Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
57 Cards in this Set
- Front
- Back
District Courts
|
Trial courts of general jurisdiction that can hear and decide most legal controversies in the federal system
|
|
Courts of Appeals
|
Hear appeals from the district courts and review orders of certain administrative agencies
|
|
Reverse
|
Set aside the lower court's judgement
|
|
Modify
|
To change the lower court's judgement
|
|
Remand
|
Send the case back to a lower court
|
|
Affirm
|
Uphold the lower court's judgement
|
|
The Supreme Court
|
Nation's highest court whose principal function is to review decisions of the Federal Courts of Appeals and the highest state courts
|
|
Appeal by Right
|
Mandatory review by a higher court
|
|
Writ of Certiorari
|
Discretionary review by a higher court
|
|
Special Courts
|
Have jurisdiction over cases in a particular area of federal law and include the U.S. Court of Federal Claims, The Tax Court, The U.S. Bankruptcy Court, and the U.S. Court of Appeals for the Federal Circuit
|
|
Inferior Trial Courts
|
Hear minor criminal cases such as traffic offenses and civil cases involving small amounts of money and conduct preliminary hearings in more serious criminal cases
|
|
Small Claims Courts
|
Inferior trial courts with jurisdiction over civil cases involving a limited dollar amount
|
|
Trial Courts
|
Have general jurisdiction over civil and criminal cases
|
|
Special Trial Courts
|
Trial courts, such as probate courts and family courts, which have jurisdiction over a particular area of state law
|
|
Appellate Courts
|
Include one or two levels; the highest court's decisions are final except in those cases reviewed by the Supreme Court
|
|
Jurisdiction
|
Authority of a court to hear and decide a case
|
|
Subject Matter Jurisdiction
|
Authority of a court to decide a particular kind of case
|
|
Exclusive Federal Jurisdiction
|
Jurisdiction that permits only the federal courts to hear a case
|
|
Concurrent Federal Jurisdiction
|
Authority of federal or state courts to hear the same case
|
|
Federal Question
|
Any case arising unde the Constitution, statutes, or treaties of the United States
|
|
Jurisdiction Over the Parties
|
Power of a court to bind the parties to a suit
|
|
In Personam Jurisdiction
|
Jurisdiction based on claims against a person, in contrast to jurisdiction over property
|
|
In Rem Jurisdiction
|
Jurisdiction based on claims against property
|
|
Quasi in Rem Jurisdiction
|
Jurisdiction over property not based on claims against it
|
|
Venue
|
Particular geographical place where a court with jurisdiction may hear a case
|
|
Pleadings
|
Series of responsive, formal, written statements by each side to a lawsuit
|
|
Complaint
|
Initial pleading by the plaintiff stating his case
|
|
Summons
|
Notice given to inform a person of a lawsuit against her
|
|
Default Judgement
|
Judgement against a defendant who fails to respond to a complaint
|
|
Demurrer
|
Motion to dismiss for failure to state a claim
|
|
Answer
|
Defendant's pleading in response to the plaintiff's complaint
|
|
Reply
|
Plaintiff's pleading in response to the defendant's answer
|
|
Pretrial Procedure
|
Process requiring the parties to disclose what evidence is available to prove the disputed facts; designed to encourage settlement of cases or to make the trial more efficient
|
|
Judgement on the Pleadings
|
Final binding determination on the merits made by the judge after the pleadings
|
|
Discovery
|
Pretrial exchange of information between opposing parties to a lawsuit
|
|
Pretrial Conference
|
A conference between the judge and the attorneys to simplify the issues in dispute and to attempt to settle the dispute without trial
|
|
Summary Judgement
|
Binding determinations on the merits made by the judge before trial
|
|
Trial
|
Determines the facts and outcome of the case
|
|
Veir Dire
|
Prelimary examination of potential jurors
|
|
Conduct of Trial
|
Consists of opening statements by attorneys, direct and cross examination of witnesses, and closing arguments
|
|
Directed Verdict
|
Final binding determination on the merits made by the judge after a trial has begun but before the jury renders a verdict
|
|
Jury Instructions
|
Judge gives the jury the particular rules of law that apply to the case
|
|
Verdict
|
Formal decision by the jury on questions submitted to it
|
|
Motions Challenging Verdict
|
Include motions for a new trial and a motion for judgement nonwithstanding the verdict
|
|
Judgement Nonwithstanding the Verdict
|
A final binding determination on the merits made by the judge after and contrary to the jury's verdict
|
|
Appeal
|
Determines whether the trial court committed prejudicial error
|
|
Enforcement
|
Plaintiff with an unpaid judgement may resort to a writ of execution to have the sheriff seize the property of the defendant and to garnishment collect money owed to the defendant by a third party
|
|
Arbitration
|
Nonjudicial proceeding where a neutral third party selected by disputants renders a binding decision
|
|
Consensual Arbitration
|
Arbitration voluntarily entered into by the parties
|
|
Compulsory Arbitration
|
Arbitration required by statute for specific types of disputes
|
|
Award
|
The decision of an arbitrator
|
|
Conciliation
|
Nonbinding process in which a third party acts as an intermediary between the disputing parties
|
|
Mediation
|
Non binding process in which a third party acts as an intermediary between the disputing parties and proposes solutions for them to consider
|
|
Med-Arb
|
Binding process in which a third party serves first as a mediator and then as an arbitrator for those issues not resoved through mediation
|
|
Mini-Trial
|
Non binding process in which attorneys for the disputing parties present evidence to managers of the disputing parties and a neutral third party, and then the managers attempt to negotiate a settlement in colsulation with the third party
|
|
Summary Jury Trial
|
Mock trial followed by negotiations
|
|
Negotiation
|
Consensual bargaining process in which the parties attempt to reach an agreement resolving their dispute without the involvement of third parties
|