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161 Cards in this Set

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  • Back
What is the key to the courtroom?
Jurisdiction
What is latin for "judge speech"?
Jurisdiction
What is the power of a court to hear and decide a case?
Jurisdiction
What is power over the case?
Subject matter jurisdiction
All cases usually state or federal cases?
State cases
What are the two most common types of federal subject matter jurisdiction?
Federal question and Diversity
What is the case in federal question based on?
Federal law
Is the amount of money influenced in federal questisn?
No
What is the case in diversity based on?
Federal law
Is the amount of money influenced in diversity?
Yes, must exceed $75,000
How do opposing parties influence diversity?
Must be from different states
What are two common diversity cases?
Civil injuries and contracts
What are the three rules for which state has subject matter jurisdiction?
Where the party resides, where the incident occurred, where property is located
What two questions influence which court within the chosen court system has subject matter jurisdiction?
Petty case or major case? and General court or specialized court?
What is power over the parties?
Personal Jurisdiction
What kind of jurisdiction is required in every case?
Personal jurisdiction
What is in rem jurisdiction?
jurisdiction over the property
What are the three traditional grounds for personal jurisdiction?
consent, residence and presence
How do the plaintiff and the defendent influence consent?
Plaintiff consents, Defendant rarely consents
What are the two qualifications for a person to have residence?
residence of state is physically persent, state can require jurisdiction if not physically present
What are the two qualifications for a business to have residence?
principal place of business in state, incorporated in state
What are two qualifications for a person to be physically present in the state?
even if only temporary, even if lured there
What is a state statute describing which nonresidents can be sued there?
Long arm statute
Which rules must be consistent with International Shoe for long-arm statutes?
defendant has contacts with the state, suit based on defendant's activities in state, fair and just
When does PA take personal jurisdiction over long-arm statutes?
supply goods/services to anyone in state, hold state license
What states have long-arm statutes that include e-businesses?
California, New York, Virgina, Maine
What are the two types of courts?
Trial and Appellate
What is the purpose of trial court?
To conduct trials
What are the 4 parts of conducting trials?
Recieve evidence, evaluate its credibility, apply the appropriate law, make decision
What are the 3 steps in an appellate court?
review record of lower court, review attorney's argument, make decision
What are ways to review the record of lower courts in an appellate court?
notes of testimony, documentary evidence, photos/descriptions of physical evidence
What are the two documents used to review the attorney's argument in an appellate court?
written briefs, oral arguments
What are the two types of court systems?
Federal and state
What are the eight stages of civil litigation?
pleadings, discovery, pretrial conferences, jury selection, trial, post-trial motions, appeals, enforcement/execution of judgements
What are documents of each party, containing their contentions?
pleadings
What are the two major pleadings?
Complaint and answer
Who makes the complaint?
plaintiff
Who makes the answer?
Defendant
What are the 4 purposes of the complaint?
commence lawsuit, obtain jurisdiction, notify defendant of claim against him/her, request relief
What is service of process?
delivery of complaint to defendant
How does service of process fulfill the 14th Amendment?
obtains personal jurisdiction
What must there be for the service of process?
method that is reasonably calcualted to give the defendant notice of the claims against them
What are the 2 purposes of the answer?
respoond to allegations in complaint, add additional material, affirmative defenses and counterclaims
What permits each attorney to obtain information from an opposing party?
Discovery
What are the 2 goals of discovery?
to prepare for trial, to prevent surprises
What is discoverable? (3 conditions)
anything broadly relevant to the case, so long as it is not privileged, not unduly burdensome on other party
What is a right to privacy, based on a confidential relationship?
Privilege
What are 5 examples of privileges?
attorney/client, doctor/patient, priest/supplicant, spousal relationship, attorney work product (work attorney does on a case), common interest (between attorney's in different lawfirms)
What are the 6 methods of discovery?
interrogations, deposition, physical examination, medical examination, mental examination, request for admissions
What are written questions mailed to another party in the lawsuit?
interrogations
What are the features of interrogations?
fast, cheap, easy to send, can gather huge amounts of information
How long does the opponent have to answer in an interrogation?
20-40 days
Is there an opportunity to observe answering party in an interrogation?
No
What is a face to face question and answer session?
deposition
What are the features of depositions?
time-consuming to prepare and conduct, costlier way to get information, deponent can be observed, little opportunity to falsify
Who is present during a deposition?
attorneys for all parties, recorded by a stenographer
What are the three requests for physical examination?
request for documents, entry upon land, objects
What does a medical and mental examination require?
court order
What must be at issue for a mental and medical examination?
mental or physical condition of person
How must the medical or mental examiner be appointed?
independent; judge appoints psychologist
What is similar in appearance to a complaint?
request for admissions
What is a series of allegations?
request for admissions
What is the other party asked about the request for admissions?
to admit or deny
What is a meeting between a judge and attorneys?
pretrial conference
Who is not present during pretrial conferences?
stenographer, clients
When do pretrial conferences occur?
any time between pleadings and trial
What are the 2 purposes of pretrial conferences?
judge encourages settlement, issues orders to plan for trial
How does the judge encourage settlement?
attorneys report on settlement attemps and if none judge encourages negotiation
What may the judge suggest during pretrial conferences?
settlement amount
What does each attorney present?
Evidence list
What does the evidence list include?
names of witnesses, physical evidence
What 2 things does the judge order?
admissiblity of disputed evidence, discovery deadline
What amendments give the right to jury trial?
6th amendment- criminal cases; 7th amendment- civil cases
What does the jury administrator compile a list of?
drivers, voters, property owners, taxpayers
What are the 5 qualifications to be in the jury?
