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38 Cards in this Set
- Front
- Back
Inferior Trial Courts (State Court) |
hear minor criminal cases such as traffic offenses and civil cases involving small amounts of money and conduct preliminary hearings in more serious criminal cases |
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Trial Courts (State Court)
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have general jurisdiction over civil and criminal cases |
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Special Trial Courts (State Court) |
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 (State Court) |
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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Subject Matter Jurisdiction |
authority of a court to decide a particular kind of case |
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Exclusive Federal Jurisdiction (Subject Matter Jurisdiction) |
federal courts have sole jurisdiction over federal crimes, bankruptcy, antitrust, patent, trademark, copyright, and other special cases |
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Concurrent Federal Jurisdiction (Subject Matter Jurisdiction) |
authority of more than one court to hear the same case; state and federal courts have concurrent jurisdiction over (1) federal question cases (cases arising under the Constitution, statutes, or treaties of the US) which do not involve exclusive federal jurisdiction and (2) diversity of citizenship cases involving more than $75,000 |
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Exclusive State Jurisdiction (Subject Matter Jurisdiction) |
State courts have exclusive jurisdiction over all matters to which the federal judicial power does not reach |
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Jurisdiction over the Parties |
the power of a court to bind the parties to a suit |
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In Personam Jurisdiction
(Jurisdiction over the Parties) |
jurisdiction based on claims against a person, in contrast to jurisdiction over property |
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In Rem Jurisdiction (Jurisdiction over the Parties) |
jurisdiction based on claims against property |
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Attachment Jurisdiction (Jurisdiction over the Parties) |
jurisdiction over a defendant's property to obtain payment of a claim not related to the property |
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Venue (Jurisdiction over the Parties) |
geographic area in which a lawsuit should be brought |
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Pleadings (Civil Procedure) |
series of statements that give notice and establish the issues of fact and law presented and disputed: Complaint, Summons, Answer, Reply |
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Complaint (Pleadings) (Civil Procedure) |
initial pleading by the plaintiff stating his case |
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Summons (Pleadings) (Civil Procedure) |
notice given to inform a person of a lawsuit against her |
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Answer (Pleadings) (Civil Procedure) |
defendant's pleading in response to the plaintiff's complaint |
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Reply (Pleadings) (Civil Procedure) |
plaintiff's pleading in response to the defendant's answer |
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Pretrial Procedure |
process requiring the parties to disclose what evidence is available to prove the disputed facts; designed to encourage settlement of cases or to make the trial more efficient: Judgment on Pleadings, Discovery, Pretrial Conference, Summary Judgment |
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Judgment on Pleadings (Pretrial Procedure) (Civil Procedure) |
a final ruling in favor of one party by the judge based on the pleadings |
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Discovery (Pretrial Procedure) (Civil Procedure) |
right of each party to obtain evidence from the other party |
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Pretrial Conference (Pretrial Procedure) (Civil Procedure) |
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 (Pretrial Procedure) (Civil Procedure) |
final ruling by the judge in favor of one party based on the evidence disclosed by discovery |
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Trial (Civil Procedure) |
determines the facts and the outcome of the case: Jury Selection, Conduct of Trial, Directed Verdict, Jury Instructions, Verdict, Motions Challenging Verdict |
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Jury Selection (Trial) (Civil Procedure) |
each party has an unlimited number of challenges for cause and a limited number of peremptory challenges |
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Conduct of Trial (Trial) (Civil Procedure) |
consists of opening statements by attorneys, direct and cross-examination of witnesses, and closing arguments |
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Directed Verdict (Trial) (Civil Procedure) |
final ruling by the judge in favor of one party based on the evidence introduced at trial |
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Jury Instructions (Trial) (Civil Procedure) |
judge gives the jury the particular rules of law that apply to the case |
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Verdict (Trial) (Civil Procedure) |
the jury's decision based on those facts the jury determines the evidence proves |
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Motions Challenging Verdict (Trial) (Civil Procedure) |
include motions for a new trial and a motion for judgment notwithstanding the verdict |
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Appeal (Civil Procedure) |
determines whether the trial court committed prejudicial error |
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Enforcement (Civil Procedure) |
plaintiff with an unpaid judgment may resort to a writ of execution to have the sheriff seize property of the defendants and to garnishment to collect money owed to the defendant by a third party |
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Arbitration (Alternative Dispute Resolution) |
nonjudicial proceeding in which a neutral third party selected by the disputants renders a binding decision (award) |
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Conciliation (Alternative Dispute Resolution) |
nonbonding process in which a third party acts as an intermediary between the disputing parties |
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Mediation (Alternative Dispute Resolution) |
nonbonding process in which a third party acts as an intermediary between the disputing parties and proposes solutions for them to consider |
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Mini-Trial (Alternative Dispute Resolution) |
nonbonding process in which attorneys for the disputing parties (typically corporations) present evidence to managers of the disputing parties and a neutral third party, after which the managers attempt to negotiate a settlement in consultation with the third party |
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Summary Jury Trial (Alternative Dispute Resolution) |
mock trial followed by negotiations |
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Negotiation (Alternative Dispute Resolution) |
consensual bargaining process in which the parties attempt to reach an agreement resolving their dispute without the involvement of third parties |