Term
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Definition
| handling a dispute in a less formal way then trial. When companies decided to arbitrate they contact the AAA. Binding Arbitration: means that the decision of the arbitrators in final; there can be no court challenge except on very limited grounds. Nonbinding Arbitration: is a preliminary step to litigation, if one of the parties is not satisfied with the result, the case may still be litigated. |
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Term
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Definition
| is a process in which both parties meet with a neutral mediator who listens to each side and explain its position. The mediator doesn’t make the final decision; their job is to get each party to mutually agree on a solution. Completely confidential. (ie: eBay vs. Amazon) |
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Definition
| Mediation arbitration is a creation in which the arbitrator begins by attempting to negotiate between two parties. If the parties don’t come to an agreement then the process goes to arbitration with the same party serving as the arbitrator. |
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Definition
| the parties have their lawyers present the strongest aspects of their cases to senior officials from both companies in the presence of a neutral advisor or a judge with experience in the field. Not binding. |
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Definition
| private court system in which parties may have their case heard before some one with judicial experience without waiting for the slower process of the public justice. (Judge Judy) |
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| often a resolution proposed after litigation and discovery, so it is a late form of ADR. Some times can save expense of a trial |
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Term
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Definition
| requires another attorney to with meet with parties, receive an assessment of the case by both sides and then provide an evaluation of the merits of the case. The attorney then gives on opinion on the resolution of the case. |
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Term
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Definition
| normally between employers and employees. Generally conducted with 3 weeks of demand; is a review by coworkers of the action taken against an employee. Then a manager, an employee and a random can take testimony, review documents and make a decision that can include an award of damages. |
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Definition
| Alternative Dispute Resolution |
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Definition
| American Arbitration Associations: when parties agree to arbitrate. |
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Term
| 1st stop of Judicial system |
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Definition
| The first stop is the Trial court: is the place in the judicial system where the facts of a case are presented. |
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Term
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Definition
| Appellate court reviews a trial court decision to check the conduct of the judge, the trial, the lawyers, and the jury. This system provides uniformity. Can make published decisions meaning can be used in court later on. |
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Term
| Process of Judicial Review |
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Definition
| A review of what has been done by trial courts to determine whether the trial court made an error in applying the substantive or procedural law in the case. |
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Term
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Definition
| Serves as a summary of the major points in error the parties allege occurred during the trial; very detailed. Involves each sides summary of why the trial court decision r procedures were correct or incorrect. |
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Definition
| Is a summary of the points that have been made in each party’s brief. The appellate judge is allowed to question the attorneys at that time. |
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| When a case is not anonymous like a 2-1 voting, the one who opposes gets to state his “dissenting opinion” which is the judges explanation for a vote different from that of the majority. |
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Term
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Definition
| Is one that might have affected the outcome of the case or would have influenced the decision made. |
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Term
| 3 types of Reversible Errors |
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Definition
| refusal to show some evidence, to use a witness to testify, or misapplication of the law |
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Term
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Definition
| used to indicate that an appellate court has sent a case back to a trial court for further work |
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Term
| Appellate court modify a lower courts decisions? |
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Definition
| The case is neither reversed nor affirmed; instead a portion or portions of the case are reversed or modified. |
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Term
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| The process of examining lower courts decisions along with decisions of other courts on the same topic for help in a new case used case precedent; which is the doctrine of Stare Decisis. |
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Definition
| Decisions made previously by the same state are stronger, but if the decision was made by other state, it’s not taken as seriously. One state’s courts are not obligated to follow the precedent of another state’s courts; they are free to examine it and use it but there is no mandatory requirement to follow another’s state’s decisions. |
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Term
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Definition
| 1) The actual rule of law: which technically is the precedential part. 2) It is given at the end of the case decision after a full discussion of their reasons and other precedent. |
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Definition
| the dicta of the case=the discussion. |
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Term
| Identify and describe the reasons precedent may not be followed |
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Definition
| A precedent may not be followed when the facts of the cases can be “distinguished,” which means that the context of the facts in one case is different enough from those in other cases that the precedent cannot be applied. A precedent can also be abandoned on an economic theory, in which the law changes the law to do the most good for the most people. (ie: factory polluting and being noisy in a town, but cant be shut down because it is economically supporting the whole town) |
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Term
| How do theories of law affect whether a precedent is applied |
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Definition
| A court may not follow a precedent because of a moral reason or because of the need to change the law on the basis of what is moral or what is right. |
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Term
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Definition
| The established powers of the court make up the court’s Jurisdiction. Jurisdiction is the authority or power of a court to speak the law. |
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Term
| Literal meaning of jurisdiction |
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Definition
| Juris means law and diction means to speak. |
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Term
| Subjuect Matter Jurisdiction |
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Definition
| The right of a court to hear disputes involving certain areas of the law and/or amounts |
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Term
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Definition
