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Business Law > Court System and Proceedings > Flashcards

Court System and Proceedings Flashcards

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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
Q

Redirect (Re-Cross)

A

Back to questioning by original party, open-ended questions, can only redirect on things mentioned in the cross

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26
Q

Federal Rules of Evidence (FRE)

A

Specifics on what, who, and how evidence can be presented, promotes reliable fact finding. Witnesses, relevance, negligence, witness credibility, hearsay

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27
Q

Objections

A

When evidence offered violates the federal rules of evidence. Sustatianed (Agrees evidence can’t come in), Overruled (Evidence can come in)

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28
Q

Witnesses

A

You can only testify about information you personally know or saw. FRE

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29
Q

Relevance

A

Evidence must be relevant, make some sort of impact on the case. FRE

30
Q

Negligence

A

Duty, Breach, Causation, Damages. Witnesses establish these things. FRE

31
Q

Hearsay

A

Can’t say what someone else said only your personal story, no 2nd hand statements

32
Q

Indicia of Reliability

A

More reliable than regular hearsay, applies to business records since automatically generated and recorded

33
Q

Admission by Party Opponent

A

Plaintiff says something defendant said, not hearsay since defendant is there and can defend themselves

34
Q

Closing Arguments

A

Speech to jury by each attorney, in lay terms, using four parts of negligence, common sense argument

35
Q

Jury Instructions

A

Judge tells the jury what is required to have been proven to convict someone

36
Q

Jury Deliberation

A

First time the jury can meet and discuss what they believe the verdict should be, foreperson announces the jury’s decision

37
Q

Verdict

A

What the Jury’s decision is. Guilty and charges, liable with recommendation for damages. Verdict options.

38
Q

Judgement (Order)

A

Judge reads Jury verdict and gives final order

39
Q

Judgement non-withstanding the verdict

A

Motion for judge to make opposite judgment and disregard jury verdict

40
Q

Article I Legislative Courts

A

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
Q

US Circuit Courts of Appeals

A

13 circuits, 3 judge panel with majority vote, appeals are NOT new trials, correcting errors,

42
Q

Record Brief

A

All info presented in the original trial, given to the appellate court

43
Q

Appellate Brief

A

Written argument, addresses errors that were made in the original trial

44
Q

Responsive Brief

A

Winner of original trial saying why lower court verdict should stand, no error or error didn’t matter

45
Q

Oral Argument of Appeal

A

3 Judge panel, 30 min arguments from each side, judges can ask questions

46
Q

USSC

A

Only court created in US Constitution, final interpreter of federal law

47
Q

Supreme Court Justices

A

9 total, nominated by president and confirmed by the senate, big vetting process beforehand (FBI, ABA Ranking, background check, outside lobbying), lifetime appointment

48
Q

Long arm statute

A

State statute that permits a state to exercise jurisdiction over nonresident defendant based on activities within the state

49
Q

Minimum contacts test

A

Determines if courts can exercise jurisdiction over out of state corporations (Ex they sell products in the state)

50
Q

Diversity of Citizenship

A

Cases between citizens of different states, a foreign country and US citizens, and US citizens and foreign citizens

51
Q

Concurrent Jurisdiction

A

When two different courts have the power to hear a case

52
Q

Exclusive Jurisdiction

A

When a case can only be heard in a particular court

53
Q

Standing to sue

A

A sufficient state in the matter to justify seeking relief through the court system

54
Q

Complaint

A

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
Q

Motion to Dismiss

A

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
Q

Summons

A

Notifies the defendant they are required to prepare an answer

56
Q

Answer

A

Defendant response to a complaint, accepts and denies each part of complaint

57
Q

Counterclaim

A

Any claim they may have against the plaintiff regarding the same event

58
Q

Motion for Judgement on the Pleadings

A

No facts are disputed so only questions of law are at issue, court may not consider any evidence outside the pleadings

59
Q

Motion for Summary Judgement

A

No facts are disputed so only questioning the law, but additional evidence may be used

60
Q

Deposition

A

Any evidence verified by oath

61
Q

Interrogatory

A

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
Q

Meta data

A

Data that is electronically recorded automatically and provides info about who created a file and its history

63
Q

Motion for a directed verdict

A

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
Q

Motion for a new trial

A

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
Q

Appellant

A

Party who appeals

66
Q

Appelle

A

Party against whom an appeal is taken

67
Q

Record on Appeal

A

Includes trial testimony and evidence

68
Q

Reversed

A

An error was made, judgement is reversed

69
Q

Remanded

A

Case is sent back to the court that originally heard it for a new trial

70
Q

Affirmed

A

Enforcement of the courts decision

Business Law (13 decks)

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