LAW 3220: EXAM 1
76 Cards in this Set
| Front | Back |
|---|---|
|
judge
|
oversee whatever is going on in the courtroom & that law is applied properly; is there to make sure everything is running smoothly and legally
|
|
federal judge
|
nominated by president, confirmed by majority vote in Senate, lifetime appointment
|
|
state judge
|
Appointed or elected (depending upon state statutory law),
Fixed term (ranges from 1 - 14 years depending on location)
|
|
doctrine of judicial immunity
|
judge can not be sued; safe from what they do in the courtroom (safety net); protection of immunity from being sued
|
|
court reporter
|
someone who documents every word said in court
|
|
summary judgment
|
court looks at the fact and looks at law & makes a judgement
|
|
4 questions that the court is always asked to answer
|
facts, issues, holding, analysis
|
|
original jurisdiction
|
hearing the case for the first time; lowest courts on the state or federal side; first time that any judge or jury will ever hear this case
|
|
appellate court
|
reviews the case; the court that has the right to review a case; reviews the decision of the original courtroom
|
|
general jurisdiction
|
way broader scope of types of cases they can hear; if there is not a limited jurisdiction court that takes care of a certain type of case, then it gets put in here
|
|
limited jurisdiction
|
small in scope; court is limited to types of cases allowed to hear (such as divorces, child custody, juvenile court, traffic violations)
|
|
US District Court
|
original and general jurisdiction, (94 districts in the US), jury trial, magistrates
|
|
magistrates
|
Appointed by Federal Judges to assist in hearing case load and making recommendations to the district judge. They cannot try cases in place of a district judge without the parties' consent. Serve term of 8 years.
|
|
US Court of Appeals
|
appellate jurisdiction court and general jurisdiction (12 federal districts), review decision from US District Courts, 3 judge panel, en blanc proceeding
|
|
en blanc proceeding
|
Session where case is heard before all active judges (unusually complex cases & cases of greater importance/ inter-circuit conflict)
|
|
US Supreme Court
|
if you lose at the US Court of Appeals, you may appeal to the _____ and every court underneath must follow their verdict; very expensive and only hears less than 1% of cases
|
|
specialized federal courts (or limited jurisdiction federal courts- same thing)
|
Limited Jurisdiction,
Examples:
US Bankruptcy Court [Original Jurisdiction],
US Court of Federal Claims (claims against the government) [Original Jurisdiction],
US Court of International Trade [Original Jurisdiction],
US Tax Court [Original Jurisdiction],
Court of Appeals for Feder…
|
|
US Supreme Court
|
9 justices, court of both original (rare) and appellate jurisdiction (original ex: cases between state governments)
|
|
state district/circuit court
|
lowest state level (original court, general jurisdiction)
|
|
limited jurisdiction court
|
all still original- if it doesn't fall into one of these categories, it will still go to state district court (traffic, small claims, family/domestic, juvenile, probate court- estate issues)
|
|
state court of appeals
|
appellate, general, no jury trial- just judges
|
|
Diversity of citizenship
|
plaintiff resides in different state than defendant
|
|
Subject Matter Jurisdiction (SMJ)
|
Details the type of case a court can hear.
|
|
state court
|
dictates which court has the power to hear cases (juvenile, traffic, probate)
|
|
federal court
|
have the power to hear:
Federal questions [ex: Worker files suit against employer claiming discrimination, which is a Constitutional issue],
Civil cases when:
Plaintiff and Defendant are from different states, and
Amount in controversy is greater than $75,000
|
|
SMJ & PJ
|
court who has jurisdiction must have ___ & ____
|
|
Personal Jurisdiction (PJ)
|
"minimum contacts"; courts jurisdiction is generally limited to the state boundaries. court has to have some type of minimum contacts.
The state that has the most significant interest has jurisdiction over the case
|
|
In personam jurisdiction
|
a court's power over the person (plaintiff)
|
|
in rem jurisdiction
|
a court's power over property (real, personal, intangible)
|
|
tort
|
a civil wrong towards another; can be civally sued for
|
|
Exclusive jurisdiction
|
sole jurisdiction; you are only party to have jurisdiction
|
|
Concurrent jurisdiction
|
When both the federal and a state court could have proper jurisdiction so the plaintiff gets to choose which jurisdiction to file the complaint (ex: diversity of citizenship); Defendant has the right to make a motion to move the jurisdiction
|
|
Forum Non Conveniens
|
Party can ask the court to transfer a case to another court, even though the original court has jurisdiction, because there is a more convenient court to hear the case.
|
|
Adversary System of Justice
|
Parties present their cases through lawyers (generally) to a neutral tribunal.
