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51 Cards in this Set

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What is in Personam jurisdiction?
When a state has jurisdiction over the people within its borders (territories) – brought against a person – e.g., suit for damages arising out of a tort or breach of contract; binds defendant personally.
In cases with foreign defendants that do not have sufficent minimum contacts with any one particular state, may the consideration of the aggregate total of contracts with the U.S. as a whole and if there are sufficent minimum contracts,can a case be brought?
Yes, but it can be brought in federal court only
The body of law enacted by legislative bodies:
Statutory law
On what matters do the federal courts have exclusive jurisdiction?
a. Patents
b. Admiralty law
c. Anti-trusts
d. Bankruptcy
e. Copyright and trademarks
f. Suits against the US
g. Federal crimes
h. Other specified federal statutes
What is in rem jurisidiction?
A state’s jurisdiction over things/property within its borders; determines ownership, settles rights of all people who claim an interest in the action, is directly against property.
A common law doctrine under which judges are obligated to follow the precedents established in prior decisions within their jurisdictions:
Stare decisis
A motion asserting that a trial was so fundamentally flawed (because of error, newly discovered evidence, prejudice, or other reason) that a new trial is necessary to prevent a miscarriage of justice:
Motion for a new trial
What sources of law have binding authority in a case?
Constitutions, statues, regulations that govern the issue being decided, & court decisions that are controlling precedents within the jurisdiction.
What is the rule of four?
A rule of the U.S. Supreme Court under which the Court will not issue a writ of certiorari unless at least 4 justices approve the decision to issue the writ.
What are some examples of alternative dispute resolution?
Negotiation, Mediation, and Arbitration
A common law doctrine under which judges are obligated to follow the precedents established in prior decisions within their jurisdictions:
Stare decisis
A motion asserting that a trial was so fundamentally flawed (because of error, newly discovered evidence, prejudice, or other reason) that a new trial is necessary to prevent a miscarriage of justice:
Motion for a new trial
What sources of law have binding authority in a case?
Constitutions, statues, regulations that govern the issue being decided, & court decisions that are controlling precedents within the jurisdiction.
What is the rule of four?
A rule of the U.S. Supreme Court under which the Court will not issue a writ of certiorari unless at least 4 justices approve the decision to issue the writ.
What are some examples of alternative dispute resolution?
Negotiation, Mediation, and Arbitration
Who facilitates the negotiations during concilliation? What is his function?
An interested third party who helps the disputing parties reach an agreement themselves.
What is a motion to change venue?
When the defendant alleges bias or prejudice of inhabitants of the county where it was filed.
What is the only discovery device that can be used on a non party?
Depositions
Who facilitates the negotiations during arbitration? What is his function?
A impartial third party (other than a court), who renders a decision, this decision may or may not be legally binding.
Who facilitates the negotiations during mediation? What is his function?
A neutral third party who acts as a communicating agent between the parties and suggests ways in which the parties can resolve their dispute.
Any case arising under the Constitution, statutes, or treaties of the United States:
Federal Question cases (no minimum dollar requirement)
The power of federal courts to review acts of the legislative and executive branches of government to determine whether they violate the constitution:
Judicial review
Explain how the Fifth Amendment's protection against self-incrimination works.
This means that no one can be forced to be a witness against themself.
Compare and contrast general jurisdiction with limited jurisdiction.
General Jurisdiction-means that a court can hear any type of case that falls within their venue.
Limited Jurisdiction-means that a court can hear only certain types of cases.
Compare and contrast mediation with arbitration.
Both involve neutral third parties, but arbitration is binding, and mediation is not.
Compare and contrast negotiation with mediation.
Both negotiation and mediation are not binding, but negotiation is just between the two parties, while mediation uses a neutral third party.
Compare and contrast a motion for a new trial with a motion for judgement on the pleadings.
The motion for judgement on the pleadings precedes the trial while a motion for a new trial comes after the trial.
Explain the disadvantages of discovery.
Discovery is very labor intensive, and is very expensive. Can lead to discovery abuse.
Explain a motion for summary judgement.
A motion for summary judgementwill be granted only if the evidence clearly establishes that there are no disputed issues of material fact and that the party who requested the summary judgement is entitled to recovery as a matter of law.
Explain the benefits of discovery.
Discovery helps everyone in the trial have all the facts. It also helps preserve evidence. It also reduces the number of legal issues to be presented at trial because the parties can see beforehand which claims they have evidence to support and which ones are not worth pursuing.
Define service of process.
the summons that officially notifies the the defendent that a lawsuit is pending against it in a particular court and that it must file a response to the complaint within a certain number of days.
Explain the three-tiered federal court system.
The lowest level is the U.S. district courts. They are the trial courts of the federal system. The second level is the courts of appeals. There are also specialized federal courts that hear disputes about certain subject areas. The highest tier is the U.S. Supreme Court.
Explain the 4 levels of the state court system.
The lowest level are several courts of limited jurisdiction that hear minor criminal matters, small civil suits, and other specialized legal disputes. The next level consists of courts of general jurisdiction. The third level is the state appellate courts that hear appeals from the lower level courts. The highest level is the state supreme court.
Explain how the courts might determine a natural person and a corporation's citizenship.
An individual is a citizen of the state where the person has his or her legal residence, or, if they have homes in one or more states, the state they consider home. A corporation is deemed a citizen of the state in which it has been incorporated and the state where the company has its principal place of business.
How is personal jurisdiction obtained over a defendant in a civil case? A witness?
Defendant: issued a summons

