Chapter 4 Courts and ADR

Question 1

What is the role of the judiciary (the courts)

Answer 1

interpret the law and apply them to specific situations

Question 2

what is judicial review

Answer 2

the process by which courts decide on the constitutionality of legislature enactments and actions of the executive branch

-chooses if actions from two other branches are constitutional

Question 3

What are the requirements that must be met for a lawsuit can be brought before the court?

Answer 3

1. Must have Jurisdiction over the defendant or over the property involved in the suit and the subject matter

Question 4

what does jurisdiction mean?

Answer 4

The authority of a court to hear a case and decide a specific action. “where can i be sued”

Question 5

what does is in personam jurisdiction

Answer 5

jurisdiction over a person or business that resides in that geographic location

Question 6

what is in rem jurisdiction

Answer 6

jurisdiction based on power over property, the dispute between the parties is over property where the property is located creates jurisdiction

Question 7

What is a long arm statue? and what must be there to use it

Answer 7

A state statute that permits a state to obtain personal jurisdiction over nonresident defendants. A defendant must have “minimum contacts” with that state for the statute to apply.

-needs minimum contact

Question 8

what is the minimum contact requirements to authorize long arm statue

Answer 8

• nature
  -quality
  -quantity
  -fairness

Question 9

what are general (unlimited) jurisdiction courts

Answer 9

Exists when a court can hear cases involving a broad array of issues.

Question 10

what is an example of limited jurisdiction state court

Answer 10

Exists when a court is limited to a specific subject matter, such as probate or divorce.

Question 11

what is an example of limited jurisdiction federal court

Answer 11

bankruptcy court

Question 12

what is the distinction between courts of original jurisdiction and appellate jurisdiction

Answer 12

It’s the first time hearing it: original jurisdiction

Appellate: already have been heard

Question 13

What are the two situations in which federal courts have jurisdiction

Answer 13

1. Federal Questions jurisdiction
2. Diversity of citizenship

Question 14

what is a federal question jurisdiction

Answer 14

when it’s a constitutional issue (either a federal statue or law broken)

Question 15

what is diversity of citizenship

Answer 15

1. Plaintiff and defendant must be residents of different states
2. $ amount must exceed $75000

Question 16

What is concurrent jurisdiction

Answer 16

Jurisdiction that exists when two different courts have the power to hear a case. For example, some cases can be heard in either a federal or a state court.

Question 17

What is exclusive jurisdiction?

Answer 17

Jurisdiction that exists when a case can be heard only in a particular court or type of court, such as a federal court or a state court.

Question 18

What is Venue

Answer 18

place where we determine jurisdiction and trial happens

Question 19

where is the venue usually for a civil and criminal case?

Answer 19

civil: The defendant resides
criminal: where the incident happened

Question 20

what does standing to sue mean?

Answer 20

you can’t sue on behalf of someone else; it needs to happen to you when the lawsuit happened

Question 21

What may the state courts include in terms of courts?

Answer 21

• trial courts of limited jurisdiction
• trial courts of general jurisdiction
• appellate courts
• state supreme courts

Question 21

what are trial courts

Answer 21

courts in which trials are held and testimony is taken

where the litigation begins

Question 22

what jurisdiction do state trial courts have?

Answer 22

general or limited jurisdiction

Question 23

what is small claims court?

Answer 23

court that only hears civil cases

Question 24

what do appellate courts focus on during appellate trials

Answer 24

question of law not fact

Question 25

what does question of fact mean

Answer 25

In a lawsuit, an issue involving a factual dispute. A question of fact can be decided by a judge or a jury.

Question 26

what is a question of law

Answer 26

In a lawsuit, an issue involving the application or interpretation of a law. Only a judge, and not a jury, can decide a question of law.

Question 27

what is the order for state courts?

Answer 27

trial courts appellate courts state supreme courts

Question 28

when can the United States Supreme Court overrule a decision made by a state's highest court?

Answer 28

federal law is involved

Question 29

what is the order for the federal courts?

Answer 29

U.S district courts U.S court of appeals United States Supreme court

Question 30

Who picks the federal court judges and supreme court

Answer 30

president

Question 31

How many US court of appeals are there?

Answer 31

13

Question 32

What is the highest court of the land

Answer 32

US supreme court

Question 33

what are characteristics of US supreme court?

Answer 33

consist of 9 judges - can review case decided by any federal court of appeals - final authority

Question 34

what is a writ of certiorari

Answer 34

deals with constitutional decisions, if not granted, then we look at the lower court decision as the final - need at least 4 justices to agree

Question 35

what must happen for a court of be brought before the supreme court

Answer 35

there must be a writ of certiorari

Question 36

What is litigation

Answer 36

the process of resolving a dispute through the court system

Question 37

why do people want to do an alternative dispute resolution instead of litigation

Answer 37

it is time consuming and costly

Question 38

what is an alternative dispute resolution

Answer 38

the resolutions of disputes in ways other than going to trial

Question 39

what is a negotiation

Answer 39

and ADR where parties attempt to settle their dispute without going to court (usually just them and maybe their attorny)

Question 40

what is the simplest ADR

Answer 40

negotiation

Question 41

what is mediation

Answer 41

A third party person (mediator) comes in and helps come to a resolution, the mediator can suggest a decision but it is not binding

Question 42

what is arbitration

Answer 42

similar to mediation but is court-ordered, private, and much faster, decision is made by the arbitrator, and the final decision is binding

Question 43

what is a mini trial

Answer 43

mock trial to figure out what the court would decide, want to get to a resolution before going to trial

Question 44

summary jury trial

Answer 44

mock trial with jury, non-binding but practice to get jury's opinion, want to get to a resolution before going to trial

Question 45

what are ways in which courts get jurisdiction over you?

Answer 45

residency doing business in that state submission of jurisdiction place of incident

Question 46

what is personal jurisdiction

Answer 46

the authority of a court to hear and decide a dispute involving the particular parties before it

Question 47

what is subject matter jurisdiction

Answer 47

The authority of a court to hear and decide the particular dispute before it.

Question 48

what is a sliding scale?

Answer 48

something to help with determining jurisdiction in cyberspace

Question 49

what does case or controversy mean

Answer 49

that there must be an actual case between parties, courts don't do hypotheticals

Question 50

what is ripeness

Answer 50

case needs to be ready, meaning if the court gives a decision, then it will resolve the issues of the parties’ dispute

Question 51

what jurisdiction does the U.S. district court have?

Answer 51

general jurisdiction

Question 52

what are legal ethics?

Answer 52

a code of conduct that governs what we should do as professionals

Question 53

what is confidentiality in terms of legal ethics

Answer 53

Take an oath Attorney client privilege Can break if they are going to break a further crime

Question 54

what is fiduciary duty

Answer 54

Relationship between you and your client act in clients best interest

Question 55

what are contingency attorney fees

Answer 55

you don't pay unless you win

Question 56

What is a retainer letter

Answer 56

“If you do not have signed then you don’t have to be represented” Establishes representation. Scope of Representation