Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
161 Cards in this Set
- Front
- Back
|
What is the key to the courtroom?
|
Jurisdiction
|
|
|
What is latin for "judge speech"?
|
Jurisdiction
|
|
|
What is the power of a court to hear and decide a case?
|
Jurisdiction
|
|
|
What is power over the case?
|
Subject matter jurisdiction
|
|
|
All cases usually state or federal cases?
|
State cases
|
|
|
What are the two most common types of federal subject matter jurisdiction?
|
Federal question and Diversity
|
|
|
What is the case in federal question based on?
|
Federal law
|
|
|
Is the amount of money influenced in federal questisn?
|
No
|
|
|
What is the case in diversity based on?
|
Federal law
|
|
|
Is the amount of money influenced in diversity?
|
Yes, must exceed $75,000
|
|
|
How do opposing parties influence diversity?
|
Must be from different states
|
|
|
What are two common diversity cases?
|
Civil injuries and contracts
|
|
|
What are the three rules for which state has subject matter jurisdiction?
|
Where the party resides, where the incident occurred, where property is located
|
|
|
What two questions influence which court within the chosen court system has subject matter jurisdiction?
|
Petty case or major case? and General court or specialized court?
|
|
|
What is power over the parties?
|
Personal Jurisdiction
|
|
|
What kind of jurisdiction is required in every case?
|
Personal jurisdiction
|
|
|
What is in rem jurisdiction?
|
jurisdiction over the property
|
|
|
What are the three traditional grounds for personal jurisdiction?
|
consent, residence and presence
|
|
|
How do the plaintiff and the defendent influence consent?
|
Plaintiff consents, Defendant rarely consents
|
|
|
What are the two qualifications for a person to have residence?
|
residence of state is physically persent, state can require jurisdiction if not physically present
|
|
|
What are the two qualifications for a business to have residence?
|
principal place of business in state, incorporated in state
|
|
|
What are two qualifications for a person to be physically present in the state?
|
even if only temporary, even if lured there
|
|
|
What is a state statute describing which nonresidents can be sued there?
|
Long arm statute
|
|
|
Which rules must be consistent with International Shoe for long-arm statutes?
|
defendant has contacts with the state, suit based on defendant's activities in state, fair and just
|
|
|
When does PA take personal jurisdiction over long-arm statutes?
|
supply goods/services to anyone in state, hold state license
|
|
|
What states have long-arm statutes that include e-businesses?
|
California, New York, Virgina, Maine
|
|
|
What are the two types of courts?
|
Trial and Appellate
|
|
|
What is the purpose of trial court?
|
To conduct trials
|
|
|
What are the 4 parts of conducting trials?
|
Recieve evidence, evaluate its credibility, apply the appropriate law, make decision
|
|
|
What are the 3 steps in an appellate court?
|
review record of lower court, review attorney's argument, make decision
|
|
|
What are ways to review the record of lower courts in an appellate court?
|
notes of testimony, documentary evidence, photos/descriptions of physical evidence
|
|
|
What are the two documents used to review the attorney's argument in an appellate court?
|
written briefs, oral arguments
|
|
|
What are the two types of court systems?
|
Federal and state
|
|
|
What are the eight stages of civil litigation?
|
pleadings, discovery, pretrial conferences, jury selection, trial, post-trial motions, appeals, enforcement/execution of judgements
|
|
|
What are documents of each party, containing their contentions?
|
pleadings
|
|
|
What are the two major pleadings?
|
Complaint and answer
|
|
|
Who makes the complaint?
|
plaintiff
|
|
|
Who makes the answer?
|
Defendant
|
|
|
What are the 4 purposes of the complaint?
|
commence lawsuit, obtain jurisdiction, notify defendant of claim against him/her, request relief
|
|
|
What is service of process?
|
delivery of complaint to defendant
|
|
|
How does service of process fulfill the 14th Amendment?
|
obtains personal jurisdiction
|
|
|
What must there be for the service of process?
|
method that is reasonably calcualted to give the defendant notice of the claims against them
|
|
|
What are the 2 purposes of the answer?
|
respoond to allegations in complaint, add additional material, affirmative defenses and counterclaims
|
|
|
What permits each attorney to obtain information from an opposing party?
|
Discovery
|
|
|
What are the 2 goals of discovery?
|
to prepare for trial, to prevent surprises
|
|
|
What is discoverable? (3 conditions)
|
anything broadly relevant to the case, so long as it is not privileged, not unduly burdensome on other party
|
|
|
What is a right to privacy, based on a confidential relationship?
|
Privilege
|
|
|
What are 5 examples of privileges?
|
attorney/client, doctor/patient, priest/supplicant, spousal relationship, attorney work product (work attorney does on a case), common interest (between attorney's in different lawfirms)
|
|
|
What are the 6 methods of discovery?
|
interrogations, deposition, physical examination, medical examination, mental examination, request for admissions
|
|
|
What are written questions mailed to another party in the lawsuit?