Witness: served w/ a subpoena
What considers the perspectives of women as they relate to legal decisions?
The feminist legal theory
How many U.S. Courts of Appeals exist?
13
How does the U.S. President enforce laws?

How do states enforce laws?
President: Through the Attorney General

States: Through police
What is the differencve between contracts that are VOID, VOIDABLE and UNENFORCEABLE?
A VOID contract is one WITHOUT ANY LEGAL EFFECT from the beginning

A VOIDABLE contract is one that either party may ELECT TO AVOID OR RATIFY

An UNENFORCEABLE CONTRACT is one otherwise valid but for nwhich some DEFENSE exists extraneous to formation
What tort case would be imposed on a manufacturer that introduces into commerce a good that is unreasonably dangerous when in a defective condition?
Strict liability
What type of tort case will arise Wal-Mart keeps a boy for 3 hours for something he did not steal?
Intentional Tort case for false imprisonment
What three elements are requires to create a contract?
1. mutual assent i.e. OFFER and ACCEPTANCE

2. CONSIDERATION or a substitute

3. NO DEFENSES TO FORMATION
What type of case would arise if a man's bulldog jumped out of its pen and bit a child?
A strict liability tort case ( the responsiblity is imposed on the dog owner even when there is no fault)
What 3 things must the parties of a contract have in order for the contract to be enforceable?
1) Must have CONTRACTUAL CAPACITY (cannot be minor, insane, drunk, etc.).
2) Must have CONSIDERATION ($$, service).
3) Must have a LAWFUL PURPOSE (cannot be gambling on illegal things).
What happens if a defendant decides that she wants to countersue her plaintiff?
She must file a cross-complaint (LA calls this a counterclaim).
This is the thing or act of value provided in exchange for a promise, which is required for a valid contract to be formed:
Consideration
False statement of fact that is intentionally or negligently published and that is damaging:
Defamation
When a defendant wants his case to be heard in federal court instead of a state court:
Removal (it can only be removed if the case could have been filed there in the first place).
may a third-party defendant assert any claim against the plaintiff arising out of the transaction or occurrence?
Yes, as long as the court has subject matter jurisdiction of the plaintiff's claim against the third party plaintiff.
Can an American living abroad bring a diversity action in federal court?
NO...there is no diversity because the one living abroad is not a citizen of any state, even though she/he is still an American citizen.
When may a defendant bring in third party?
At any time after commencement of the action a defending party, as a third-party plaintiff, may cause a summons and complaint to be served upon a person not a party to the action who is liable to be third-party plaintiff.