Return to Set

Upgrade to remove ads

View

  • Term
  • Definition
  • Both Sides

Study

  • All (76)

Shortcut Show

Next

Prev

Flip

LAW 3220: EXAM 1

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
Flip
federal judge
nominated by president, confirmed by majority vote in Senate, lifetime appointment
Flip
state judge
Appointed or elected (depending upon state statutory law), Fixed term (ranges from 1 - 14 years depending on location)
Flip
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
Flip
court reporter
someone who documents every word said in court
Flip
summary judgment
court looks at the fact and looks at law & makes a judgement
Flip
4 questions that the court is always asked to answer
facts, issues, holding, analysis
Flip
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
Flip
appellate court
reviews the case; the court that has the right to review a case; reviews the decision of the original courtroom
Flip
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
Flip
limited jurisdiction
small in scope; court is limited to types of cases allowed to hear (such as divorces, child custody, juvenile court, traffic violations)
Flip
US District Court
original and general jurisdiction, (94 districts in the US), jury trial, magistrates
Flip
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.
Flip
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
Flip
en blanc proceeding
Session where case is heard before all active judges (unusually complex cases & cases of greater importance/ inter-circuit conflict)
Flip
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
Flip
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 Federal Circuit (limited appeals hearings; ex: patents and copyrights) [Appellate Jurisdiction]
Flip
US Supreme Court
9 justices, court of both original (rare) and appellate jurisdiction (original ex: cases between state governments)
Flip
state district/circuit court
lowest state level (original court, general jurisdiction)
Flip
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)
Flip
state court of appeals
appellate, general, no jury trial- just judges
Flip
Diversity of citizenship
plaintiff resides in different state than defendant
Flip
Subject Matter Jurisdiction (SMJ)
Details the type of case a court can hear.
Flip
state court
dictates which court has the power to hear cases (juvenile, traffic, probate)
Flip
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
Flip
SMJ & PJ
court who has jurisdiction must have ___ & ____
Flip
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
Flip
In personam jurisdiction
a court's power over the person (plaintiff)
Flip
in rem jurisdiction
a court's power over property (real, personal, intangible)
Flip
tort
a civil wrong towards another; can be civally sued for
Flip
Exclusive jurisdiction
sole jurisdiction; you are only party to have jurisdiction
Flip
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
Flip
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.
Flip
Adversary System of Justice
Parties present their cases through lawyers (generally) to a neutral tribunal. (almost impossible to truly to have a neutral, unbiased)
Flip
prosecutor
only seen in criminal cases; attorney representing the state
Flip
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
Flip
attorney
represent the parties (you do not have to have one)
Flip
jury
sworn body of citizens who come up with a verdict (may or may not have this)
Flip
counterclaim
defendant making a claim back against the plaintiff (required by law to do this immediately if needed or forever hold their peace)
Flip
complaint
statement alleging basis for complaint and jurisdiction for the lawsuit. Service of process on defendant, which includes a summons to appear in court
Flip
pleading stage
complaint + answer; beginning of a case
Flip
discovery phase
time period where you are trying to find out evidence and understand full story before trial
Flip
deposition
recorded witness testimony
Flip
interrogatory
just like depositions except they are written responses
Flip
expert witnesses
help out with scientific or mathematic knowledge in court (get paid, unlike regular witnesses that do not); not at every trial
Flip
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
Flip
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
Flip
Order for production of documents
ordering the other party to submit over documents
Flip
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
Flip
sanctions
fees, fines, or jail time for failure to respond to Discovery Request
Flip
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.
Flip
voire dire
jury selection
Flip
challenge for cause
Unlimited number; must document to the Court why you are challenging the juror. Example: Juror has special relationship to certain party.
Flip
Peremptory Challenge
Limited number based on state statute. No need to document, why - can be for any reason except race.
Flip
opening statements
first part of the trial (first date); concern facts that attorneys expect to prove during trial
Flip
closing arguments
wrapping everything up (A Time to Kill)
Flip
direct exam
attorney questioning own witness (attorney to their own client)
Flip
cross examination
Plaintiff's attorney questioning defendant (vice versa); opposing counsel to party
Flip
criminal case
beyond a reasonable doubt
Flip
civil case
guilty by preponderance of the evidence (>50%)
Flip
recross
opposing counsel to party after redirect
Flip
Overturn (reverse decision)
appellate court is disagreeing with how law was applied
Flip
remand
when they send it back to the trial court
Flip
monetary damages
money damages
Flip
Equitable remedies
something other than money
Flip
Compensatory damages
compensating someone for something; calculated damages that can get that injured party back for the damages they have suffered
Flip
punitive damages
meant to punish; over the amount of compensatory damages, additional amount to punish & deter future activity of what the wrongdoer did
Flip
garnishment
automatically cut out of paycheck, certain amount dictated by court; very restricted how and when you can use it
Flip
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 their contract; if you agree to go to arbitration, you have to go
Flip
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
Flip
commerce clause
Gives Congress the power "To regulate Commerce with foreign nations, and among the several states, and with the Indian tribes."
Flip
commerce
trade (buying & selling)
Flip
Necessary and Proper Clause
Gives Congress the power "To make all Laws which shall be necessary and proper" for carrying on its powers.
Flip
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.
Flip
intrastate
within one state
Flip
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
Flip
( 1 of 76 )
Upgrade to remove ads
Login

Join to view and access 3M+ class-specific study document.

or
We will never post anything without your permission.
Don't have an account?
Sign Up

Join to view and access 3M+ class-specific study document.

or

By creating an account you agree to our Privacy Policy and Terms Of Use

Already a member?