Chapter 3: U.S. Legal System and Alternative Dispute Resolution

Question 1

Original Jurisdiction

Answer 1

The power to hear and decide cases when the first enter the legal system.

Question 2

Appellate Jurisdiction

Answer 2

The power to review previous judicial decisions to determine whether trial courts erred in their decision.

Question 3

In Personam Jurisdiction

Answer 3

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.

Question 4

Subject-Matter Jurisdiction

Answer 4

The power to hear certain kinds of cases. i.e. bankruptcy cases, federal crime prosecutions.

Question 5

Trial Court

Answer 5

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”

Question 6

Appellate Court

Answer 6

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 7

Question of Law

Answer 7

An issue concerning the interpretation or application of the law.
-Appellate Court

Question 8

Question of Fact

Answer 8

A question about an even or characteristic in a case.

- Trial Court

Question 9

Plantiff

Answer 9

The person or party who initiates a lawsuit before the court by filing a complaint with the clerk of the court against the defendant.

Question 10

Defendant

Answer 10

The person or party against whom the civil or criminal lawsuit is filed in a court of law.

Question 11

Complaint

Answer 11

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.

Question 12

Summons

Answer 12

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.

Question 13

In Rem Jurisdiction

Answer 13

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.

Question 14

Quasi In Rem Jurisdiction

Answer 14

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.

Question 15

Exclusive Federal Jurisdiction

Answer 15

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

Question 16

Concurrent Federal Jurisdiction

Answer 16

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.

Question 17

Venue

Answer 17

The place where the hearing takes place.

Question 18

Federal Court System

Answer 18

1. Supreme Court
2. Intermediate Courts of Appeals
3. Federal Trial Courts (U.S. District Courts)

Question 19

Threshold Requirements for Litigation

Answer 19

1. Standing (to sue)
2. Case or Controversy
3. Ripeness

Question 20

Standing

Answer 20

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

Question 21

Case or Controversy

Answer 21

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

Question 22

Ripeness

Answer 22

When a judge’s decision can affect parties immediately.

Question 23

Pretrial Stage

Answer 23

IPS DPDP

1. Informal Negotiations
2. Pleadings
3. Service of Process
4. Defendant’s Response
5. Pretrial Motions
6. Discovery
7. Pretrial Conference

Question 24

Informal Negotiations

Answer 24

An informal attempt to resolve a dispute through discussion or negotiation.

Question 25

Pleadings

Answer 25

1st formal stage of a lawsuit; When the plaintiff’s attorney initiates a lawsuit by filing a complaint in the appropriate court.

Question 26

Service of Process

Answer 26

The procedure by which a representative of the court serves a copy of the complaint and a summons to the defendant.

Question 27

Defendant’s Response/ Answer

Answer 27

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.

Question 28

Default Judgement

Answer 28

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.

Question 29

Affirmative Defense

Answer 29

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.

Question 30

Motion

Answer 30

An application by a party to a judge or a court in a civil case requesting an order in in favor of the applicant.

Question 31

Counterclaim

Answer 31

A claim made by the defendant against the plaintiff that is filed along with the defendant’s answer.

Question 32

Reply

Answer 32

A response by the plaintiff to the defendant’s counterclaim.

Question 33

Pretrial Motions

Answer 33

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.

Question 34

Motion for Judgement on the Pleadings

Answer 34

A request for the court to consider that all the facts in the pleadings are true and to issue a judgement on those facts.

Question 35

Motion for Summary Judgement

Answer 35

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)

Question 36

Affidavit

Answer 36

Sworn statement from the parties or witnesses.

Question 37

Discovery

Answer 37

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

Question 38

Interrogatories

Answer 38

Written questions that one party sends to the other to answer under oath or under penally of perjury.

Question 39

Request to produce documents

Answer 39

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.

Question 40

Deposition

Answer 40

A pretrial sworn and recorded testimony of a witness that is under oath and acquired out of court with no judge present.

Question 41

Pretrial Conference

Answer 41

An informal meeting of the judge with the attorneys representing the parties before the actual trial begins. .

Question 42

The Trial

Answer 42

Stages of a Trial:

1. Jury selection
2. Opening statements
3. Examination of witnesses & presentation of evidence
4. Closing arguments
5. Jury Instructions

Question 43

Jury Selection

Answer 43

1. Clerk of the court randomly selects a number of potential jurors from the citizens within the court’s jurisdiction.
2. Once jurors report, vigor dire (Jury selection) begins.
3. Either party may enforce a peremptory challenge

Question 44

Voir Dire

Answer 44

The process of questioning potential jurors to ensure that the jury will be made up of unbiased individuals.

Question 45

Peremptory Challenge

Answer 45

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.

Question 46

Directed Verdict

Answer 46

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.

Question 47

Writ of Certiorari

Answer 47

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.

Question 48

Alternative Dispute Resolution (ADR)

Answer 48

The resolution of legal problems through methods other than litigation.

Question 49

Negotiation

Answer 49

A bargaining process in which disputing parties interact informally to attempt to resolve their dispute.

Question 50

Mediation

Answer 50

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.

Question 51

Arbitration

Answer 51

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.