Chapter Three Flashcards
A court needs jurisdiction over
Person Jurisdiction or In Rem Jurisdiction and Subject Matter Jurisdiction
Personal jursidiction
Jurisdiction over the people
In Rem Jurisdiction
Jurisdiction over property involved in the case
Subject Matter Jurisdiction
Jurisdiction over the subject matter of the dispute
Long Arm Statutes
A state law that allows a state court ot reach beyond the states’ boundaries to obtain personal jursidction over an out-of-state defendant.
Jurisdiction of federal courts
- Federal question cases
- Diversity of citizenship cases
Federal Question Cases
A Claim based on the US Constitution, a federal statute or a federal treaty
Diversity of Citizenship cases
-When a plantiff and the defendent are citizens of two different states
AND
-The amount in dispute is greater than $75,000
Concurrent Jurisdiction
means that either a state court or federal court has jurisdiction over a case
Exclusive Jurisdiction
When a case can be filed/heard only in one court or the other (ie state or federal court)
In order to filed a lawsuit, the plantiff must have
- Standing to sue
- Justiciable Controversey
Standing to sue
a sufficient stake in the matter to justify seekin relief through court system
Justiciable Controversy
A controversy that is real and substantial as opposed to hypothetical or academic
the pleadings
-summon and complaint -motion to dismiss - answer - counter-claim - reply
Purposes of Discovery
- Preserve evidence
- limit element of suprise
- narrows issues for trial
- impeach witness at trial
Use of pretrial conference to simplify issues and plan course of the trial
- usually attorneys and judge attend
- judges often encourage settlement
Cross Examination
Examing other sides witness
Motion for a directed Verdict
- After Plaintiff’s case
- Either side may ask for this verdict
- You have heard enough
- Exceedingly Rare
What if you Don’t Like the verdict?
- Party asks the court for a judgement notwithstanding the verdict (judgement n.o.v.)
- Exceedingly rare
Jury instructions
- The judge explains the law which is relevant to the case
- Both sides usually submit their “versions” of the relevant law to the judge
where is iowa in court of appeal
8th circuit
Marybury v. Madison case president
John Adams
Venue
means the appropriate location for a trial
Venue case
Casey Anthony
Venue Criminal Trials
Criminal trials frequently have venue changes due to “Pretrial publicity” that interfers with thte defendants right to an “impartial jury”
Venue refers to which court you are in
Venue in criminal case
normally where the crime occured
The US Supreme court reviews cases from
- US District courts
- US courts of appeals
- Hightest courts of the state
Pleadings
Statements made by the plantiff and the defendant in a lawsuit that detail the facts, charges, and defenses involved in the ligation. The complaint and answer are part of the pleadings
Summons
A document infroming a defendant that a legal action has been commenced against her or him and that the defendant must appear in court on a certain date to answer the plantiff’s complaint
Complaint
The pleading made by the plantiff alleging wrong doing on the part of of the defendant; the document that, when filed with a court, initiates a lawsuit
Anwser
Procedurally, a defendant’s response to plantiff’s complaint
Anwser can lead to
Default Judgement
Default Judgement
A judgement entered by a court against a defendant who has failed to appear in court to answer or defend against the plaintiff
Counter claim
A claim made by a defendant in a civil lawsuit against the plaintiff. In effect, the defendant is suing the plantiff.
Reply
Procedurally, a plantiff’s response to a defendant’s anwser
Trial of Progressions of civil actions Start
starts with Complaint filed
Trial of progressions of civil actions: Complaint filed
before anwser filed
trial progressions of civil actions: Anwser Filed
after Complaint filed.
before discovery proceedings
Trial progression of civil actions: Discovery proceedings
after anwser filed.
before motions filed relating to discovery matters
trial progressions of civil actions: motions filed relating to discovery matters
after discovery proceedings
before pretrial proceedings
trial progression of civil actions: pretrial proceedings
after motions filed relating to discovery matters
before trial by judge or jury
trial progression of civil actions: trial by judge or jury
after pretrial proceedings
before termination by judge or jury verdict
Trial progressions of civil actions: termination by judge or jury verdict
after trial by judge or jury
Judicial review
the process by which a court decides on the constitutionality of legislative enactments and actions of the executive branch
Jurisdiction
the authority of a court to hear and decide a specific case
long arm statute definition
A state state that permits a state to obtain personal jurisdiction over nonresident defendants. A defendant must have certain “minimum contacts” with that state for the statute to apply.
