Chapter 4

Question 1

What are the different jurisdictions that states or local courts have?

Answer 1

Generally, a court with jurisdiction over a particular geographic area can exercise personal jurisdiction (in personam jurisdiction) over any person or business that resides in that area. A state trial court, for instance, normally has jurisdictional authority over residents (including businesses) in a particular area of the state, such as a county or district. A state’s highest court (often called the state supreme court)Footnote has jurisdiction over all residents of that state.

A court can also exercise jurisdiction over property that is located within its boundaries. This kind of jurisdiction is known as in rem jurisdiction, or “jurisdiction over the thing.”

Question 2

What is a long arm statute?

Answer 2

Under the authority of a state long arm statute, a court can exercise personal jurisdiction over certain out-of-state defendants based on activities that took place within the state. Before exercising long arm jurisdiction over a nonresident, however, the court must be convinced that the defendant had sufficient contacts, or minimum contacts, with the state to justify the jurisdiction.Footnote Generally, this means that the defendant must have enough of a connection to the state for the judge to conclude that it is fair for the state to exercise power over the defendant.

Question 3

How is jurisdiction with regard to corporations?

Answer 3

In the past, corporations were usually subject to jurisdiction in states in which they were doing business, such as advertising or selling products. The United States Supreme Court has now clarified that large corporations that do business in many states are not automatically subject to jurisdiction in all of them. A corporation is subject to jurisdiction only in states where it does such substantial business that it is “at home” in that state. (Daimler AG v. Bauman, 571 U.S. 117, 134 S.Ct. 746, 187 L.Ed. 624 (2014). The courts look at the amount of business the corporation does within the state relative to the amount it does elsewhere.

Question 4

What are probate courts? What is it an example of

Answer 4

These are courts that handle only matters relating to the transfer of a person’s assets and onligations after that person’s death, including custody and guardianship. This is an example of a limited jurisdiction court because its subject matter is limited.

Question 5

How is a court’s jurisdiction over subject matter usually defined? What can be the form of limitation?

Answer 5

A court’s jurisdiction over subject matter is usually defined in the statute or constitution creating the court. In both the federal and the state court systems, a court’s subject-matter jurisdiction can be limited by any of the following:

The subject of the lawsuit.

The sum in controversy.

Whether the case involves a felony (a more serious type of crime) or a misdemeanor (a less serious type of crime).

Whether the proceeding is a trial or an appeal

Question 6

In federal court, what are the courts of first instance: trial courts?

Answer 6

The district courts.

Question 7

When does a federal court have Jurisdiction?

Answer 7

Article III of the U.S. Constitution establishes the boundaries of federal judicial power. Section 2 of Article III states that “[t]he judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority.” This clause means that whenever a plaintiff’s cause of action is based, at least in part, on the U.S. Constitution, a treaty, or a federal law, then a federal question arises, and the federal courts have jurisdiction.

Question 8

What is diversity of citizenship?

Answer 8

Federal district courts can also exercise original jurisdiction over cases involving diversity of citizenship. The most common type of diversity jurisdiction requires both of the following:

The plaintiff and defendant must be residents of different states.

The dollar amount in controversy must exceed $75,000.

Question 9

Hiw are corporations considered under diversity of citizenship?

Answer 9

For purposes of diversity jurisdiction, a corporation is a citizen of both the state in which it is incorporated and the state in which its principal place of business is located. A case involving diversity of citizenship can be filed in the appropriate federal district court. If the case starts in a state court, it can sometimes be transferred, or “removed,” to a federal court. A large percentage of the cases filed in federal courts each year are based on diversity of citizenship. As noted, a federal court will apply federal law in cases involving federal questions. In a case based on diversity of citizenship, in contrast, a federal court will apply the relevant state law (which is often the law of the state in which the court sits).

Question 10

What kind of cases does the Federal Court have exclusive jurisdiction over? What about states?

Answer 10

Federal courts have exclusive jurisdiction in cases involving federal crimes, bankruptcy, most patent and copyright claims, suits against the United States, and some areas of admiralty law. State courts also have exclusive jurisdiction over certain subject matter—for instance, divorce and adoption.

Question 11

What is the Sliding Scale Standard?

Answer 11

The courts have developed a standard—called a “sliding-scale” standard—for determining when the exercise of jurisdiction over an out-of-state defendant is proper. The sliding-scale standard identifies three types of Internet business contacts and outlines the following rules for jurisdiction:

When the defendant conducts substantial business over the Internet (such as contracts and sales), jurisdiction is proper. This is true whether the business is conducted with traditional computers, smartphones, or other means of Internet access.

When there is some interactivity through a website, jurisdiction may be proper, depending on the circumstances. It is up to the courts to decide how much online interactivity is enough to satisfy the minimum-contacts requirement.

When a defendant merely engages in passive advertising on the Web, jurisdiction is never proper.

Question 12

What is Venue?

Answer 12

The geographic district in which a legal action is tried and from which the jury is selected.

Question 13

What is Standing To Sue?

Answer 13

The legal requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit. At times, a person may have the right to sue on behalf og another, such as a minor or a mentally incompetent person.

