Lhc 305

Front 1

District Courts

Back 1

trial courts of general jurisdiction that can hear and decide most legal controversies in the federal system

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Courts of Appeals

Back 2

hear appeals from the district courts and review orders of certain administrative agencies

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Reverse

Back 3

set aside the lwoer court's judgement

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Modify

Back 4

Change the lower courts judgement

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Remand

Back 5

send the case back to the lwoer court

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Affirm

Back 6

uphold the lower court's judgement

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Trial courts

Back 7

have general jurisdiction over civil and criminal cases

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Special trail courts

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trial courts, such as probate courts and family courts, which have jurisdiction over a particular area of state law

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Appellate Courts

Back 9

include one or two levels; the highest court's decisions are final except in those cases reviewed by the U.S. Supreme Court

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Jurisdiction

Back 10

authority of a court to hear and decide a case

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Subject matter jurisdiction

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authority of a court to decide a particular kind of case

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Exclusive federal juridiction

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jurisdiction that permits only the deferal courts to hear a case

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Concurrent federal jurisdiction

Back 13

authority of federal or state courts to hear the same case

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Federal Question

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any case arising under the constitution, statues, or treaties of the United States

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Jurisdiction over the parties

Back 15

power of a court to bind the parties to a suit

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In personam jurisdiction

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jurisdiction based on claims against a person, in contrast to jurisdiction over property

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In rem jurisdiction

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jurisdiction based on claims against property

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Quasi in rem jurisdiction

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jurisdiction over property not based on claims against it

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Venue

Back 19

particular geographical place where a court with jurisdiction may hear a case

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Pleadings

Back 20

series of responsive, formal, written statements by each side to a lawsuit

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Complaint

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initial pleading by the plaintiff stating his case

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Summons

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notice given to inform a person of a lawsuit against her

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Default judegemnet

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judgment against a defendant who fails to respond to a complaint

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Demurrer

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motion to dismiss for failure to state a claim

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Answer

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defendant's pleading in response to the plaintiff's complaint

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Reply

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plaintiff's pleading in response to the defendant's answer

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Pretrial procedure

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process requiring the parties to diclose what evidence is available to prove the disputed facts; designed to encourage settlement of cases or to make the trial more efficient

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Judgment on the pleadings

Back 28

final binding determination on the merits made by the judge after the pleadings

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Discovery

Back 29

pretrial exchange of information between opposing parties to a lawsuit

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Pretrial Conference

Back 30

a conference between the judge and the attorneys to simplify the issues in dispute and to attempt to settle the dispute without trial

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Summary judgment

Back 31

binding determinations on the merits made by the judge before trial

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Trial

Back 32

determines the facts and the outcome of the case