trail courts of general jurisdiction that can hear and decide most legal controversies in the federal court system.
Court of Appeals
hear appeals from the district courts and review orders of certain administrative agencies
The Supreme Court
the nations highest court, whose principal function is to review decisions of the federal court of appeals and the highest state courts.
have jurisdiction over cases in a partiular area of federal law and inlcude the U.S. court of Federal Claims, the U.S. tax court, the U.S. Bankrupcy court, and the U.S. court of appeals for the federal circut.
Inferior Trail courts
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.
have general jurisdiction over all civil and criminal cases
Special Trail Courts
trail courts such as probate courts and family courts which have jurisidciton over a particular area of state law.
include one or two levels; the highest court's decisions are final except in those cases reviewed by the U.S. supreme court.
Subject Matter Jurisdiction
Authority of a court to decide a particular kind of case
Federal Jurisdiction Exclusive Federal Jurisdiction
federal courts have sole jurisdiction over federal crimes bankruptcy anti trust patent trademark and copywrite cases.
Federal Jurisdiction Concurrent Jurisdiction
Authority of more than one court to hear the same case; state and federal courts have concurrent jurisdiciton over (1) federal question cases - consitution statutes treaties - that dont involve exclusive federal jurisdiction
(2) diversity of citizenship cases invilving more than 75,000
Exclusive State Jurisdiction
State courts have exclusive jurisdiction over all matters to which the federal judicial power doesnt reach
Jurisdiction over the parties
the power of a court to bind the parites to a suit
In personam jurisdiction
jurisdiction based on claims agains a person, in contrast to jurisdiction over property
In Rem Jurisdicition
jurisdiciton based onclaims against property
jurisdiciton over a defendants property to obtain payment of a claim not related to the property
geographical area in which a lawsuit should be brought
series of statements that give notice and establish the issues of fact and law presented and disputed
initial pleading by the plaintiff stating his case
notice given to inform a person of a lawsuit against her
Defendants pleadin in response to the plaintiffs complaint
plaintiffs pleading in response to defendants answer
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 trail more efficient
Judgment on Pleadings
a final ruling in favor of one party by the judge based on the pleadings
Right of each party to obtain evidence from the other party
a conference between the judge and the attorneys to simplify the issues in dispute and to attempt to settle the dispute without trail.
final ruling by the judge in favor of one party based on the evidence disclosed by discovery
Determines the facts and the outcome of the case
each party has an unlimited number of challenges for cause and a limited number of preemtory challenges
Conduct of Trial
consists of opening statments, direct and cross examination of witnesses and closing arguments
Final Ruling by the judge judge in favor of one party based on the evidence introduced at trial.
Judge gives the jury the particular set of rules of law that apply to the case
the jurys decision based on those facts the jury determins the evidence proves
Motions Challenging Verdict
inlcude otions for a new trial and a motion for judgment notwithstanding the verdict.
determines whether the trail court committed prejudicial error
plaintiff with an unpaid judgment may resort to a writ of execution to have a sheriff seize property of the defendants and to garnishment to collect money owed to the defendant by a third party
nonjudicial proceeding in which a neutral third party selected by the disputants renders a binding decision
nonbinding process which a third party acts as an intermediary between the disputing parties and proposes solutions for them to consider.
nonbinding 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.
Summary Jury Trial
mock trail followed by negotiations
Consentual barganing process in which the parties attempt to reach an agreement resolving their dispute without the involvment of third parties.