(almost impossible to truly to have a neutral, unbiased)
|
|
prosecutor
|
only seen in criminal cases; attorney representing the state
|
|
judge
|
sometimes make the verdict (if there is a jury, the verdict is out the this person's hands), they make sure everything is running smoothly and law is being applied properly
|
|
attorney
|
represent the parties (you do not have to have one)
|
|
jury
|
sworn body of citizens who come up with a verdict (may or may not have this)
|
|
counterclaim
|
defendant making a claim back against the plaintiff (required by law to do this immediately if needed or forever hold their peace)
|
|
complaint
|
statement alleging basis for complaint and jurisdiction for the lawsuit. Service of process on defendant, which includes a summons to appear in court
|
|
pleading stage
|
complaint + answer; beginning of a case
|
|
discovery phase
|
time period where you are trying to find out evidence and understand full story before trial
|
|
deposition
|
recorded witness testimony
|
|
interrogatory
|
just like depositions except they are written responses
|
|
expert witnesses
|
help out with scientific or mathematic knowledge in court (get paid, unlike regular witnesses that do not); not at every trial
|
|
Daubert hearing
|
is done when credibility of expert witness is questioned; determines if scientific evidence is scientifically sound & if there is evidence to back it up
|
|
Dissent
|
can change decision for the future; can not change current verdict; have at least 1 judge who disagrees with decision so they publish a dissent (does not affect case at hand, decision stands, can be used to help future similar cases); used to encourage change in future law
|
|
Order for production of documents
|
ordering the other party to submit over documents
|
|
Request for admissions of truth
|
trying to get to the bottom of if there is anything we can try to all agree with already so we do not have to argue about it at trial
|
|
sanctions
|
fees, fines, or jail time for failure to respond to Discovery Request
|
|
motion for summary judgement
|
Motion that there is no genuine issue as to any material fact and that the moving party is entitled to judgement as a matter of law.
|
|
voire dire
|
jury selection
|
|
challenge for cause
|
Unlimited number; must document to the Court why you are challenging the juror.
Example: Juror has special relationship to certain party.
|
|
Peremptory Challenge
|
Limited number based on state statute. No need to document, why - can be for any reason except race.
|
|
opening statements
|
first part of the trial (first date); concern facts that attorneys expect to prove during trial
|
|
closing arguments
|
wrapping everything up (A Time to Kill)
|
|
direct exam
|
attorney questioning own witness (attorney to their own client)
|
|
cross examination
|
Plaintiff's attorney questioning defendant (vice versa); opposing counsel to party
|
|
criminal case
|
beyond a reasonable doubt
|
|
civil case
|
guilty by preponderance of the evidence (>50%)
|
|
recross
|
opposing counsel to party after redirect
|
|
Overturn (reverse decision)
|
appellate court is disagreeing with how law was applied
|
|
remand
|
when they send it back to the trial court
|
|
monetary damages
|
money damages
|
|
Equitable remedies
|
something other than money
|
|
Compensatory damages
|
compensating someone for something; calculated damages that can get that injured party back for the damages they have suffered
|
|
punitive damages
|
meant to punish; over the amount of compensatory damages, additional amount to punish & deter future activity of what the wrongdoer did
|
|
garnishment
|
automatically cut out of paycheck, certain amount dictated by court; very restricted how and when you can use it
|
|
arbitration
|
low key trial situation, no judge, uses a neutral party, very informal in a conference room, can have an attorney, verdict is 100% legally binding and registered in court setting, cannot appeal decision, fast & inexpensive compared to going to trial, lots of contacts have arbitration in t…
|
|
mediation
|
neutral party used acting as a mediator to help negotiate through a legal issue, inexpensive, mediator cannot be used as a witness in court or make a legal decision, confidential
|
|
commerce clause
|
Gives Congress the power "To regulate Commerce with foreign nations, and among the several states, and with the Indian tribes."
|
|
commerce
|
trade (buying & selling)
|
|
Necessary and Proper Clause
|
Gives Congress the power "To make all Laws which shall be necessary and proper" for carrying on its powers.
|
|
interstate commerce
|
among the states; Congress has virtually unlimited power to regulate any economic or commercial activity that crosses state lines, no matter how large or small.
|
|
intrastate
|
within one state
|
|
4 part test for if labels can be passed
|
lawful and not misleading, asserted governmental interest was substantial, did not directly advance any government interest, restriction was not more extensive than necessary to serve the interest
|
LAW 3220: EXAM 4