Question 14

What is justiciable controversy?

Answer 14

A controversy that is not hypothetical or academic but real and substantial. It is a requirement that must be satisfied before a court will hear a case.

Question 15

What are small claims courts?

Answer 15

A special court in which parties can litigate small claims without an attorney.

Question 16

What is the structure of the Federal Court System?

Answer 16

The federal court system is basically a three-tiered model consisting of

U.S. district courts (trial courts of general jurisdiction) and various courts of limited jurisdiction,
U.S. courts of appeals (intermediate courts of appeals), and
the United States Supreme Court.
Unlike state court judges, who are usually elected, federal court judges—including the justices of the Supreme Court—are appointed by the president of the United States and confirmed by the U.S. Senate. Under Article III, federal judges “hold their offices during Good Behavior.” In the entire history of the United States, only seven federal judges have been removed from office through impeachment proceedings.

Certain federal court officers are not appointed by the president and approved by the Senate. This chapter’s Managerial Strategy feature describes how U.S. magistrate judges are selected.

Question 17

What si a magistrate judge?

Answer 17

Congress authorized the creation of a new federal judicial officer, the U.S. magistrate, in 1968 to help reduce delays in the U.S. district courts.Footnote These junior federal officers were to conduct a wide range of judicial proceedings as set out by statute and as assigned by the district judges under whom they served. In 1979, Congress gave U.S. magistrates consent jurisdiction, which authorized them to conduct all civil trials as long as the parties consented.Footnote Currently, magistrate judges dispose of over one million civil and criminal district court matters, which include motions and hearings. S. magistrate judges are selected by federal district court judges based on the recommendations of a screening committee. They serve an eight-year term (which can be renewed).

Question 18

How are the Federal Court of Appeals structured?

Answer 18

In the federal court system, there are thirteen U.S. courts of appeals—also referred to as U.S. circuit courts of appeals. The federal courts of appeals for twelve of the circuits, including the U.S. Court of Appeals for the District of Columbia Circuit, hear appeals from the federal district courts located within their respective judicial circuits.

The Court of Appeals for the Thirteenth Circuit is called the Federal Circuit. It has national appellate jurisdiction over certain types of cases, such as cases involving patent law and cases in which the U.S. government is a defendant.

Question 19

Shat is a writ of ceriorari and what is the rule of four?

Answer 19

A writ of certiorari is an order issued by the Supreme Court to a lower court requiring that court to send the record of the case for review. Under the rule of four, the Court will not issue a writ unless at least four of the nine justices approve.

Question 20

What is a service of process and what is a summons

Answer 20

Formally notifying the defendant of a lawsuit is called service of process. The plaintiff must deliver, or serve, a copy of the complaint and a summons (a notice requiring the defendant to appear in court and answer the complaint) to the defendant. Summons notify a defendant they must answer within a set time or suffer a default judgment.

Question 21

What is a default judgment?

Answer 21

A default judgment in Marconi’s favor would mean that she would be awarded the damages alleged in her complaint because Anderson failed to respond to the allegations. In our legal system, no case can proceed to trial unless the plaintiff can prove that he or she has properly served the defendant.

Question 22

What is the usual service of process method?

Answer 22

Usually, the server hands the summons and complaint to the defendant personally or leaves it at the defendant’s residence or place of business. In cases involving corporate defendants, the summons and complaint may be served on an officer or on a registered agent (representative) of the corporation. The name of a corporation’s registered agent can usually be obtained from the secretary of state’s office in the state where the company incorporated its business. Process can be served by mail in some states if the defendant consents (accepts service). When the defendant cannot be reached, special rules provide for alternative means of service, such as publishing a notice in the local newspaper.

Question 23

What is a defendant’s answer?

Answer 23

Procedurally, a defendant’s response to the plaintiff’s complaint.

Question 24

What is a defendants counterclaim?

Answer 24

A claim made by a defendant in a civil lawsuit against the plaintiff. In effect, the defendant is suing the plaintiff.

Question 25

What is a plaintiff’s reply?

Answer 25

Procedurally, a plaintiff’s response to a defendant’s answer.

Question 26

What is an affirmative defense?

Answer 26

When a defendant admits the truth of a plaintiff’s complaint but raises new facts that may result in dismissal of the action

Question 27

What is a motion to dismiss?

Answer 27

A pleading in which a defendant admits the facts as alleged by the plaintiff but asserts that the plaintiff’s claim to state a cause of action has no basis in law.

Question 28

What is a motion for judgment on the pleadings?

Answer 28

A motion by either party to a lawsuit at the close of the pleadings requesting the court to decide the issue solely on the pleadings without proceeding to trial. The motion will be granted only if no facts are in dispute.

Question 29

What is a motion for a summary judgment?

Answer 29

A motion requesting the court to enter a judgment without proceeding to trial. The motion can be based on evidence outside the pleadings and will be granted only if no facts are in dispute.

Question 30

What is a discovery?

