LITIGATION Flashcards

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1
Q

Limited-Jurisdiction Trial Court

A

A court that hears matters of a specialized or limited nature.

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2
Q

Small Claims Court

A

A court that hears civil cases involving small dollar amounts.

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3
Q

General-Jurisdiction Trial Court

A

A court that hears cases of a general nature that are not within the jurisdiction of limited-jurisdiction trial courts. Testimony and evidence at trial are recorded and stored for future reference.

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4
Q

Intermediate Appellate Court

A

An intermediate court that hears appeals from trial courts.

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5
Q

State Supreme Court

A

The highest court in a state court system; it hears appeals from intermediate appellate state courts and certain trial courts.

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6
Q

Special Supreme Court

A

Federal courts that hear matters of specialized or limited jurisdiction.

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7
Q

U.S. District Courts

A

The federal court system’s trial courts of general jurisdiction.

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8
Q

U.S. Courts of Appeals

A

The federal court system’s intermediate appellate courts.

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9
Q

Court of Appeals for the Federal Circuit

A

A U.S. Court of Appeals in Washington, DC. that has special appellate jurisdiction to review the decisions of the Court of Federal Claims, the Patent and Trademark Office and the Court of International Trade.

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10
Q

U.S. Supreme Courts

A

The highest court in the United States, located in Wash DC. The Supreme Court was created by Article III of the US Constitution.

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11
Q

Petition of Certiorari

A

A petition asking the Supreme Court to hear a case.

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12
Q

Writ of Certiorari

A

An official notice that the Supreme Court will review a case.

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13
Q

Federal Question Case

A

A case arising under the US Constitution, treaties, or federal statutes and regulations.

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14
Q

Diversity of Citizenship

A

A means for bringing a lawsuit in federal court that involves a nonfederal question if the parties are 1. Citizens of different states or 2. a citizen of a state and a citizen or subject of a foreign country.

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15
Q

Exclusive Jurisdiction

A

Jurisdiction held by only one court.

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16
Q

Concurrent Jurisdiction

A

Jurisdiction shared by two or more courts.

17
Q

Standing to sue

A

Some Stake in the outcome of a lawsuit.

18
Q

In Personam Jurisdiction

A

Jurisdiction over the parties to a lawsuit.

19
Q

Service of Process

A

A summons being served on the defendant to obtain personal jurisdiction over him or her.

20
Q

In Rem jurisdiction

A

Jurisdiction to hear a case because of jurisdiction over the property of the lawsuit.

21
Q

Quasi in rem jurisdiction

A

Jurisdiction that allows a plaintiff who obtains a judgement in one state to try to collect the judgement in one state to try to colloct the judgement by attaching property of the one defendant located in another state.

22
Q

Long-Arm Statute

A

A statute that extends a state’s jurisdiction to nonresidents who were not served a summons within the state.

23
Q

Venue

A

A concept that requires lawsuits to be heard by the court with jurisdiction that is nearest the location in which the incident occurred or where the parties reside.

24
Q

Forum-selection clause

A

A contract provision that designates a certain court to hear any dispute concerning non-performace of the contract.

25
Q

Choice-or-law clause

A

A contract provision that designates a certain state’s law or country’s law that will be applied in any dispute concerning nonperformance or the contract.