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57 Cards in this Set

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District Courts
Trial courts of general jurisdiction that can hear and decide most legal controversies in the federal system
Courts of Appeals
Hear appeals from the district courts and review orders of certain administrative agencies
Reverse
Set aside the lower court's judgement
Modify
To change the lower court's judgement
Remand
Send the case back to a lower court
Affirm
Uphold the lower court's judgement
The Supreme Court
Nation's highest court whose principal function is to review decisions of the Federal Courts of Appeals and the highest state courts
Appeal by Right
Mandatory review by a higher court
Writ of Certiorari
Discretionary review by a higher court
Special Courts
Have jurisdiction over cases in a particular area of federal law and include the U.S. Court of Federal Claims, The Tax Court, The U.S. Bankruptcy Court, and the U.S. Court of Appeals for the Federal Circuit
Inferior Trial Courts
Hear minor criminal cases such as traffic offenses and civil cases involving small amounts of money and conduct preliminary hearings in more serious criminal cases
Small Claims Courts
Inferior trial courts with jurisdiction over civil cases involving a limited dollar amount
Trial Courts
Have general jurisdiction over civil and criminal cases
Special Trial Courts
Trial courts, such as probate courts and family courts, which have jurisdiction over a particular area of state law
Appellate Courts
Include one or two levels; the highest court's decisions are final except in those cases reviewed by the Supreme Court
Jurisdiction
Authority of a court to hear and decide a case
Subject Matter Jurisdiction
Authority of a court to decide a particular kind of case
Exclusive Federal Jurisdiction
Jurisdiction that permits only the federal courts to hear a case
Concurrent Federal Jurisdiction
Authority of federal or state courts to hear the same case
Federal Question
Any case arising unde the Constitution, statutes, or treaties of the United States
Jurisdiction Over the Parties
Power of a court to bind the parties to a suit
In Personam Jurisdiction
Jurisdiction based on claims against a person, in contrast to jurisdiction over property
In Rem Jurisdiction
Jurisdiction based on claims against property
Quasi in Rem Jurisdiction
Jurisdiction over property not based on claims against it
Venue
Particular geographical place where a court with jurisdiction may hear a case
Pleadings
Series of responsive, formal, written statements by each side to a lawsuit
Complaint
Initial pleading by the plaintiff stating his case
Summons
Notice given to inform a person of a lawsuit against her
Default Judgement
Judgement against a defendant who fails to respond to a complaint
Demurrer
Motion to dismiss for failure to state a claim
Answer
Defendant's pleading in response to the plaintiff's complaint
Reply
Plaintiff's pleading in response to the defendant's answer
Pretrial Procedure
Process requiring the parties to disclose what evidence is available to prove the disputed facts; designed to encourage settlement of cases or to make the trial more efficient
Judgement on the Pleadings
Final binding determination on the merits made by the judge after the pleadings
Discovery
Pretrial exchange of information between opposing parties to a lawsuit
Pretrial Conference
A conference between the judge and the attorneys to simplify the issues in dispute and to attempt to settle the dispute without trial
Summary Judgement
Binding determinations on the merits made by the judge before trial
Trial
Determines the facts and outcome of the case
Veir Dire
Prelimary examination of potential jurors
Conduct of Trial
Consists of opening statements by attorneys, direct and cross examination of witnesses, and closing arguments
Directed Verdict
Final binding determination on the merits made by the judge after a trial has begun but before the jury renders a verdict
Jury Instructions
Judge gives the jury the particular rules of law that apply to the case
Verdict
Formal decision by the jury on questions submitted to it
Motions Challenging Verdict
Include motions for a new trial and a motion for judgement nonwithstanding the verdict
Judgement Nonwithstanding the Verdict
A final binding determination on the merits made by the judge after and contrary to the jury's verdict
Appeal
Determines whether the trial court committed prejudicial error
Enforcement
Plaintiff with an unpaid judgement may resort to a writ of execution to have the sheriff seize the property of the defendant and to garnishment collect money owed to the defendant by a third party
Arbitration
Nonjudicial proceeding where a neutral third party selected by disputants renders a binding decision
Consensual Arbitration
Arbitration voluntarily entered into by the parties
Compulsory Arbitration
Arbitration required by statute for specific types of disputes
Award
The decision of an arbitrator
Conciliation
Nonbinding process in which a third party acts as an intermediary between the disputing parties
Mediation
Non binding process in which a third party acts as an intermediary between the disputing parties and proposes solutions for them to consider
Med-Arb
Binding process in which a third party serves first as a mediator and then as an arbitrator for those issues not resoved through mediation
Mini-Trial
Non binding process in which attorneys for the disputing parties present evidence to managers of the disputing parties and a neutral third party, and then the managers attempt to negotiate a settlement in colsulation with the third party
Summary Jury Trial
Mock trial followed by negotiations
Negotiation
Consensual bargaining process in which the parties attempt to reach an agreement resolving their dispute without the involvement of third parties