Answer 30

A method by which the opposing parties obtain information from each other to prepare for trial. The Federal Rules of Civil Procedure and similar rules in the states set forth the guidelines for discovery. Generally, discovery is allowed regarding any matter that is not privileged and is relevant to the claim or defense of any party. Discovery rules also attempt to protect witnesses and parties from undue harassment and to safeguard privileged or confidential material from being disclosed. Discovery prevents surprises at trial by giving parties access to evidence that might otherwise be hidden. This allows both parties to learn what to expect during a trial before they reach the courtroom. Discovery also serves to narrow the issues so that trial time is spent on the main questions in the case.

Question 31

What is a deposition?

Answer 31

The testimony of a party to a lawsuit or a witness taken under oath before a trial. The person being deposed (the deponent) answers questions asked by the attorneys, and the questions and answers are recorded by an authorized court official and sworn to and signed by the deponent.

Question 32

What are interrogatories

Answer 32

A series of written questions for which written answers are prepared by a party to a lawsuit, usually with the assistance of the party’s attorney, and then signed under oath.

Question 33

What are requests for written admissions?

Answer 33

A party can serve a written request on the other party for an admission of the truth on matters relating to the trial. Any matter admitted under such a request is conclusively established for the trial. For instance, Marconi can ask Anderson to admit that he was driving at a speed of forty-five miles an hour. A request for admission saves time at trial because the parties will not have to spend time proving facts on which they already agree.

A party can also gain access to documents and other items not in her or his possession in order to inspect and examine them. Likewise, a party can gain “entry upon land” to inspect the premises. Anderson’s attorney, for instance, normally can gain permission to inspect and photocopy Marconi’s car repair bills.

Question 34

What is meta-data? What is e-evidence?

Answer 34

Data that are automatically recorded by electronic devices and provide information about who created a file and when, and who accessed, modified, or transmitted the file. It can be described as data about data. E-evidence is A type of evidence that consists of computer-generated or electronically recorded information.

Question 35

What is a pre-trial conference?

Answer 35

Either party or the court can request a pretrial conference, or hearing. Usually, the hearing consists of an informal discussion between the judge and the opposing attorneys after discovery has taken place. The purpose of the hearing is to explore the possibility of a settlement without a trial and, if this is not possible, to identify the matters that are in dispute and to plan the course of the trial.

Question 36

How are approvals for trial by juries conducted in the federal gov and the states?

Answer 36

A trial can be held with or without a jury. The Seventh Amendment to the U.S. Constitution guarantees the right to a jury trial for cases in federal courts when the amount in controversy exceeds $20, but this guarantee does not apply to state courts. Most states have similar guarantees in their own constitutions (although the threshold dollar amount is higher than $20). The right to a trial by jury does not have to be exercised, and many cases are tried without a jury. In most states and in federal courts, one of the parties must request a jury in a civil case, or the judge presumes that the parties waive the right.

Question 37

What is voir dire?

Answer 37

An important part of the jury selection process in which the attorneys question prospective jurors about their backgrounds, attitudes, and biases to ascertain whether they can be impartial jurors.

Question 38

What is a motion for a directed verdict?

Answer 38

A motion for the judge to take the decision out of the hands of the jury and to direct a verdict for the party making the motion on the ground that the other party has not produced sufficient evidence to support her or his claim.

Question 39

What is a motion for judgment non obstante veredicto?

Answer 39

A motion requesting the court to grant judgment in favor of the party making the motion on the ground that the jury’s verdict against him or her was unreasonable and erroneous.

Question 40

What is a motion for a new trial?

Answer 40

A motion asserting that the trial was so fundamentally flawed (because of error, newly discovered evidence, prejudice, or another reason) that a new trial is necessary to prevent a miscarriage of justice.

Question 41

What are an appellate court’s options after reviewing a case?

Answer 41

After reviewing a case, an appellate court has the following options:

The court can affirm the trial court’s decision.
The court can reverse the trial court’s judgment if it concludes that the trial court erred or that the jury did not receive proper instructions.
The appellate court can remand (send back) the case to the trial court for further proceedings consistent with its opinion on the matter.
The court might also affirm or reverse a decision in part. For instance, the court might affirm the jury’s finding that Anderson was negligent but remand the case for further proceedings on another issue (such as the extent of Marconi’s damages).
An appellate court can also modify a lower court’s decision. If the appellate court decides that the jury awarded an excessive amount in damages, for instance, the court might reduce the award to a more appropriate, or fairer, amount.

Question 42

What is arbitration?

Answer 42

The settling of a dispute by submitting it to a disinterested third party (other than a court), who renders a decision. Usually, the parties in arbitration agree that the third party’s decision will be legally binding, although the parties can also agree to nonbinding arbitration. (Arbitration that is mandated by the courts often is nonbinding.) In nonbinding arbitration, the parties can go forward with a lawsuit if they do not agree with the arbitrator’s decision.

Question 43

Arbitration in emplyment, what are the issues?

Answer 43

A significant question for businesspersons concerns mandatory arbitration clauses in employment contracts. Many employees claim they are at a disadvantage when they are forced, as a condition of being hired, to agree to arbitrate all disputes and thus waive their rights under statutes designed to protect employees. The United States Supreme Court, however, has held that mandatory arbitration clauses in employment contracts are generally enforceable.

Question 44

What is ADR

Answer 44

Alternate Dispute Resolution