Legal Research Mid-Term

Front 1

The role of a Paralegal in Legal Reseach?

Back 1

1.Research memos
2.case analysis
3.Ethics
4.support/file motions

Front 2

What is Negotiation?

Back 2

When parties cannot come to a resolution. Typicall no lawyers. Parties discuss dispute and come to a resolution.

Front 3

What is Arbitration?

Back 3

When parties present their dispute outside a court rm to be decided by a persons/panel. Less formal than litigation and it is binding. Usually 90%/%100 become binding.

Front 4

What is Mediation?

Back 4

Hired as an independant 3rd party to "help" the parties make a decision-does NOT make a formal decision in the case? Non-binding and Contractually required.

Front 5

What is Litigation?

Back 5

This is a Government provided dispute resolution process which is part of the Judicial branch-either jury or judge makes a decision?

Front 6

Step 1 in a service.

Back 6

Providing Defendant with a complaint, writ ,summons or any other notice as prescribed by law?

Front 7

Step 2 in a service.

Back 7

Then Defendant responds to complaint-most jurisdictions you have 30 days to respond?

Front 8

Step 3 in a service.

Back 8

When a counterclaim may be filed from D against P-called a cross p or cross d?

Front 9

Step 4 in a service

Back 9

Discovery...
1.disclosure
2.Interrogatories(written questions)

3.Depositions(sworn oral testimony)

4.Production of doc's,tangible items, or inspection of property.

5.Expert's report/opinion -Med examinations.

6.Req for admission (asking opponent to admit certain facts in writing which then do not have to be proven at trial.

Front 10

Voir dire

Back 10

The Process where the judge & attorneys question potential jurors?

Front 11

Appellate Court
(US Court of Appeals)
(Federal)

Back 11

This court will hear/receive appeals and will review the decisions of the trial and review questions of law not facts?

Front 12

File for an appeal w/the Appellate Court.

Back 12

This court will do the following when they come to a decision..

1. Affirm
2.Modify
3.Reverse
4.Remand

Front 13

Appellate Court
(US Court of Appeals)
(Federal)

Back 13

To appeal to this court? This court will review questions of law not facts?

Front 14

The US Supreme Court
(Federal & State)

Back 14

This is the highest court in the US established by the US Constitution-it's decision is final and cannot be appealed?

Front 15

Jurisdiction

Back 15

The authority of a governing body(court) to exercise control over a conflict/dispute and to hear/decide questions of law or fact?

Front 16

Original Jurisdiction

Back 16

This level of Jurisdiction is usually held w/ the trial court and where the case originates?

Front 17

In Personam Jurisdiction

Back 17

This means Jurisdiction over a a particular person?

Front 18

In Rem Jurisdiction

Back 18

This means Jurisdiction over property-to seize property (real estate,jewerly, bank deposits) within it's geographical area?

Front 19

Federal Court Jurisdiction

Back 19

This court have's Exclusive Jursdiction over...

1. Bankruptcy
2.Copyrights,Trademarks,Patents

3.Claims against US Gov
4.Fed Criminal Prosecutions

Front 20

1. Fed Questions such as the
-Constitution
-Fed Law
-US treaties

2. Diversity of Citizenship(two different states) and issue valued at $75,000 +.

Back 20

Federal court have original Jurisdiction over two important cases/issues?