Pleadings documents the parties file with the court when they first state their respective claims and defenses Service of Summons summons notifies the defendant that they are being sued Preponderance of Evidence requires plaintiff to show that the greater weight of the evidence supports the existence of each factual element is more probable that its non existence most likely that events occurred as plaintiff is alleged Original Jurisdiction court has original and exclusive jurisdiction over all controversies between two or more states District Court Jurisdiction need diversity jurisdiction and federal jurisdiction cases between cities of different states amount of controversy exceeds 75 000 diversity jurisdiction citizens of different states geographic diversity federal jurisdiction Long Arm Statute enacted to give courts personal jurisdiction over certain out of state defendants Jurisdiction in order for a court to try a case it must have jurisdiction In Personam Jurisdiction the court s jurisdiction over the person based on residence location or activities of the defendant a court has this type of jurisdiction when the defendant is a resident of that state or if the defendant committed the crime in that state In Rem Jurisdiction jurisdiction over the property within the state Subject Matter Jurisdiction court s power to decide the type of dispute involved in the case civil or criminal Ordinance a piece of legislation enacted by a municipal authority Rescission a cancellation of a contract s terms to reflect the parties real intentions Reformation court rewrites the contract s terms to reflect the parties real intentions Specific Performance party is ordered to perform according to terms of contract Injunction a court order forbidding a party to do some act or commanding him to perform some act Restatement collections of common law Statutes laws created by elected representatives in Congress or a state of legislature Uniform Acts model statutes drafted by private bodies of legislatures that become law when legislative enacts them Common Law law made and applied by judges as they decide cases not governed by statues of federal law Full Strict Scrutiny Challenged law must be necessary to the fulfillment of a compelling government purpose Equal Protection no state shall deny to any person the equal protection of the laws Certiorari Jurisdiction court has discretion whether to hear the appeal Court of International Trade tariff customs import and other trade matters Court of Federal Claims claims against the U S Federal District Court determine both the facts and the law Appellate Courts state appeals appellate courts generally decide only legal questions do not review new evidence correct legal errors made by trial judges Trail Courts not governed by subject matter restrictions of the limits of civil damages or criminal penalties that govern courts of limited jurisdiction all court proceedings are recorded Tort a civil wrong other than a breach of contract assault battery defamation false imprisonment invasion of privacy public disclosure of private facts intrusion on solitude misuse of legal proceedings commercial appropriation name deceit fraud trespassing conversion stare decisis negligence per se res ipsa loquitir AAA American Arbitration Association ADR Alternative Dispute Resolution methods of dispute resolution such as arbitration and mediation that are different from the traditional judicial process litigation Pros for ADR s 1 quicker resolution of disputes 2 lower costs in time money and aggravation for the parties 3 lessening of the strain on an overloaded court system 4 use of decision makers with specialized expertise and 5 potential for compromise decisions that promote and reflect consensus between the parties Judgment n o v not withstanding the verdict non obstante veredicto when one party wins a judgment even after the jury has reached a verdict against the party and therefore asks the jury to reverse the decision Arbitration Mediation Trademark Patent Trade Secret TESS Copyright
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