Courts and Alternative Dispute Resolution Flashcards
Basic judicial requirements
Jurisdiction, venue, and standing to sue.
The authority of a court to hear and decide a specific case.
Jurisdiction
A statute that permits a state to exercise jurisdiction over nonresident defendants.
Long arm statute.
The process by which a court decides in the constitutionality of legislative enactments of the executive branch.
Judicial Review
True or False?
Corporate Contacts
The minimum-contacts requirement is usually met if the corporation advertises or sells products within the state, or places it’s goods into the “stream of commerce” with the intent that the foods be sold in the state.
True
A state court of limited jurisdiction that conducts proceedings relating to the settlement of a deceased person’s estate.
Probate Court
A federal court of limited jurisdiction that handles only bankruptcy proceedings, which are governed by federal bankruptcy law
Bankruptcy Court
A question that pertains to the U.S. Constitution, an act of Congress, or a treat and provides a basis for a federal jurisdiction in a case.
Federal Question
The most common type of diversity jurisdiction has 2 requirements.
- The plaintiff and defendant must be residents of different states.
- The dollar amount in controversy must exceed $75,000.
A basis for federal court jurisdiction over a lawsuit between citizens of different states and countries.
Diversity of Citizenship
Jurisdiction that exists when two different courts have the power to hear a case.
When both federal and state courts have the power to hear a case.
Concurrent Jurisdiction
Jurisdiction that exists when a case can be heard only in a particular court or type of court.
When cases can be tried only in a federal court or only in state courts.
Exclusive Juridiction
For determining when the exercise of jurisdiction over an out-of-state defendant is proper.
The “Sliding-Scale” Standard
The geographic district in which a legal action is tried and from which the jury is selected.
Venue
The legal requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit.
Standing to Sue
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.
Justifiable Controversy
Article 1 Section 8
“Commerce Clause”
Feds have power to regulate among the states
A document informing a defendant that a legal action has been commenced against he or him and that the defendant must appear in court on a certain date to answer the plaintiffs complaint.
Summons
The pleading made by a plaintiff alleging wrongdoing on the part of the defendant. When filed with a court, the complaint initiates a lawsuit.
Complaint
Procedurally, a defendants response to plaintiffs complaint.
Answer
Statements by the plaintiffs D the defendants that detail the facts, charged, and defenses of a case.
Pleadings
A method by which the opposing parties obtains information from each other to prepare for trial.
Discovery
The process of resolving a dispute through the court system.
Litigation
A judgement entered by a four against a defendant who has failed to appear in court to answer or defend against the plaintiffs claim.
Default Judgement
A claim made by a defendant in a civil lawsuit against the plaintiff. In effect, the defendant is suing the plaintiff.
Counterclaim
A pleasing in which a defendant admits the facts as alleged by the plaintiff but assets that the plaintiffs claim to state a cause of action has no basis in law.
Motion to Dismiss
The testimony of a party to lawsuit or a witness taken under oath before a trial.
Deposition
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.
Interrogatories
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 Judgement on the Pleadings
A motion requesting the court to enter a judgment 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.
Motion for Summary Judgment
