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17 Cards in this Set
- Front
- Back
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Magistrate Judge |
A federal magistrate judge has authority to hear and determine pretrial motions, to conduct hearings, including evidentiary hearings, and to submit to the supervising judge proposed findings of facts, conclusions of law and recommendations for disposition of pending matters. |
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Jurisdiction |
Authority or power of a court. Two categories, personal and subject matter. |
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Jurisdiction: Territorial limitations. |
Usually limited to a state's boarder. An exemption, a defendant can be served outside the state if the lawsuit arises out of the defendant's activity within the state, such as doing business there, or if the defendant was involved in an occurrence within the state, or is a citizen of the state. |
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Subject Matter jurisdiction |
Jurisdiction over the type of case and the subject matter of the litigation. A court can't decide voting rights of citizens in another state, or constitutional rights afforded by the constitution of another state. Subject matter jurisdiction can be challenged at any time, even after entry of judgment. |
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What are the three types of jurisdiction? |
Subject Matter, Territorial and Personal |
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Long Arm Statutes |
Gives states power to reach persons in other states and exercise jurisdiction over them when nonresidents commit torts within the state. Under long arm statutes, courts have personal jurisdiction over manufacturers and vendors who commit torts within the state even though they do not do business within the state. |
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Subpoena |
Gives court personal jurisdiction over a nonparty. |
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What are 7 purposes of a subpoena? |
1. Testify at trial 2. Testify at hearing 3. Testify in an oral deposition 4. Testify in a deposition on written questions 5. To produce documents for inspection and copying. 6. To produce tangible things for inspection and nondestructive testing. 7. To provide entrance to real estate for inspection and photographing. (See Fed Rule45(a)(3) |
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Venue |
Judicial District in which an action is brought for trial and that is to furnish the panel of jurors. |
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When a case is tried to a judge, what must they provide? |
Findings of Fact, Conclusions of Law, and Order for Judgment. |
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Equitable Relief |
Redress provided by a court other than money damages. Equitable relief includes remedies like specific performance, rescission of a contract, reforming a contract and injunctive relief. |
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Questions asked in negligence actions. |
1.Were the parties negligent? 2.Was a party's negligence the proximate cause of the loss? 3.What sum of money would provide full compensation? |
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Does the Constitution outline how many number of jurors there should be? |
No, historically there have been 12, however Federal Rules and case law provide no fewer than 6. Twelve person juries are more predictable. Smaller juries are more economical. |
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General Verdict with interrogatories |
A general verdict in which the jury finds for the plaintiff or defendant and in addition, must answer specific questions about the facts of the case. The judge decides what questions to ask and how to word the questions. Who enters judgement on the verdict? Clerk of the Court. |
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Special Verdict |
Asks questions concerning disputed facts and ultimate questions of fact. The jury must apply substantive law to arrive at the ultimate issues of fact. In State Courts all concurring jurors must agree to all answers. The clerk of the Court does not enter judgment on the verdict. |
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What would be a reason to use a special verdict? |
If an error occurs in the trial but it can be determined front the jury's answers that the error did not affect the outcome of the case, the error is not prejudicial and cannot be used as grounds for an appeal. |
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Who decides which type of verdict to use? |
The judge. The type of verdict does not depend on the kind of case. Based on complexities of the issues. |
