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test 1
Chapter 3
57
Law
Undergraduate 3
02/05/2009

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Term
district courts
Definition
trial courts of general jurisdiction that can hear and decide most legal controversies
Term
court of appeals
Definition
hear appeals fromt he district courts and review orders of certain administrative agencies
Term
reverse
Definition
set aside the lower court's judgment
Term
modify
Definition
change thelower court's judgment
Term
remand
Definition
send the case back to the lower court
Term
affirm
Definition
uphold thelower court's judgment
Term
supreme court
Definition
nation's highest court whose principal function is to review decisions of the Federal courts of appeals and the highest state courts
Term
appeal by right
Definition
mandatory review by a higher court
Term
writ of certiorari
Definition
discretionary review by a higher court
Term
special courts
Definition
have jurisdiction over cases in a particular area of federal law and include the U.S. court of Federal Claims, the Tax Court, the US bankruptcy Courts, and the US court of appeals for the Federal Court
Term
interior trial courts
Definition
hear minor criminal cases such as traffic offenses and civil casesinvolving small amounts of money and conduct preliminary hearings in more serious criminal cases
Term
small claims courts
Definition
inferior trial courts with jurisdiction over civil cases involving a limited dollar amount
Term
trial courts
Definition
have general jurisdiction over civil and criminal cases
Term
special trial courts
Definition
trial courts, such as probate courts and family courts, which have jurisdiction over a particular area of state law
Term
appellate courts
Definition
include one or two levels; the highest court's decisions are final except in those cases reviewed by the US Supreme Court
Term
jurisdiction
Definition
authority of a court to hear and decide a case
Term
subject matter jurisdiction
Definition
authority of a court to decide a particular kind of case
Term
exclusive federal jurisdition
Definition
jurisdiction that permits only the federal courts to hear a case
Term
concurrent federal jurisdiction
Definition
authority of federal or state courts to hear the same case
Term
federal question
Definition
any case arising under the constitution, statutes, or treaties of the US
Term
jurisdiction over the parties
Definition
power of a court to bind the parties to a suit
Term
in personam jurisdition
Definition
jurisdiction based on claims against a person, in contrast to jurisdiction over property
Term
in rem jurisdiction
Definition
jurisdiction based on claims against property
Term
quasi in rem jurisdiction
Definition
jurisdiction over property not based on claims against it
Term
venue
Definition
particular geographical place where a court wiht jurisdiction may hear a case
Term
pleadings
Definition
series of responsive formal, written statements by each side to a lawsuit
Term
complaint
Definition
initial pleading by the plaintiff stating his case
Term
summons
Definition
notice given to inform a person of a lawsuit against her
Term
default judgment
Definition
judgment against a defendant who fails to respond to a complaint
Term
demurrer
Definition
motion to dismiss for failuare to state a claim
Term
answer
Definition
defendant's pleading in responst to the plaintiff's complaint
Term
reply
Definition
plaintiff's pleading in response to the defendant's answer
Term
pretrial procedure
Definition
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
Term
judgment on the pleadings
Definition
final binding determination on the merits made by the judge after the pleadings
Term
discovery
Definition
pretrial exchange of information b/t opposing parties to a lawsuit
Term
pretrial conference
Definition
a conference between the judge and the attorneys to simplify the issues in dispute and to attempt to settle the dispute without trial
Term
trial
Definition
determines the facts and the outcome of the case
Term
summary judgment
Definition
binding determinations on the merits made by the judge before trial
Term
voir dire
Definition
preliminary examinations of potential jurors
Term
conduct of trial
Definition
consists of oopening statements by attorneys, direct and cross-examination of witnesses, and closing arguments
Term
directed verdict
Definition
final binding determination on the merits made by the judge after a trial has begun but before the jury renders a verdict
Term
jury instructions
Definition
judge gives the jury the particular rules of law that apply to the case
Term
verdict
Definition
formal decision by the jury on questions submitted to it
Term
motions challenging verdict
Definition
include motions for a new trial and a motion for judgment notwithstanding the verdict
Term
judgement notwithstanding the verdict
Definition
a final binding determination on the merites made by the jduge after and contrary to the jury's verdict
Term
appeal
Definition
determines whether the trial court comitted prejudicial error
Term
enforcement
Definition
plaintiff with an upaid judgment may resort to a writ of execution to have the sheriff seize property of the defendant and to garnishment to collect money owed to the defendant by the third party
Term
arbitration
Definition
nonjudicial proceeding where a netural thrid party selected by disputants renders a binding decision
Term
consensual arbitration
Definition
arbitration voluntarily entered into by the parties
Term
compulsory arbitration
Definition
arbitration required by statute for specific types of disputes
Term
award
Definition
decision of an arbitrator
Term
conciliation
Definition
nonbinding process in which a third party acts as an intermediary between the disputing parties
Term
mediation
Definition
nonbinding process in which a third party acts as an intermediary between the disputing parties an proposes solutions for them to consider
Term
med-arb
Definition
binding process in which a third party serves first as a mediator and then as an arbitrator for those issues not resolved through mediation
Term
mini trial
Definition
nonbinding 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 consultation with the third party
Term
summary jury trial
Definition
mock trial followed by negotiations
Term
negotiation
Definition
consensual bargaining process in which the parties attempt to reach an agreement resolving their dispute without the involvement of third parties
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