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45 Cards in this Set

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jurisdiction
power of the court to hear a case and render a binding decision
types of jurisdiction
in personam, in REM, and jurisdiction against a corporation
In personam
jurisdiction over the person, affecting legal rights of a specific person
In REM jurisdiction
the power of a court to render a decision that affects the property directly rather than the owner of the property (IE selling the property to pay for the taxes)
Long arm statues
if an accident happens in california and the person goes back to Florida, the Ca court can make the person come back to ca if they have SUFFICIENT MINIMUM CONTACT With the state
Zippo case
internet sites are subject to jurisdiction but it depends on the degree of interactivity. The higher the interactivity, the higher the chance or jurisdiction.
What jurisdiction can be done in the state court?
most jurisdiction can be done here. judges dont serve for life so they favor the locals
what jurisdiction can be done in the exclusive federal court?
deals with cases of bankruptcy and admiralty. judges dont serve for life so not likely to favor the local.
concurrent juristiction
can be in either court. must have a federal question or complete diversity and must involve over $75000
Gafford v GE
motions to remove to fed court.
motion for change of venue
other person can ask to be changed to different court but only if the judge allows it
motion to DQ judge
conflict of interest- can be done by the judge or one of the sides of the court
Marbury V Madison
court has the power to determine whether a law passed by the legislature violates the constitution (a case)
judicial restraint
says courts should refrain from determining the constitutionality of a legislative act unless absolutely necessary.
Judicial activism
says courts need to take an active role in encouraging political, economic, and social change
Federal courts
district courts--> courts of appeal-->supremes
state courts
court with no uniform structure, lower trial courts.
commencement of litigation
complaint, service of the summons, motion to quash jurisdiction, answer/motion to dismiss
voir dire
the process of deciding which jurors are capable of being a part of the juror
petit juries
anywhere between 6 and 12 jurors, must have more than half vote, unanimity not required
preemptory challange
attorneys havce 3-5 per trial, can dismiss juror for any reason, used when you know they aren't good for the case but cant prove a cause.
Grand juries
a group of 12-23 citizens convened in private to decide whether enough evidence exists to try the defendant for a felony- indictment
mock trial
before the trial, hire jurors to help you. almost every big case has one
shadow jury
hire them and they sit in the visitors box, gives feedback at the end of the day as to how they saw the trial.
neurolinguistic
working on the subconscious, using repetition to make the jury remember
mirroring
the attorney copies the body language of one of the jurors
The one sis got wrong and christin got right
jurors cant ask questions and SOMETIMES cant take notes
pretrial
negotiations, complaint, service of process, answer of motion, discovery
counterclaim
suing the plaintiff so that it is A vs B and B vs A instead of having 2 trials
cross claim
a 3rd party that is involved
discovery
interrogation, requests to admit, depositions
try to tie down answers so that if they say something else in the trial you can impeach it by reading the deposition
depositions
oral questioning under oath in front of a court reporter, can last at least for a 12 hour stretch. Attorney can help out by objecting to questions, etc.
interrogations
asking questions to the other group, sometimes used to get names of people who you want to do the sepositions on.
subpoena for deposition
bring in a 3rd party to help for the case
request for production documents
you have to be specific when requesting documents, but you can get whatever documents the other side has.
pretrial motion in limine
court order in advance that no questions come up about certain issues.
Trial
jury selection, plaintiffs case, motion for direct verdict, defendants case, jury instructions, closing arguments
plaintiffs case/defendants case
attorney questions them, can only be asked direct questions, then cross examiner can ask leading questions.
jury instructions
the judge instructs the jury of the law
post trial motions
"NOV" not on verdict, believing that there is no way the jury could have come up with that verdict unless they were bias.
Appellate procedure
certiorari, preparing the case for appeal, response by the respondent, and possible results
certiorari
"cert" convince why your case should be heard.
preparing the case for appeal
filing a notice of appeal, appellate brief, points and authority
response by the respondent
reply, oral argument
possible results
affirm, modify, reverse, or remand