|
interrogations
|
|
|
What are the features of interrogations?
|
fast, cheap, easy to send, can gather huge amounts of information
|
|
|
How long does the opponent have to answer in an interrogation?
|
20-40 days
|
|
|
Is there an opportunity to observe answering party in an interrogation?
|
No
|
|
|
What is a face to face question and answer session?
|
deposition
|
|
|
What are the features of depositions?
|
time-consuming to prepare and conduct, costlier way to get information, deponent can be observed, little opportunity to falsify
|
|
|
Who is present during a deposition?
|
attorneys for all parties, recorded by a stenographer
|
|
|
What are the three requests for physical examination?
|
request for documents, entry upon land, objects
|
|
|
What does a medical and mental examination require?
|
court order
|
|
|
What must be at issue for a mental and medical examination?
|
mental or physical condition of person
|
|
|
How must the medical or mental examiner be appointed?
|
independent; judge appoints psychologist
|
|
|
What is similar in appearance to a complaint?
|
request for admissions
|
|
|
What is a series of allegations?
|
request for admissions
|
|
|
What is the other party asked about the request for admissions?
|
to admit or deny
|
|
|
What is a meeting between a judge and attorneys?
|
pretrial conference
|
|
|
Who is not present during pretrial conferences?
|
stenographer, clients
|
|
|
When do pretrial conferences occur?
|
any time between pleadings and trial
|
|
|
What are the 2 purposes of pretrial conferences?
|
judge encourages settlement, issues orders to plan for trial
|
|
|
How does the judge encourage settlement?
|
attorneys report on settlement attemps and if none judge encourages negotiation
|
|
|
What may the judge suggest during pretrial conferences?
|
settlement amount
|
|
|
What does each attorney present?
|
Evidence list
|
|
|
What does the evidence list include?
|
names of witnesses, physical evidence
|
|
|
What 2 things does the judge order?
|
admissiblity of disputed evidence, discovery deadline
|
|
|
What amendments give the right to jury trial?
|
6th amendment- criminal cases; 7th amendment- civil cases
|
|
|
What does the jury administrator compile a list of?
|
drivers, voters, property owners, taxpayers
|
|
|
What are the 5 qualifications to be in the jury?
|
US citizen, 18 years old, able to read/understand English, mentally/physically able to serve, not convicted of serious crime
|
|
|
What is a written notice of call to jury duty?
|
jury summons
|
|
|
What is mandatory for jury summons?
|
appearance at courthouse
|
|
|
What does the administrator have power to do for jury summons?
|
power to excuse
|
|
|
What is the process of jury summons?
|
administrator randomly selects citizens to call to jury duty, mails jury summons to citizens
|
|
|
What is the legal right to avoid jury duty?
|
exemption
|
|
|
What are the PA exemptions?
|
anyone who has served in the preceeding 2 years, undue hardships, active military duty
|
|
|
How are those selected told when they arrive at the courthouse?
|
judge reads numbers
|
|
|
How does the jury sit?
|
given seats in jury box
|
|
|
What does the judge administer to the jury assembly?
|
oath of office
|
|
|
What can the attorney's challenge?
|
each attorney can challenege the right of a particular citizen to serve on jury
|
|
|
What is 2 types of challenges?
|
challenge for cause, peremptory challenge
|
|
|
Which challenege includes the attorney's request that prospective juror be removed as unqualified?
|
Challenge for cause
|
|
|
Which challenge includes the attorney's choice?
|
Peremptory challenge
|
|
|
Which challenge could be biased or lack of other qualifications?
|
Challenge for cause
|
|
|
Which challenge does no reason need to be expressed?
|
Peremptory challenge
|
|
|
Which challenge does the judge decide whether to grant or not?
|
Challlenge for cause
|
|
|
Which challenge does not incluce race or gender?
|
Peremptory challenge
|
|
|
Which challenge includes a limited number for each attorney?
|
Peremptory challenge
|
|
|
What is it called when prospective jurors are called to the courtroom for questioning?
|
Voir Dire
|
|
|
Who is present during Voir Dire?
|
judge, attorneys, parties
|
|
|
What is the speech given by each attorney to the judge and/or jury?
|
opening statement
|
|
|
What do the opening statements preview the case with?
|
legal position, facts to be presented
|
|
|
What are the 2 rules for opening statements?
|
all facts mentioned must be proven, if emotionally inflammatory, must be probative
|
|
|
Who presents the evidence first?
|
party with burden or proof
|
|
|
In a criminal case, who needs to prove case and how?
|
government needs to prove case beyond reasonable doubt
|
|
|
In a civil case, who needs to prove case and how?
|
plaintiff needs to prove case by preponderance of evidence
|
|
|
Who is the major source of evidence?
|
witness
|
|
|
Who conducts direct examination?
