
Appellate Court
A higher court, usually consisting of more than 1 judge, that reviews the decision and results of a lower court when a losing party files for an appeal.
-Appellate courts do not hold trials but may request additional oral and written arguments from each party.
Question of Law
An issue concerning the interpretation or application of the law.
-Appellate Court
Question of Fact
A question about an even or characteristic in a case.
- Trial Court
Plantiff
The person or party who initiates a lawsuit before the court by filing a complaint with the clerk of the court against the defendant.
Defendant
The person or party against whom the civil or criminal lawsuit is filed in a court of law.
Complaint
A formal written document that begins a civil lawsuit. -Contains the plaintiff’s list of allegations against the defendant along with the damages they seek.
Summons
A legal document issued by a court and addressed to a defendant that notifies him of the lawsuit and how and when to respond to the complaint.
-A summons may be used in a civil or criminal proceeding.
In Rem Jurisdiction
The power of a court over a property or status of an out-of-state defendant when that property or status is wishing the court’s jurisdiction.
Quasi In Rem Jurisdiction
A type of jurisdiction exercised by a court over an out of state defendant’s property that is within the jurisdictional boundaries of the court.
- It applies to personal suits against the defendant in which the property is not the source of conflict but is sought as compensation by the plaintiff.
Exclusive Federal Jurisdiction
The federal court’s exclusive jurisdiction over certain (few) cases:
- Admiralty Cases
- Bankruptcy Cases
- Federal criminal prosecutions
- Cases in which one state sues another state
- Claims against the United States
- Other claims involving federal statutes that specify exclusive federal jurisdiction
Concurrent Federal Jurisdiction
When both state and federal courts have jurisdiction over a case.
Covers 2 types of cases:
1. Federal question: requires an interpretation of the U.S. Constitution, a federal statue, or a federal treaty.
2. Diversity of citizenship: The plaintiff does not reside in the same state as the defendant AND the controversy concerns an amount in excess of $75k.
Venue
The place where the hearing takes place.
Federal Court System
- Supreme Court
- Intermediate Courts of Appeals
- Federal Trial Courts (U.S. District Courts)
Threshold Requirements for Litigation
- Standing (to sue)
- Case or Controversy
- Ripeness
Standing
The legal right of a party to bring a lawsuit by demonstrating to the court that there is:
- Actual/imminent danger in fact
- Injury traceable to actions of defendant
- Injury redressed by favorable decision
Case or Controversy
An actual dispute between parties over their legal rights that remains in conflict at the time the case is presented and that is a proper matter for judicial determination.
3 Criterias:
-Adverse relationship between plaintiff and defendant
-Actions of one party give rise to legal dispute
-Court decision able to resolve dispute
Ripeness
When a judge’s decision can affect parties immediately.
Pretrial Stage
IPS DPDP
- Informal Negotiations
- Pleadings
- Service of Process
- Defendant’s Response
- Pretrial Motions
- Discovery
- Pretrial Conference
Informal Negotiations
An informal attempt to resolve a dispute through discussion or negotiation.
Pleadings
1st formal stage of a lawsuit; When the plaintiff’s attorney initiates a lawsuit by filing a complaint in the appropriate court.
Service of Process
The procedure by which a representative of the court serves a copy of the complaint and a summons to the defendant.
Defendant’s Response/ Answer
A response to the plaintiff’s complaint with an Answer. In this document, the defendant denies, affirms, or claims no knowledge of the accuracy of the plaintiff’s allegations.
Default Judgement
Judgement in favor of the plaintiff that occurs when the defendant fails to answer the complaint and the plaintiff ;s complaint alleges facts that would support such a judgement.
Affirmative Defense
When the defendant admits that the facts contained in the complaint are accurate but also includes additional facts that justify the their actions and provide a legally sound reason to deny relief to the plaintiff. If he fails to raise affirmative defense in the Answer, the judge will likely not allow him to raise it during trial.
Motion
An application by a party to a judge or a court in a civil case requesting an order in in favor of the applicant.
Counterclaim
A claim made by the defendant against the plaintiff that is filed along with the defendant’s answer.
Reply
A response by the plaintiff to the defendant’s counterclaim.
Pretrial Motions
After the pleadings, the plaintiff or defendant may file a motion to conclude the case early, eliminate some claims, or gain some advantage. A party may move the court to do almost anything pertaining to the case.
Motion for Judgement on the Pleadings
A request for the court to consider that all the facts in the pleadings are true and to issue a judgement on those facts.
Motion for Summary Judgement
A motion requested by either party after the discovery process that asserts that no factual disputes exist and that if the judge applied the law to the undisputed facts, the only reasonable decision would be in the favor of the moving party. May use affidavits, relevant documents, depositions, or interrogatories to support the motion. (Cannot use in Motion for Judgement)
Affidavit
Sworn statement from the parties or witnesses.
Discovery
The pretrial phase in which each party requests relevant documents and other evidence from the other side in an attempt to "discover" pertinent facts and avoid any surprises in the court room during trial. If the party does not comply, the court may admit the facts the other party sought to discover. Discovery tools include: - Depositions - Requests for admissions - Interrogatories - Requests for inspections - Document production requests
Interrogatories
Written questions that one party sends to the other to answer under oath or under penally of perjury.
Request to produce documents
The right of a party to examine and copy papers belonging to the opposing party that are relevant to the case. Ex. photos, contracts, medical forms, etc.
Deposition
A pretrial sworn and recorded testimony of a witness that is under oath and acquired out of court with no judge present.
Pretrial Conference
An informal meeting of the judge with the attorneys representing the parties before the actual trial begins. .
The Trial
Stages of a Trial:
- Jury selection
- Opening statements
- Examination of witnesses & presentation of evidence
- Closing arguments
- Jury Instructions
Jury Selection
- Clerk of the court randomly selects a number of potential jurors from the citizens within the court’s jurisdiction.
- Once jurors report, vigor dire (Jury selection) begins.
- Either party may enforce a peremptory challenge
Voir Dire
The process of questioning potential jurors to ensure that the jury will be made up of unbiased individuals.
Peremptory Challenge
The right of the either party in jury selection to reject, without stating a reason, a certain number of potential jurors who appear to have an unfavorable bias.
Directed Verdict
A ruling by a judge in favor of the defendant bc the plaintiff has failed to present the minimum amount of evidence necessary to establish their claim.
Writ of Certiorari
A Supreme Court order, issued after the court decides to hear an appeal, mandating that the lower court send to the Supreme Court the record of the appealed case.
Alternative Dispute Resolution (ADR)
The resolution of legal problems through methods other than litigation.
Negotiation
A bargaining process in which disputing parties interact informally to attempt to resolve their dispute.
Mediation
A type of intensive negotiation in which disputing parties select a neutral party to help facilitate communication and suggest ways for the parties to solve their dispute.
Arbitration
A type of alternative dispute resolution in which disputes are submitted for resolution to private nonofficial persons selected in a manner provided by law or the agreement of the parties.