| (Or jurisdiction over the person), which controls the location of the court. Determines which federal court can hear the case in a two-step process: subject matter and in personam jurisdiction must fit in the same court. |
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Term
| What are the two general trial courts in the United States |
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Definition
| . 1) The Federal Court System: can only hear 3 types of cases; those in which US is a party, those that involve a federal question, and those that involve diversity of citizenship. 2) State Court System: each state has its own general trial court. A court in which non diversity civil cases are heard and state criminal cased are tried. |
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Term
| Federal Jurisdiction with the US is a party: |
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Definition
| trialed in the federal system. It’s a party when brings a suit or when the defendant named in a suit |
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Term
| Federal Jurisdiction for Federal Question: |
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Definition
| involving a federal question. Ie: a business is suing for treble (3 times the amount of damages) damages under federal antitrust law. |
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Term
| Federal Jurisdiction by Diversity: |
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Definition
| when plaintiff and defendant are from different states and case exceeds $75000. *most civil cases. |
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Term
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Definition
| referring to a requirement for federal court jurisdiction that plaintiff and defendant must be citizens of different states |
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Term
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Definition
| authority of more than one court to hear a case |
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Term
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Definition
| authority granted to only one court particular types of cases? |
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Term
| How many Federal Courts are there? |
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Definition
| There is at least one per state (Illinois and NY have many). There are 94 federal districts within the 50 states. |
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Term
| Where are cases decided in Federal district court appealed |
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Definition
| The Appellate Level in the Federal System. These cases are appealed to the US courts of appeals. |
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Term
| How many federal circuits are there and how are they grouped? |
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Definition
| They are grouped according to their geographic location. There are 13 Federal circuits |
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Term
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Definition
| Decides if a particular case merits review. In the writ, the court actually make a preliminary determination about the case and whether is should be decided. |
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Term
| Under what circumstances may the Supreme Court grant certiorari |
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Definition
| The court grants Certiorari I cases as a matter of discretion. Certiorari may be granted because there is a conflict about the law or because the case presents a major constitutional issue. |
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Term
| What general type of court does each State have? |
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Definition
| 1) State Supreme Court 2)State Courts of Appeals 3) General Trial Courts (circuit, District, County) These are the courts where nondiversity civil cases are heard and state criminal cases are tried. |
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Term
| What function do State Appellate Courts serve and what is the automatic right in them? |
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Definition
| The serve the same function as the US court of appeals. There is an automatic right of review in these courts. |
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Term
| What is the power of in personam jurisdiction? |
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Definition
| In personam jurisdiction is power over the parties involved in the case. |
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Term
| what are the three bases for in personam jurisdiction? |
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Definition
| Presence in the state, volunteer Jurisdiction, ownership of property within the state. |
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Term
| What type of jurisdiction is technically called in rem jurisdiction? |
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Definition
| Type of jurisdiction gives the court authority over the person because the person actually owns a thing in the state. |
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Term
| Describe the three factors that determine a party’s “presence” in the State. |
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Definition
| Determined by different factors; Residence: lived in a state some time during any given year. Minimum Contacts: having some contact with the state. Long Arm Statutes: The Tools of minimum Contracts: these statutes give courts the power to extend their arms of jurisdictions into other states. |
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Term
| What did the U.S. Supreme Court decision International Shoe v. Washington establish? |
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Definition
| The court basically required the states to notify out of state defendants of a suit and those defendants to have some contact with the state. This also established minimum contacts. |
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Term
| Why did the States adopt long-arm statutes and what power do these statutes give to State courts? |
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Definition
| They adopted them to follow the Supreme courts ruling on fairness. These statutes give courts the power to extend their arms of jurisdictions into other states. |
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Term
| What do plaintiffs do and what are they seeking? |
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Definition
| Parties who initiate the law suit and are seeking some type of recovery. |
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Term
| What is the difference between a plaintiff and a petitioner? |
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Definition
| A petitioner is a plaintiff in an action of divorce. |
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Term
| What do plaintiffs want from defendants? |
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Definition
| The plaintiffs want recovery from the defendants. They are the ones charged with some violation of the civil rights of the plaintiff. |
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Term
| What are defendants referred to as in some cases? |
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Definition
| They are referred to as respondents |
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Term
| Describe the interest in which an attorney is expected to act. |
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Definition
| An attorney is expected to act in the best interest of the client and do so without fear of having to disclose the clients thoughts and decisions. |
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Term
| What is the attorney-client privilege and how does it affect various obligations of a lawyer? |
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Definition
| The attorney client privilege keeps the relationship confidential and assures that others have limited access to lawyer-clients conversations. The lawyer is obligated to represent their clients even if they know they are guilty |
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Term
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Definition
