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Blaw Ch.2 exam
Judicial Procedures
27
Other
Undergraduate 3
09/12/2016

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Cards

Term
procedural rules
Definition
provide a framework for every dispute and specify what must be done @ each stage of litigation process
Term
trial courts
Definition

dispute facts, what law applies, and how it should be applied

limited general juris.

Term
appellate courts
Definition
in most states there is at least 1 appeal
Term
jurisdiction
Definition
power to hear and decide on a case
Term
before a court can hear a case it must 1st.....
Definition
have juris. over both the person against whom the suit is brought or the property involved, & the subject matter of the case
Term
long-arm statutes
Definition
allows for juris. over non-resident defendants provided the non-resident defend. has minimum contacts w/ the state
Term
subject matter jurisdiction
Definition
court is limited in types of cases it can hear
Term
courts of original juris.
Definition
trial courts
Term
courts of appellate juris.
Definition
reviewing courts
Term
fed. courts have SMJ in....
Definition
federal question & diversity of citizenship
Term
federal question
Definition
a suit which involves a question arising under the Constitution or fed. law
Term
diversity of citizenship
Definition
involves citizens of different states, a foreign country, & and american citizen or a foreign citizen and an american citizen.
Term
concurrent juris.
Definition
both state & fed. courts have power to hear a case
Term
exclusive juris.
Definition
when case can only be heard in fed. court or state courts
Term
venue
Definition
most appropriate location for trial
Term
standing to sue
Definition
the party must have suffered a harm or threatened of a harm
Term
3 stages of litigation process
Definition
pretrial, trial, post trial
Term
types of lawyer fees?
Definition

fixed fees (u owe x amount regardless)

hourly fees

contingency fees (based on if u win/lose)

Term
pleadings
Definition
inform each party of others' claims
Term
motion to dismiss
Definition
may be based on any of several grounds
Term
despositions
Definition
recorded interviews of a party or witness
Term
pretrial conference
Definition

set rules 4 trial

any chance of settling litigation

Term
jury selection
Definition
u aren't picking jurors u are weeding them out
Term
direct examination
Definition
question your own witness
Term
direct examination
Definition
question your own witness
Term
cross examination
Definition
question their witness
Term
closing arguments
Definition

convince jury

bets are off

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