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35 Cards in this Set
- Front
- Back
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District Courts
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trial courts of general jurisdiction; authority to hear most legal controversies
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Courts of Appeals
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hear appleas from district courts and review orders of certain admin agencies
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The Supreme Court
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nation's highest court; reviews decisions from fed courts of appeals
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Speical Courts
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have jurisdiction over special areas: US court of Fed Claims, US Tax Court, US Bankruptcy Court, US courts of appeals for Fe circut.
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Inferior Trial Courts
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hear minor criminal cases: traffic court, involving small $; coduct preliminary hearings in more serious criminal cases
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Appelate Courts
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1 or 2 levels; highest court's decision=final execpt those reviewed by us sumpreme court
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Subject Matter Jurisdiction
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aurthority of a court to hear a case
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Jurisdiction over the Parties
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power of cour to bind parties to a suit.
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Exclusive FED Jurisdiction
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fed crimes, bankruptcy, anti trust, trademark, copyright, other specified
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Concurrent FED Jurisdiction
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authority of more than one court to hear a case
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State Jurisdiction
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state courts have exclusive jurisdiction over any case the FED's dosn't reach
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In Parsonam
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jurisdiction based upon claims against a person, in contrast to jurisdiction over one's property.
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Attachment Jurisdiction
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jurisdiction over a defentant's property to obtain payment of a claim not related to property
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stare decisis
The Pleadings |
a series of statements that give notice and establish the issues of fact and the law presented and disputed
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stare decisis
Complaint |
initial pleading by the plaintiff stating his case
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stare decisis
Summons |
notice given to inform of law suit filed
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stare decisis
Answer |
defendant's pleading in response to plaintiff's pleading
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stare decisis
Reply |
plaintiff's pleading in response to defendant's answer
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pretrial
Judgement on Pleadings |
a final ruling in favor of one party by the judge, based on pleadings
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Discovery
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right of each party to obtain evidence from either party
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Pretrial Conference
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meeting between judge & attorneys in attempt to settle w/o trial
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Summary Judgment
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final ruling by judge in favor of one party based on evidence disclosed by discovery
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Jury Selection
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each party has unlimited # of challenges for cause and limited # of peremptory challenges
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Conduct of Trial
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consists of opening statements, direct cross examination of witness, closing arguments
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Jury Instructions
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judge gives jury particular rules of law that apply to the case
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Verdict
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jury's decision based on the facts proved by evidence
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Motions of Challenge the Verdict
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motions for new trial; motion for judgment not withstandng the verdict
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Appeal
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determines whether the trial court committed prejudicial error.
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Enforcement
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plaintiff with an unpaid judgement may resort to a writ of execution to have sheriff take property of the defendant; garnishment to collect $ owed
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Arbitration
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nonjudicial proceeding with a neutral party to render a binding decision
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Conciliation
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a nonbinding process in which a 3rd party acts as an intermediary between disputing parties
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Mediation
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a nonbinding process in which a 3rd party acts as an intermediary between disputing parties, and proposes soultions for dispute resolution
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Mini-Trial
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a non binding process in which attorneys present evidence to managers of disputing parties and a 3rd neutral party who will render a decision
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Summary of Jury Trial
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mock trial followed by negotiations
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Negotiation
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consensual bargaining process in which the parties attempt to reach an agreement resolving their dispute w/o involvment of 3rd parties
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