| Trial judges control the trial of a case from presiding over the selection of a jury to ruling on evidence questions |
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Term
| How do Federal judges get into office? |
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Definition
| Federal judges are appointed by the president with Senate approval. |
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Term
| Who is the appellant and who is the appellee? |
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Definition
| Smith sues Jones, Smith is the Plaintiff and Jones is the defendant. Is smith wins the case and Jones decides to appeal, Jones is the appellant and Smith is the appellee. |
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Term
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Definition
| is a general statement of the plaintiffs claim of rights |
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Term
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Definition
| legal document that tell the defendant of the suit and explains defendants rights under the law |
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Term
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Definition
| the defendants positions is found in the answer, another pleading in a case.. |
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Term
| What are statutes of limitations |
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Definition
| filing the document, has time limits called statutes of limitaions |
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Term
| What are class action suits: |
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Definition
| when a group of plaintiffs have the same cause of action against one defendant file the complaint. |
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Term
| What is a derivative suit? |
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Definition
| Another form of class action suit in which a shareholder sues a corporation to recover damages for actions taken by the corporation. |
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Term
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Definition
| A default is failure to answer in a given period. Then the plaintiff wins. |
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Term
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Definition
| A counterclaim is the defendants suit against the plaintiff, alleging rights and damages against the plaintiff. |
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Term
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Definition
| A counterclaim is the defendants suit against the plaintiff, alleging rights and damages against the plaintiff. |
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Term
| What is a motion for judgment on the pleadings and when can they occur? |
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Definition
| This motion is granted when the party argues that even if everything the pleadings stated were true, there is still no right of recovery. You can make then once the complaint and answer are filed. |
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Term
| What is a motion for summary judgment? |
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Definition
| This motion is appropriate when there is no factual issues and the parties just need the court to apply the law. |
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Term
| What is the court-supervised process of gathering evidence called? |
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Definition
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Term
| a request for admissions : |
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Definition
| asking the other side to admit a certain fact is called |
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Term
| testimony of parties or witnesses taken under oath outside of the courtroom and before trial is called |
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Definition
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Term
| requiring the other side to produce documents is called a request for production |
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Definition
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Term
| What process determines whether a potential juror is qualified to serve on a jury? |
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Definition
| The process is called voir dire. |
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Term
| What are two reasons a potential juror can be removed from a jury panel? |
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Definition
| First: cause→a juror is incapable of making an impartial decision in the case like if the juror is related to one of the attorneys in the case (biased). Second: Peremptory challenge excuses the juror. |
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Term
| What does it mean if a potential juror is removed for cause? The juror is bias |
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Definition
| The juror is bias for one reason or another |
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Term
| What is a peremptory challenge? This excuses the juror. |
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Definition
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Term
| Describe any limits on the use of peremptory challenges |
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Definition
| All states have a statute or court rule limiting the number of peremptory challenges an attorney may use in a trial, with some exceptions for capital crime. |
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Term
| What is an opening statement? |
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Definition
| The attorney for each party is permitted to make an opening statement that summarizes what that party hopes to prove and how it will be proved. |
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Term
| What does the issue of burden of proof control? |
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Definition
| Controls who has the responsibility for proving what facts. |
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Term
| What party in court has the burden of proof? |
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Definition
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Term
| What is the questioning of plaintiff’s witnesses by the plaintiff’s attorney called? |
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Definition
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Term
| What is defense questioning of plaintiff’s witnesses called? |
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Definition
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Term
| What is redirect examination? |
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Definition
| Plaintiff’s questioning of his own witness after defendants cross-examination is complete; or vice versa when defendants witness is involved. |
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Term
| What must there be in order for a plaintiff to establish a prima facie case? |
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Definition
| One in which the plaintiff has offered some evidence on all the elements required to be established for recovery. There must first be enough evidence and the plaintiff must finished his case |
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Term
| When can the defendant make a motion for a directed verdict? |
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Definition
| Once all the evidence is in and can be questioned and challenged by defense evidence, if the plaintiff does not meet this standard the defendant can and may make a motion for a directed verdict |
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Term
| If there is no directed verdict, what does the defendant have the opportunity to do? |
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Definition
| The defendant has the same opportunity to present witnesses and evidence. |
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Term
| What is hearsay evidence? |
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Definition
| Hearsay is evidence offered by a witness who does not have personal knowledge of the information being given but just head it from someone else. |
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