Probate Court
a state court of limited jurisdiction that conducts proceedings relating to the settlement of a deceased person’s estate
Bankruptcy court
a federal court of limited jurisdiction that handles only bankruptcy proceedings, which are governed by federal bankruptcy law
Federal question defintion
a question that pertains to the US constitution, acts of congress, or treaties. A federal question provides a basis for federal jurisdiction
diversity of citizenship definition
under article III, section 2, of the US constitution, a basis for federal district court jurisdiction over a lawsuit between 1) citizens of different state 2) a foreign country and citizens of a state or different states 3) citizens of a state and citizens or subjects of a foreign country. The amount in controversy must be more than 75,000 before a federal district court can take jurisdiction in such cases.
Concurrent Jurisdiction definition
jurisdiction that exists when two different courts have the power to hear a case. For example, some cases can be heard in a federal or state court
Exclusive jurisdiction
jurisdiction that exists when a case can be heard only in a particular court or type of court
Venue definition
the geographic district in which a legal action is tried and from which the jury is selected
standing to sue definition
the requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit. the plaintiff must demonstrate that he or she has been either injured or threatened with injury
justiciable controversy definition
A controversy that is not hypothetical or academic but real and substantial; a requirement that must be satisfied before a court will hear a case.
writ of certiorari defintion
a writ from a higher court asking a lower court for the record of a case
rule of four
a rule the united states supreme court under which the court will not issue a writ of certiorari unless at least four justices approve of the decision to issue the writ
Litigation
the process of resolving a dispute through the court system
motion to dismiss
a pleading in which a defendant asserts that the plaintiff’s claim fails to state a cause of action (that is, has no basis in law) or that there are other grounds on which the suit should be dismissed. Although the defendant normally is the party requesting a dismissal, either the plaintiff or the court can also make a motion to dismiss the case.
motion for judgement on pleadings
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
motion for summary judgement
a motion requesting the court to enter a judgement 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
discovery
A phase in the litigation process during which the opposing parties may obtain information from each other and from third parties prior to trial
deposition
the testimony of a party to a lawsuit or a witness taken under oath before a trial
interrogatories
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
E-Evidence
evidence that consist of computer-generated or electronically recorded information, including e-mail voice mail, spreadsheets, document preparation systems, and other data.
Voir dire
an old french phrase meaning “to speak the truth” in legal language, the process in which the attorneys question prospective jurors to learn about their backgrounds, attitudes, biases, and other characteristics that may effect their ability to serve as impartial jurors.
motion for a directed verdict
in a jury trial, a motion for the judge to take the decision out of the hands of the jury and to direct a verdict for the party who filed the motion on the ground that the other party has not produced sufficient evidence to support her or his claim
Award
in litigation, the amount of monetary compensation awarded to the plaintiff in a civil lawsuit as damages. In the context of alternative dispute resolution, the decision rendered by an arbitrator
Motion for judgment N.O.V.
a motion requesting the court to grant judgement in favor of the party making the motion on the ground that the jury’s verdict against him or her was unreasonable and erroneous
motion for a new trial
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
brief
a formal legal document prepared by a party’s attorney for the appellant or the appellee (in answer to the appellant’s brief) and submitted to an appellate court when a case is appealed. The appellant’s brief outlines the facts and issues of the case, the judge’s ruling or jury’s findings that should be reversed or modified, the applicable law, and the arguments on the client’s behalf.
docket
the list of cases entered on court’s calendar and thus scheduled to be heard by the court
Alternative Dispute resolution (ADR)
the resolution of disputes in ways other than those involved in the traditional judicial process. Negotiation, mediation, and arbitration are forms of ADR
Negotiation
a process in which parties attempt to settle their dispute informally, with or without attorneys to represent them.
mediation
a method of settling disputes outside the courts by using the services of a neutral third party, who acts as a communicating, agent between the parties and assists them in negotiating a settlement.
arbitration
the settling of a dispute by submitting it to a disinterested third party (other than a court) who renders a decision that is (most often) legally binding
arbitration clause
a clause in a contract that provides that, in the event of dispute, the parties will submit the dispute to arbitration rather than litigate the dispute in court.
Online dispute resolution (ODR)
the resolution of disputes with the assistance of organizations that offer dispute-resolution services via the internet.
