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92 Cards in this Set
- Front
- Back
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court
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tribunal established by govt to hear and decide matters brought before it, provide remedies when a wrong has been committed, and prevent possible wrongs from happening
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jurisdiction
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the power to hear cases
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subject matter jurisdiction
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type of proceeding that the court holds
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original jurisdiction
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trial court or court with the authority to conduct the first proceedings in the case
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general jurisdiction
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broad authority over different types of cases: civil and criminal
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limited or special jurisdiction
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authority to hear only particular cases ex. juvenile courts, probate courts, etc
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U.S. Tax Court
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limited or special jurisdiction court, federal
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appellate jurisdiction
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review the work of a lower court
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appeal
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review of the trial and decision of the lower court
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What does an appellate court not do
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hear witnesses or take testimony; usually three judges
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reversible error
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mistake in applying the law or a mistake in admitting evidence that affected the outcome of the case.
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3 choices of appellate court
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affirm , reverse, remand
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What are the federal courts. criminal and civil, of original jurisdiction called?
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federal district courts
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4 types of cases federal district courts may hear
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1/ violation of federal law
2/ civil suits in which the US is a party 3/ citizens of different states that involve damages of 75000 or more 4/ US Constitution, laws, or treaties questioned |
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how many federal district courts?
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94; 89 in US
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Federal system additional courts
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Tax Court
Court of Federal Claims Indian tribal courts Court of Veterans Appeals |
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Appellate court of the Federal District Courts
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U.S. Courts of Appeals
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Why did the appellate court overturn the Yates case?
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reversible error; law and order testimony
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How many Federal Districts are there?
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12+ 1 for specialty cases
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When a full panel of judges on Court of Appeals hear the case?
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en banc
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Who does the Supreme Court have appellate jurisdiction (2)
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Federal Courts of Appeals
state supreme courts on constitutional issues |
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D.C. Circuit
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most of caseload from federal agencies; some appeals from US District Court in D.C.
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What does Federal Circuit Court in D.C. hear?
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subject matter cases
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What does Supreme Court grant when agreeing to accept a case
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writ of certiorari
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All Federal Courts (but Supreme) created by who?
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Congress
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When does Supreme Court have original jurisdiction?
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cases between states
cases involving ambassadors, public ministers, etc |
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names for state general trial courts
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superior
circuit county |
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examples of state courts with limited jurisdiction?
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family law
probate juvenile |
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what kind of jurisdiction do state lesser courts have?
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limited
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other names for lesser courts
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municipal
justice small claims |
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Intermediate level state courts
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state appelate courts
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highest court in states
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Supreme some state variation (NY: Court of Appeals; MA: Supreme Judicial Court)
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Example of case type State Supreme must hear
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death penalty
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Do state courts ever have original jurisdiction?
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yes, a few such as AZ
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plantiff
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party that initiates the proceedings in court of original jurisdiction
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prosecutor
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party initiating proceedings in criminal cases
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defendant
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party again whom the civil or criminal proceedings are brought against
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judge
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primary officer of the court- either elected or appointed
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attorney-client privilege
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confidentiality unless client is planning a crime
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jury
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body of citizens sworn by court to reach a verdict
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law of the forum (foreign: conflict of laws)
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what law will be applied when determining the rights of the parties
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How is forum usually applied?
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by the location (even outside US) that the contract was made; some contracts will specify f
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Criteria for determining forum (7)
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1/ place of contracting
2/ negotiating place 3/ performing place 4/ subject matter place 5/ domicile 6/ state of incorporation 7/ business place of parties |
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1st step of lawsuit
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filea complaint
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2nd step of lawsuit
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plantiff to notify the defendant
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process, writ, notice or summons
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process that is delivered to defendant including copy of complaint and notification of appearance
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answer
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defendants required response to the complaint
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motion to dismiss
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specific answer to a summons; no right to recovery
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demurrer
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another name for "motion to dismiss"
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counterclaim
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defendants possible response to deny allegations
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pleading
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what all documents are called in initial phase
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discovery
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right for one parry to obtain from the adverse party info on witnesses, documents, written interrogatories, written requests for production of documents relevant items
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depositition
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testimony of a witness under oath outside of court
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Why are depositions taken?
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discovery purposes
preserve testimony (may not be present in court) can be used to impeach witness credibility at trial if later contradicted |
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motion for summary judgement
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filing by either party that there is no factual issues; decide now.
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expert witness
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witness with some special expertise;there are rules to this
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name for jury selection
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voir dire examination
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challenged for cause
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request to remove jurors if opinions have already been formed.
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peremptory challenge
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no reason to remove juror required (except if racial issues a question)
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opening statement
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create frame of case so jurors can fill in the puzzle pieces
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presentation of evidence
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plaintiffs presentation of case
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direct examination
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initial attorney questioning of his/ her witnesses
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cross-examination
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2nd go at witness by other side
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redirect-examination
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3rd go at witness by plaintiff side
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recross-examination
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4th go at witness by defense side
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Which side presents first?
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plantiff
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Motion for a Directed Verdict
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asks court to grant a verdict after both sides are heard, says there is no basis for recovery
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summation
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each attorneys final address to jury
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closing argument or summations
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final summary and argument for particular verdict
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mistrial
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terminates the trial and requires new start with new jury
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instructions
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advice by judge to jurors on appropriate law
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non obstante veredicto or judgment n.o.v
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judge declares verdict wrong- enters new one. Ex. Boston nanny
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recovery of costs
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filing fees
service- of-process fees attorney fees witness fees no compensation for time spend at trial |
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writ of execution or writ of possession
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seizure and sale of losing party's assets; garnishments
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Alternative Dispute Resolution (ADR) (&)
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arbitration
mediation reference to referee association tribunal summary jury trial rent-a-judge minitrial |
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arbitration
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Arbitrator usually expert, hears evidence to determine resolution
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agreement of parties in advance to settle disputes under arbitration is regulated by what?
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Uniform Arbitration Act (some states have adopted)
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what regulates the interstate equivalent of prearranged arbitration clauses
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Federal Arbitration Act
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mandatory arbitration
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requires some disputes by settled through arbitration
like small claims |
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scope of arbitration
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statute defines scope; any doubts... the arbitrator
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trial de novo
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appeal of arbritation as if it never happened when arbritration was required under statute
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when arbitration voluntary, decision final except when (3)
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arbitrary conduct
fraud significant procedural error |
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mediation
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when neutral person works as messenger in dispute, no authority but has ideas to resolve
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MedArb
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arbitrator is also works as mediator in ADR cases
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Reference to a Third Person
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contracts that call on particular person or committee to make final judgment
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Association Tribunals
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group or association in which both members belong decide; customers may go directly to court
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Summary Jury Trial
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mock trial with six jurors and no witnesses; meant to get idea of how real jury would react
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Rent-A-Judge
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when parties hire a judge (referee) may agree before hand decision cannot be appealed
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minitrial
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only part of case in dispute is taken to trial
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Judicial Triage
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way to prioritize heavy caseload
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contract provision examples
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"cooling-off period"
use of procedures specified continued performance |
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ombudsman
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public official who receives complaints and makes recommendations
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