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42 Cards in this Set
- Front
- Back
Jurisdiction |
courts power to hear cases and render decisions that bind that parties before them
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trial courts, court of original jurisdiction, common pleas, county courts, district court
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courts that have the power to hear and decide cases as they first enter the legal system
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courts of appellate jurisdiction, appellate courts
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courts that have the power to review previous judicial decisions to determine whether trial courts erred in their decisions.
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in personam jurisdiction, peresonal jurisdiction
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the power of a court to require that a party or a witness come before the court: extends to the states borders for state and geographical district for federal
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complaint
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a formal written document that begins a civil lawsuit, contains the plaintiffs list of allegations against the defendant, along with the damages the plaintiff seeks
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summons
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a legal document issued by a court and addressed to a defendant that notifies him or her of a lawsuit
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service of process
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the procedure by which a court delivers a copy of the statement of claim or other legal documents, such as summons, complaint, or subpoena to a defendant
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personal service
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the process in which an officer of the court hands legal documents such as a summons or complaint, to the defendant
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long arm statutes
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enable the vourt to serve defendants outside the state as long as the defendant has sufficient minimum contacts within the state and it seems fair to assert this jurisdiction.
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in rem jurisdiction
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the power of a court over the property or status of an out or state defendant located within the courts jurisdiction area
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quasi in rem jurisdiction
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a type of jurisdiction exercised by a court over an out of state defendant's property that is within the jurisdictional boundaries of the court: applies to personal suits against a defendant in which the property is not the source of he conflict but is sought as compensation by the plaintiff. Also called attachment jurisdiction.
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subject matter jurisdiction
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the power of a court over the type of case presented to it
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Exclusive Federal Jurisdiction
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admiralty cases, bankruptcy cases, federal criminal prosecutions, cases in which one state sues another state, claims against the united states, federal patent, trademark, and copyright claims, other claims involving federal statutes that specify exclusive federal jurisdiction
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concurrent federal jurisdiction
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federal question cases, diversity of citizenship cases
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state jurisdiction
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all cases not falling under exclusive federal jurisdiction.
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venue
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the court with subject matter and personal jurisdiction that is the most appropriate geographic location for the resolution of a dispute.
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3 threshold requirements for a case to enter court
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Standing, case or controversy, ripeness
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Standing
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the legal right of a party to bring a lawsuit by demonstrating to the court sufficient connection to and harm from the law or action challenged.
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case of controversy
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a term uses in the U.S. constitution to describe the structure and requirements of conflicting claims of individuals that can be brought before a federal court for resolution, requires an actual dispute between parties that remains in conflict at the time the case is presented and that is a proper matter for judicial determination
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ripeness
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a measure of the readiness of a case for a decision to be made: designed to prevent premature litigation for a dispute that is insufficiently developed.
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default judgement
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judgement for the plaintiff that occurs when the defendant fails to respond to the complaint
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answer
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the response of the defendant to the plaintiffs complaint
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motion to dismiss
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in a civil case a request by the defendant that asks a judge or a court to dismiss the case because even if all the allegations are rue the plaintiff is not entitled to any legal relief
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motion
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in a civil case a request made bu either party that asks a judge or a court to issue an order in that party's favor
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counterclaim
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a claim made by the defendant against the plaintiff that s filed along with the defendant's answer
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reply
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a response by the plaintiff to the defendant;s counterclaim
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motion for judgement on the pleadings
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in a civil case, a request made by either party after pleadings have been entered that asks a judge or a court to issue a judgement
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motion for summary judgement
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in a civil case, a request made by either party that asks a judge of a court to promptly and expeditiously dispose of the case without a trial
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Discovery
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the pretrial phase in a lawsuit which each party requests relevant documents and other evidence from the other side in an attempt to "discover " pertinent facts and to avoid any surprises in the courtroom during the trial.
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interrogatories
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written questions one paryy sends to the other to answer under oath
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request to produce documents
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in a lawsuit a discovery tool that forces the opposing party to produce certain information unless t is privileged or irrelevant to the case
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deposition
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a pretrial sworn and recorded testimony of a witness that is acquired out of court with no judge present
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pretrial conference
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a meeting of the judge and the attorneys for both sides to narrow the issues for trial and identify witnesses for trial
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pretrial stage
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informal negotiations, pleadings, service of process,defendants response, pretrial motions, discovery, pretrial conference
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trial stages
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jury selection, opening statements, examination of witnesses, closing arguments, conference on jury instructions, posttrial motions
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vior dire
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the process of questioning potential juror o ensure that the jury will be made up of non-biased individuals
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peremptory challenges
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allow a party to challenge a certain number of potential jurors without giving a reason
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mock trial
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a contrived or imitation trial
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shadow jury
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an unofficial jury that watches the actual trial and deliberates at the end of each day to give the attorney an idea of how the real jurors are reacting to the case.
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directed verdict
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a ruling by the judge after the plaintiff has presented her case but before any evidence is put forward by the defendant, in favor of the defendant because the plaintiff failed to present the minimum amount of evidence necessary to establish his claim.
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prejudicial error of law
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an error of law that is so significant that it affects the outcome of the case
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brief
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a written legal argument which a party presents to a court that explains why that party to the case should prevail
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