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| the power of a court to hear a case |
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| Courts that deterine whether lower courts have made errors of law |
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| courts that determine the facts and apply the law to the facts |
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| the authority of a court to hear a case when it is initiated (as opposed to appellate jurisdiction) |
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| questions relating to what happened: who, what, where, when, and how |
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| Questions relating to the interpretation or application of the law |
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| A trial conducted without a jury |
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| when a jury decides the facts and determines liability or guilt |
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| A defense requiring proof that the defendant would not have committed the crime but for police trickeery |
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| The party in a case who has initiated an appeal |
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| the paty in a case against whom an appeal has been filed |
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| A trial court error that is not sufficient to warrant reversing the decision |
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| A decision is reversed when an appellate court disagrees with the decision of a lower court |
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| When appellate court sends a case back to the trial court for a new trial or other action |
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| An opinion in which a majority of the court joins |
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| An opinion that agrees with the majority's result but disagrees with its reasoning |
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| An opinion that disagress with the majority's desicion and its reasoning. |
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| The highest federal appellate court, consisting of mine appointed members |
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| The intermediate appellate courts in the federal system |
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| The highest federal appellate court, consisting of nine appointed members |
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| The intermediate appellate courts in the federal system |
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| in the federal system, all courts other than the US Supreme Court |
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| A court's power to hear any type of case arising within its geographical area |
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| A court's power to hear only specialized cases |
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| A court oder requiring a person to appear to testify at a trial or deposition |
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| When an appellate court that normally sits in panels sits as a whole |
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| A means of gaining appellate review; in the U.S. Supreme Court the writ is discretionary and will be issued to another court to review a federal question if four of the nine justices vote to hear the case |
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| When only one court has the power to hear a case |
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| When more than one court has jurisdiction to hear a case |
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| Federal question jurisdiction |
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| The power of the federal courts to hear matters of federal law |
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| The power of the federal courts to hear matters of state law if the opposing parties are from different states and the amount in controversy exceeds $75,000 |
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| The transfer of a case from state court to federal court |
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| Federal Rules of Civil Procedure |
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| procedures that govern the litigation process are spelled out in formal rules that are published under such names as the FRCP |
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| The papers that begin a lawsuit-generally, the complaint and the answer |
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| A motion brought before the beginning of a trial either to eliminate the neddessity for a trial or to limit the information that can be heard at the trial |
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| The modern pretrial procedure by which one party gains information from the adverse party |
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| The principle that courts cannot decide abstract issues or render advisory opinions; rather they are limited to decidin cases that involve litigants who are personally affected by the court's decision. |
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| When the defendant does not have sufficient money or other assets to pay the judgement |
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| A lawsuit brought by a person as a representative for a group of people who have been similarly injured |
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| The power of a court to hear a case |
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| Subject matter jurisdiction |
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| The power of a court to hear a particular type of case |
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| The power of a court to force a person to appear before it |
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| A constitutional fairness requirement that a defendant have at least a certain minimum level of contact with a state before the state courts can have jurisdiction over the defendant |
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| The law that sets the length of time when something happens to when a lawsuit must be filed before the right to bring it is lost |
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| Exhaustion of administrative remedies |
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| The requirement that relief be sought from an administrative agency before proceeding to court |
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| The pleading that begins a lawsuit |
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| Defendant's reply to the complaint. It may contain statements of denial, admission, or lack of knowledge and affirmative defenses |
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| A claim by the defendant against the plaintiff |
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| A claim bye one defendant against another defendant or by one plaintiff against another plaintiff |
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| A claim by a defendant against someone in addition to the persons the plaintiff has already sued |
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| A mthod adopted by the federal rules in which the plaintiff simply informs the defendant of the claim and the general basis for it. |
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| A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit |
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| The delivery of a pleading or other paper in a lawsuit to the opposing party |
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| An examination of a prospective juror to see if he or she is fit to serve as a juror on a specific case |
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| A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner |
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| A method for excusing a prospective juror; no reason need to be given. However, limited in number |
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| The questioning of your own witness |
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| A question that suggests the answer; enerally, leading questions many not be asked during direct examination of a witness |
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| The questioning of an opposing witness |
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| A verdict ordered by a trial judge if the plaintiff fails to present a prima facie case or if the defendant fails to present a necessary defense |
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| theory upon which the law suit is commenced (negligence, intentional, strictly liable) |
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| sworn statement seen by a notary public |
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| How you serve someone is governed by... |
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| the CPLR (McKinney’s) Section 308 |
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| 10 days after filing proof of service with the court on the summons |
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| When reading a statute... |
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| you must first look at the heading |
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| binding a particular person to a judgment |
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| if defendant fails to answer the summons Section 308 |
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| You are either guilty or not guilty in a... |
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| “Nail and mail” or “affix and mail |
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| person swearing to statement |
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| for each complaint, you must answer |
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| plaintiff’s place of residence |
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| The defendant does not have to... |
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| judge may enter objection |
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| jury cannot come to conclusion |
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| Criminal case to convict... |
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| unanimous desicion..all 6 or 12 |
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| lawyers always look for defendant with the most money |
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| how to settle a criminal case |
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| What do you call a civil case after it's over? |
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| There are no juries in... |
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| jury selection to speak the truth |
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| attorney must convince thr judge that something about the juror's background or answers demonstrates that the person has some type of bias |
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| Order of questioning perspective jurors |
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| judge, prosecution, defense |
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| most state rules are based on... |
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| federal ans state courts have 3 stages of litigation: |
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| the plaintiff files the legal documents with the clerk of the court |
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| no divorce; has criminal jurisdiction, judges are elected outside of nyc, judges are appointed in nyc |
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| judges are first appointed then elected |
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| Examples of criminal cases |
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| purpose of family court (years) |
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| if individual is 16 years of age or younger |
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| Family court (who decides?) |
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| right to speedy and public trial |
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| specialty court created to hear cases where the state is a defendant, judges are appointed. |
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| civil and criminal jurisdiction, judges are elected, misdemeanors and lesser offenses in criminal jurisdiction |
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| civil jurisdiction only exists in NYC, judges are elected by the people |
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| in every city outside of nyc, civil and criminal jurisdiction, misdemeanors |
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| outside nyc, civil and criminal jurisdiction, judges are elected |
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| who can serve a summons and complaint |
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| people not related to the action |
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| where can you find the law? |
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| Federal courts can hear.. |
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Cases in which the United States is a party;
Cases involving violations of the U.S. Constitution or federal laws (under federal-question jurisdiction);
Cases between citizens of different states if the amount in controversy exceeds $75,000 (under diversity jurisdiction); and
Bankruptcy, copyright, patent, and maritime law cases |
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| designed to enforce the constitutional rights of criminal suspects and defendants, beginning with initial police contact and continuing through arrest, investigation, trial, sentencing, and appeals. |
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| body of laws that are enforced by the State |
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