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35 Cards in this Set

  • Front
  • Back
If writ not granted, lower court decision is final
Writ of Certiorari
Where case is first brought; deals in issues of fact
District Court
Deals with appeals and issues of law
State court of appeals
Second appellate review dealing with issues of law
State Supreme Court
Process to resolve disputes
Civil Litigation
Claims damages before court
Defends against plaintiff
Right of a court to hear & decide the case
Jurisdiction is needed over
subject matter and either persons or property
Wills & Trusts, Child Custody
All in Probate Court
Municipal Matters
Municipal Courts
Limited claims of usually $25,000 or less
District Court
Larger claims than 25,000$
Circuit Court
Three(fourish) bases Federal courts may hear cases
-Cases in which the U.S. is a party to the suit
-Cases involving federal law
-Cases involving citizens of different states
-Amount in Controversy is for more than $75,000
In rem jurisdiction
The dispute between the parties is over property
Quasi in rem jurisdiction
Defendant’s property is attached to pay for unrelated matter
Appropriate geographical location of the court that has jurisdiction
In controversial or well-publicized cases, defendants will ask for
change of venue
Either party may request a change of venue to a more convenient court that could hear the case.
Doctrine of forum non conveniens
Best way to discover the truth is through competing evidence
Underlying belief
What are nominal damages?
Proves case to be true, but not damages
If no further appeal is available, judgment becomes final
res judicata
Enforcement of judgment is through
writ of execution
A promise or set of promises for the breach of which the law gives a remedy, or the performance of which the law in some way recognizes a duty
Everything is okay--all elements are there
One of elements is missing--lacks a requirement of a contract
Is valid but capable of being voided by a circumstance
Was initially valid, but not enforceable due to a change in law or it is held to violate public policy. No remedy.
Reject the original offer but keep negotiations open by presenting new offer
Something of value or something bargained for in exchange for a promise
Discharge and payment accordingly
Total performance
Transfer of rights to another
Transfer of duties to another
Performance is substantially less than the contract provides
Material breach
A party indicates inability or lack of desire to perform
Anticipatory breach or repudiation