Chapter 4 Flashcards
What is judiciary review?
Court determines constitutionality of legislative and executive branches. Both state and federal laws.
What is jurisdiction and its three components?
The authority of a court to hear and decide a case. Court needs in rem, personal, and subject matter.
What is In Rem in jurisdiction?
The jurisdiction over defendants’ property or thing. The geography of a thing/issue.
What is the personal aspect in jurisdiction?
The fairness of the case and notice that there is a lawsuit.
What is subject matter in jurisdiction?
The ability to hear and decide a specific type of dispute, defined in the statute or constitution that created the court, different requirements in federal and state statutes.
In personal jurisdiction, what are the things that the government must abide by?
Stream of commerce, purpose of availment, and minimum contacts. Must be fair, minimum contacts shows fairness, factually intensive, notice is key (service of process).
What are long-arm statutes?
Allows courts to reach for non-resident defendants in fairness.
What are the two things must must be applied to subject matter jurisdiction in federal courts for it to be lawful?
- Federal question, based on constitution, acts or congress or treaties. 2. Diversity of citizenship, parties are different from U.S states or United States and a foreign country and amount in dispute exceeds $75,000 .
What is concurrent jurisdiction?
State and federal jurisdiction.
What is state subject matter jurisdiction?
Can be limited by the subject of the lawsuit, the sum in controversy, whether the case involves a felony or misdemeanor, and whether the preceding is a trial or an appeal.
_______ creates a factual and legal record.
Trial
_________ are for questions of law not fact.
Appellate courts
Judges rule on ________.
Question of law
Judges on bench trial (trial without juries) or juries on jury trial rule on _______.
Facts
Where does trial occur?
District courts
Where does appeal/appellate court occur?
Circuit court
What occurs in the supreme court?
Trial and appellate courts.
What is litigation?
Using courts to decide disputes, its expensive, time consuming, uncertain.
What is negotiation?
Informal settlement talks, goal is to resolve case outside of court.
What is mediation?
The use of neutral third party called a mediator, acts as agent between parties and suggests ways to resolve their dispute.
What do mediators do?
Summarize, and identify the strong and weak points in each case, point out the risks of trial, and suggest a fair settlement.
What are the 7 c’s of mediation?
Client control, cost control, certainty of outcome, confidential, creative, closure, and continuance.
What is arbitration?
Utilizes an arbitrator. Hears a dispute then imposes a binding resolution on the parties, it is final and is difficult to appeal the arbitrators decision. It is by agreement by both parties.