US citizen, 18 years old, able to read/understand English, mentally/physically able to serve, not convicted of serious crime
What is a written notice of call to jury duty?
jury summons
What is mandatory for jury summons?
appearance at courthouse
What does the administrator have power to do for jury summons?
power to excuse
What is the process of jury summons?
administrator randomly selects citizens to call to jury duty, mails jury summons to citizens
What is the legal right to avoid jury duty?
exemption
What are the PA exemptions?
anyone who has served in the preceeding 2 years, undue hardships, active military duty
How are those selected told when they arrive at the courthouse?
judge reads numbers
How does the jury sit?
given seats in jury box
What does the judge administer to the jury assembly?
oath of office
What can the attorney's challenge?
each attorney can challenege the right of a particular citizen to serve on jury
What is 2 types of challenges?
challenge for cause, peremptory challenge
Which challenege includes the attorney's request that prospective juror be removed as unqualified?
Challenge for cause
Which challenge includes the attorney's choice?
Peremptory challenge
Which challenge could be biased or lack of other qualifications?
Challenge for cause
Which challenge does no reason need to be expressed?
Peremptory challenge
Which challenge does the judge decide whether to grant or not?
Challlenge for cause
Which challenge does not incluce race or gender?
Peremptory challenge
Which challenge includes a limited number for each attorney?
Peremptory challenge
What is it called when prospective jurors are called to the courtroom for questioning?
Voir Dire
Who is present during Voir Dire?
judge, attorneys, parties
What is the speech given by each attorney to the judge and/or jury?
opening statement
What do the opening statements preview the case with?
legal position, facts to be presented
What are the 2 rules for opening statements?
all facts mentioned must be proven, if emotionally inflammatory, must be probative
Who presents the evidence first?
party with burden or proof
In a criminal case, who needs to prove case and how?
government needs to prove case beyond reasonable doubt
In a civil case, who needs to prove case and how?
plaintiff needs to prove case by preponderance of evidence
Who is the major source of evidence?
witness
Who conducts direct examination?
attorney who calls witness
Who conducts cross examination?
opposing attorney
What is the speech made by each attorney?
closing arguments
What have the same rules as opening statements?
Closing arguments
What do attorneys do in the closing arguments?
summarize and characterize evidence
What does the judge tells the jury during the charge?
relevant law and how to apply laws to the facts of the case
Where does the judge tell the jury the charge?
in open court
Where do the jurors discuss the case?
in a private room
What is latin for "truth spoken"?
verdict
What is the decision of the jury?
verdict
When is the verdict announced and by whom?
in court by jury foreperson
Does the verdict have to be unanimous?
No
What is the decision of the judge?
judgment
What are the two types of judgment?
Judgment on the verdict, judgment non obstante verdicto
What is the judgment when the judge agrees with the jury verdict?
judgment on the verdict
What is the judgment when the judge disagrees with the jury verdict?
judgment non obstante verdicto
Wha tis lation for "judgment despite the verdict"?
judgment non obstante verdicto
When is the judgment non obstante verdicto proper?
when no reasonable jury could have reached this jury's decision
What is a request for a new trial?
Motion for a new trial
How is the post-trial motion procedure?
in writing to trial judge
When must the post-trial motion be filed by?
within 10-30 days after verdict on judgment
What are the 4 grounds for a new trial?
error in law, insufficient evidence, misconduct, lost of transcript
Who files an appeal and when?
Appellant files notice of appeal with appellant court within 30 days of denial of post-trial motion
After the appeal is filed what 2 things happen?
trial judge prepares the opinion, trial judge sends the record to appellant court
What are the 4 contents of the record?
trial court opinion, transcript of trial, documentary evidence, post-trial motions
What does the appellant do when is notified the record has been sent?
files brief within 30 days
When does the appellee file brief?
within 30 days after appellant files brief
What is it called when the attorneys summarize their legal points?
oral arguments
Who asks questions during the oral arguments?
justices
Who may be present during the oral arguments?
clients
What are the 3 possible deciison on appeal?
affirm, reverse, remand
When can a final judgment be enforced?
when it is not longer appellable
What is the court order that commences enforcement of judgment?
writ of execution
What are the 3 contents of the writ?
amount of money owed, assets of defendant to be seized and sold, order that proceeds of sale be paid to plaintiff
What is the defendant notified of?
execution proceedings
What does the defendant claim?
exemptions
What kind of exemptions does the defendant claim?
pensions, homestead exmeption, contents of home, one vehicle, tools of trade, animals
What is the sherriff's sale?
sheriff auctions sezied property to highest bidder; buyer pays cash and proceeds paid to plaintiff
What occurs when proceeds of sale are insufficient to satisfy judgment?
Deficiency judgment
When judgment, interest and costs have been fully paid what is this called?
satisfaction
What are the six sources of American Law?
constitutions, statute, case law, treaty, executive order, administrative law
What identifies the fundamental political principles of a government?
consitution
What are the 3 constitutions of the US?
US Consitution, state constitutions, home rule charter of local governments
What is a law made by a legislative body?
statute
What is law made by a court?
case law
What courts have the power of a case law?
only upper level courts
What is a contract between two or more nations?
treaty
What is a major source of international law?
treaty
Who has the authority to make a treaty?
president
How much of the Senate must ratify the treaty?
2/3
What is a decree made by a chief executive?
executive order
What power is not granted in the constitution?
executive order
What is used to implement lawful powers?
executive order
What is law made by agencies?
administrative law
What are the two types of administrative law?
regulations and adjudications
To who do regulations apply?
everyone
Where does authority for regulations come from?
legislature and chief executive
To who do adjudications affect?
only parties in case but may affect future cases
Where does authority come from for adjudications?
agencry's area of expertise