BLAW Exam 2 Review Chapter 3 District Courts general trial courts in the federal system Court of Appeals reverse modify or remand the judgment Writ of certiorari requires a lower court to produce the records of a case it has tried Special courts federal judicial system include the U S Court of Federal Claims the U S Bankruptcy Courts the U S Tax Court and the U S of Appeals for the Federal Circuit Inferior trial courts decide the least serious criminal and civil matters Small claims courts hear civil cases involving a limited amount of money Trial courts does not have a dollar limitation on their jurisdiction in civil cases and hear all criminal cases other than minor offenses Special trial courts jurisdiction over particular areas Jurisdiction means the power of authority of a court to hear and decide a given case Diversity of citizenship exists when 1 The plaintiffs are citizens of a state or states different from the or states of which the defendants are citizens 2 When a foreign country brings an action against citizens of the United States 3 When the controversy is between citizens of a state and citizens of another country Jurisdiction over the parties second essential type of jurisdiction a court must have is the power to bind the parties involved in the dispute In personam jurisdiction personal jurisdiction is the jurisdiction of a court over the parties to a lawsuit in contrast to a jurisdiction over their property In rem jurisdiction over property Long are statutes expand their jurisdictional reach beyond those person who may be personally served within the state Quasi rem jurisdiction over property rather than a person but attachment is invoked by seizing the defendants property located within the state to obtain payment of a claim against the defendant that is unrelated to the property seized Venue often confused with jurisdiction concerns the geographic area in which a lawsuit should be brought The pleadings series of responsive formal written statements in which each side to a lawsuit states its claims and defenses Complaint 1 A statements of the claim and supporting facts showing that she is entitled to relief 2 A demand for the relief Summons notify a suit has been brought against someone Demurrer failure to make a claim on which relief may be granted Answer could contain denials or admissions Denial Admission Affirmative defense caused by plaintiff s own negligence Counterclaim Discovery Each party s right to obtain relevant evidence or information that may lead to evidence from the other party includes 1 Pretrial depositions consisting of sworn testimony taken out of court of the opposing party or witnesses 2 Sworn answers by the opposing party to written interrogations or questions 3 Production of documents and physical objects in the possession of the opposing party or by a court ordered subpoena in the possession of nonparties 4 Court ordered examination by a physician of the opposing party as needed 5 Admissions of facts obtained by a request for admissions submitted to the opposing party Pretrial Conference 1 To simplify the issues in dispute by amending the pleadings admitting or stipulating facts and identifying witnesses and documents to be presented at trial 2 To encourage settlement of the dispute without trial Summary judgment final binding determination on the merits made by the judge before a trial Voir dire examination by the parties attorneys of the potential jurors Directed verdict final binding determination on the merits made by the judge after a trial has begun but before the jury renders a verdict Jury instructions advice the jury of the particular rules of law that apply to the facts the jury determines from the evidence Special verdict jury makes specific written findings on each factual issue Verdict favors one party or the other Motion for new trial 1 The judge committed prejudicial error during the trial 2 The verdict is against the weight of the evidence 3 The damages are excessive 4 The trial was not fair Appeal determine whether the court committed a prejudicial error Arbitration parties select a neutral third person or persons the arbitrators who renders a binding decision after hearing arguments and reviewing evidence Consensual arbitration occurs whenever the parties to a dispute agree to submit the controversy to arbitration Compulsory arbitration a federal or state statute requires arbitration for specific types of disputes such as those involving public employees including police teachers and firefighters Conciliation nonbinding informal process in which a third party selected by the disputing parties attempts to help them reach a mutually acceptable agreement Mediation process in which a third party selected by the disputants helps them to resolve their disagreement Summary Jury trial mock trial in which the parties present their case to a jury Negotiation a consensual bargaining process in which the parties attempt to reach an agreement resolving their dispute