LAW 308-3

trail courts of general jurisdiction that can hear and decide most legal controversies in the federal court system.

hear appeals from the district courts and review orders of certain administrative agencies

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.

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

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.

Authority of a court to decide a particular kind of case

federal courts have sole jurisdiction over federal crimes bankruptcy anti trust patent trademark and copywrite cases.

• 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

State courts have exclusive jurisdiction over all matters to which the federal judicial power doesnt reach

the power of a court to bind the parites to a suit

jurisdiction based on claims agains a person, in contrast to jurisdiction over property

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

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

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

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.

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.