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Court System and Proceedings Flashcards

1
Q

Jurisdiction

A

Who has power over what cases

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2
Q

Federal Jurisdiction

A

Any case arising under the Constitution or reasonably inferred there from, also appealed cases

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3
Q

Diversity of Citizenship

A

2 people from different states in federal court but still applying state law where the event occurred

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4
Q

State Court Jurisdiction

A

Anything non-constitution related

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5
Q

May States add protections?

A

Yes. Constitutional Law is the floor not the ceiling, States may add protections but once constitution says no it is a no for everyone

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6
Q

Federal Court System Order

A

US District Courts - US Circuit Courts of Appeal - US Supreme Court

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7
Q

US District Courts

A

Handles most cases, trials, verdicts, judgments. 94 districts, at least one per state,

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8
Q

US Circuit Courts of Appeal

A

Mandatory appeals, error correction, 12

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9
Q

US Supreme Court

A

Discretionary appeals, inter circulatory debates, writ of certiorari required

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10
Q

Writ of Certiorari

A

Request to be heard by USSC, to be granted 4 judges must agree (rule of 4), requesting to send record of the case for USSC review, denial is not precedent

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11
Q

Specialty Courts

A

Created in Article I, Bankruptcy courts ex

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12
Q

General Jurisdiction

A

As long as rules are followed district courts will hear it, first place to get heard, no discretion (Only need to meet jurisdiction and procedural requirements)

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13
Q

Trial Process Overview

A

Pretrial (Pleadings, discovery, motions), Jury selection (Vior Dire), Opening Statements, Case in Chief (Direct, cross, redirect, recross), rules of evidence, closing arguments, jury instructions, jury deliberation, verdict, judgement, appeal

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14
Q

Pretrial

A

Pleading, discovery, motions (90% of cases never go past pretrial)

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15
Q

Plaintiff Complaint

A

Filed in court then served to defendant, cause of action, at the end prayer for relief (what you want)

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16
Q

Defendant Answer

A

Defendant admits or denies what has been brought against them

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17
Q

Discovery

A

Declaring witnesses, asking for information (documents, etc), interogitoria, request for things, written under oath testimonies, depositions (Giving all info to other side)

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18
Q

Motion Process

A

A request to the court for something, takes place before and during trial, (Dismiss case, limit evidence, etc)

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19
Q

Jury Selection

A

Guaranteed an unbiased jury, summon a pool of options then ask about biases

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20
Q

Vior Dire

A

Questioning process for jury selection

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21
Q

Opening Statements

A

Not evidence, telling the story, tell them what you’re going to tell them throughout the trial

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22
Q

Case-in-Chief

A

Plaintiff starts since they have the burden of proof, then defense to prove it wasn’t enough, done through questioning witnesses

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23
Q

Direct Examination

A

Part that calls the witness questioning, trying to get proof from witness, open-ended questions

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24
Q

Cross Examination

A

Opposition is questioning same witness, trying to undermine credibility, leading quesitons

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25
Redirect (Re-Cross)
Back to questioning by original party, open-ended questions, can only redirect on things mentioned in the cross
26
Federal Rules of Evidence (FRE)
Specifics on what, who, and how evidence can be presented, promotes reliable fact finding. Witnesses, relevance, negligence, witness credibility, hearsay
27
Objections
When evidence offered violates the federal rules of evidence. Sustatianed (Agrees evidence can't come in), Overruled (Evidence can come in)
28
Witnesses
You can only testify about information you personally know or saw. FRE
29
Relevance
Evidence must be relevant, make some sort of impact on the case. FRE
30
Negligence
Duty, Breach, Causation, Damages. Witnesses establish these things. FRE
31
Hearsay
Can't say what someone else said only your personal story, no 2nd hand statements
32
Indicia of Reliability
More reliable than regular hearsay, applies to business records since automatically generated and recorded
33
Admission by Party Opponent
Plaintiff says something defendant said, not hearsay since defendant is there and can defend themselves
34
Closing Arguments
Speech to jury by each attorney, in lay terms, using four parts of negligence, common sense argument
35
Jury Instructions
Judge tells the jury what is required to have been proven to convict someone
36
Jury Deliberation
First time the jury can meet and discuss what they believe the verdict should be, foreperson announces the jury's decision
37
Verdict
What the Jury's decision is. Guilty and charges, liable with recommendation for damages. Verdict options.
38
Judgement (Order)
Judge reads Jury verdict and gives final order
39
Judgement non-withstanding the verdict
Motion for judge to make opposite judgment and disregard jury verdict
40
Article I Legislative Courts
Only has a specific type of jurisdiction, handles a specific federal act, no judge lifetime tenure, needed for high-volume issues and specialized staff
41
US Circuit Courts of Appeals
13 circuits, 3 judge panel with majority vote, appeals are NOT new trials, correcting errors,
42
Record Brief
All info presented in the original trial, given to the appellate court
43
Appellate Brief
Written argument, addresses errors that were made in the original trial
44
Responsive Brief
Winner of original trial saying why lower court verdict should stand, no error or error didn't matter
45
Oral Argument of Appeal
3 Judge panel, 30 min arguments from each side, judges can ask questions
46
USSC
Only court created in US Constitution, final interpreter of federal law
47
Supreme Court Justices
9 total, nominated by president and confirmed by the senate, big vetting process beforehand (FBI, ABA Ranking, background check, outside lobbying), lifetime appointment
48
Long arm statute
State statute that permits a state to exercise jurisdiction over nonresident defendant based on activities within the state
49
Minimum contacts test
Determines if courts can exercise jurisdiction over out of state corporations (Ex they sell products in the state)
50
Diversity of Citizenship
Cases between citizens of different states, a foreign country and US citizens, and US citizens and foreign citizens
51
Concurrent Jurisdiction
When two different courts have the power to hear a case
52
Exclusive Jurisdiction
When a case can only be heard in a particular court
53
Standing to sue
A sufficient state in the matter to justify seeking relief through the court system
54
Complaint
Pleading made by a plaintiff or a charge made by the state alleging wrongdoing on the part of the defendant, start of a lawsuit
55
Motion to Dismiss
Pleading in which defendant admits the facts as alleged by the plaintiff but asserts that the plaintiff's claim has no basis in law
55
Summons
Notifies the defendant they are required to prepare an answer
56
Answer
Defendant response to a complaint, accepts and denies each part of complaint
57
Counterclaim
Any claim they may have against the plaintiff regarding the same event
58
Motion for Judgement on the Pleadings
No facts are disputed so only questions of law are at issue, court may not consider any evidence outside the pleadings
59
Motion for Summary Judgement
No facts are disputed so only questioning the law, but additional evidence may be used
60
Deposition
Any evidence verified by oath
61
Interrogatory
Series of written questions with prepared written answers by either party, can answer with attorney, obligated to answer even if it means disclosing info
62
Meta data
Data that is electronically recorded automatically and provides info about who created a file and its history
63
Motion for a directed verdict
A motion for the judge to direct a verdict for the moving party on the ground that the other party has not produced significant evidence to support their claim
64
Motion for a new trial
Post-trial motion, judge believes jury was in error but doesn't feel it's appropriate to grant a judgement for the other side
65
Appellant
Party who appeals
66
Appelle
Party against whom an appeal is taken
67
Record on Appeal
Includes trial testimony and evidence
68
Reversed
An error was made, judgement is reversed
69
Remanded
Case is sent back to the court that originally heard it for a new trial
70
Affirmed
Enforcement of the courts decision

Business Law (13 decks)

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