|
attorney who calls witness
|
|
|
Who conducts cross examination?
|
opposing attorney
|
|
|
What is the speech made by each attorney?
|
closing arguments
|
|
|
What have the same rules as opening statements?
|
Closing arguments
|
|
|
What do attorneys do in the closing arguments?
|
summarize and characterize evidence
|
|
|
What does the judge tells the jury during the charge?
|
relevant law and how to apply laws to the facts of the case
|
|
|
Where does the judge tell the jury the charge?
|
in open court
|
|
|
Where do the jurors discuss the case?
|
in a private room
|
|
|
What is latin for "truth spoken"?
|
verdict
|
|
|
What is the decision of the jury?
|
verdict
|
|
|
When is the verdict announced and by whom?
|
in court by jury foreperson
|
|
|
Does the verdict have to be unanimous?
|
No
|
|
|
What is the decision of the judge?
|
judgment
|
|
|
What are the two types of judgment?
|
Judgment on the verdict, judgment non obstante verdicto
|
|
|
What is the judgment when the judge agrees with the jury verdict?
|
judgment on the verdict
|
|
|
What is the judgment when the judge disagrees with the jury verdict?
|
judgment non obstante verdicto
|
|
|
Wha tis lation for "judgment despite the verdict"?
|
judgment non obstante verdicto
|
|
|
When is the judgment non obstante verdicto proper?
|
when no reasonable jury could have reached this jury's decision
|
|
|
What is a request for a new trial?
|
Motion for a new trial
|
|
|
How is the post-trial motion procedure?
|
in writing to trial judge
|
|
|
When must the post-trial motion be filed by?
|
within 10-30 days after verdict on judgment
|
|
|
What are the 4 grounds for a new trial?
|
error in law, insufficient evidence, misconduct, lost of transcript
|
|
|
Who files an appeal and when?
|
Appellant files notice of appeal with appellant court within 30 days of denial of post-trial motion
|
|
|
After the appeal is filed what 2 things happen?
|
trial judge prepares the opinion, trial judge sends the record to appellant court
|
|
|
What are the 4 contents of the record?
|
trial court opinion, transcript of trial, documentary evidence, post-trial motions
|
|
|
What does the appellant do when is notified the record has been sent?
|
files brief within 30 days
|
|
|
When does the appellee file brief?
|
within 30 days after appellant files brief
|
|
|
What is it called when the attorneys summarize their legal points?
|
oral arguments
|
|
|
Who asks questions during the oral arguments?
|
justices
|
|
|
Who may be present during the oral arguments?
|
clients
|
|
|
What are the 3 possible deciison on appeal?
|
affirm, reverse, remand
|
|
|
When can a final judgment be enforced?
|
when it is not longer appellable
|
|
|
What is the court order that commences enforcement of judgment?
|
writ of execution
|
|
|
What are the 3 contents of the writ?
|
amount of money owed, assets of defendant to be seized and sold, order that proceeds of sale be paid to plaintiff
|
|
|
What is the defendant notified of?
|
execution proceedings
|
|
|
What does the defendant claim?
|
exemptions
|
|
|
What kind of exemptions does the defendant claim?
|
pensions, homestead exmeption, contents of home, one vehicle, tools of trade, animals
|
|
|
What is the sherriff's sale?
|
sheriff auctions sezied property to highest bidder; buyer pays cash and proceeds paid to plaintiff
|
|
|
What occurs when proceeds of sale are insufficient to satisfy judgment?
|
Deficiency judgment
|
|
|
When judgment, interest and costs have been fully paid what is this called?
|
satisfaction
|
|
|
What are the six sources of American Law?
|
constitutions, statute, case law, treaty, executive order, administrative law
|
|
|
What identifies the fundamental political principles of a government?
|
consitution
|
|
|
What are the 3 constitutions of the US?
|
US Consitution, state constitutions, home rule charter of local governments
|
|
|
What is a law made by a legislative body?
|
statute
|
|
|
What is law made by a court?
|
case law
|
|
|
What courts have the power of a case law?
|
only upper level courts
|
|
|
What is a contract between two or more nations?
|
treaty
|
|
|
What is a major source of international law?
|
treaty
|
|
|
Who has the authority to make a treaty?
|
president
|
|
|
How much of the Senate must ratify the treaty?
|
2/3
|
|
|
What is a decree made by a chief executive?
|
executive order
|
|
|
What power is not granted in the constitution?
|
executive order
|
|
|
What is used to implement lawful powers?
|
executive order
|
|
|
What is law made by agencies?
|
administrative law
|
|
|
What are the two types of administrative law?
|
regulations and adjudications
|
|
|
To who do regulations apply?
|
everyone
|
|
|
Where does authority for regulations come from?
|
legislature and chief executive
|
|
|
To who do adjudications affect?
|
only parties in case but may affect future cases
|
|
|
Where does authority come from for adjudications?
|
agencry's area of expertise
|
