LAW 308-3

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schmidty427
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174555
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LAW 308-3
Updated:
2012-09-30 19:51:13
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LAW
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LAW 308 Exam Ch 3
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  1. District Courts
    trail courts of general jurisdiction that can hear and decide most legal controversies in the federal court system.
  2. Court of Appeals
    hear appeals from the district courts and review orders of certain administrative agencies
  3. 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.
  4. Special 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.
  5. 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.
  6. Trail Courts
    have general jurisdiction over all civil and criminal cases
  7. Special Trail Courts
    trail courts such as probate courts and family courts which have jurisidciton over a particular area of state law.
  8. Appellate Courts
    include one or two levels; the highest court's decisions are final except in those cases reviewed by the U.S. supreme court.
  9. Subject Matter Jurisdiction
    Authority of a court to decide a particular kind of case
  10. Federal Jurisdiction
    Exclusive Federal Jurisdiction
    federal courts have sole jurisdiction over federal crimes bankruptcy anti trust patent trademark and copywrite cases.
  11. 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
  12. Exclusive State Jurisdiction
    State courts have exclusive jurisdiction over all matters to which the federal judicial power doesnt reach
  13. Jurisdiction over the parties
    the power of a court to bind the parites to a suit
  14. In personam jurisdiction
    jurisdiction based on claims agains a person, in contrast to jurisdiction over property
  15. In Rem Jurisdicition
    jurisdiciton based onclaims against property
  16. Attachment Jurisdiciton
    jurisdiciton over a defendants property to obtain payment of a claim not related to the property
  17. Venue
    geographical area in which a lawsuit should be brought
  18. The pleadings
    series of statements that give notice and establish the issues of fact and law presented and disputed
  19. Complaint
    initial pleading by the plaintiff stating his case
  20. Summons
    notice given to inform a person of a lawsuit against her
  21. Answer
    Defendants pleadin in response to the plaintiffs complaint
  22. Reply
    plaintiffs pleading in response to defendants answer
  23. Pertrail 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 trail more efficient
  24. Judgment on Pleadings
    a final ruling in favor of one party by the judge based on the pleadings
  25. Discovery
    Right of each party to obtain evidence from the other party
  26. Pretrail Conference
    a conference between the judge and the attorneys to simplify the issues in dispute and to attempt to settle the dispute without trail.
  27. Summary Judgment
    final ruling by the judge in favor of one party based on the evidence disclosed by discovery
  28. Trail
    Determines the facts and the outcome of the case
  29. Jury Selection
    each party has an unlimited number of challenges for cause and a limited number of preemtory challenges
  30. Conduct of Trial
    consists of opening statments, direct and cross examination of witnesses and closing arguments
  31. Directed Verdict
    Final Ruling by the judge judge in favor of one party based on the evidence introduced at trial.
  32. Jury Instructions
    Judge gives the jury the particular set of rules of law that apply to the case
  33. Verdict
    the jurys decision based on those facts the jury determins the evidence proves
  34. Motions Challenging Verdict
    inlcude otions for a new trial and a motion for judgment notwithstanding the verdict.
  35. Appeal
    determines whether the trail court committed prejudicial error
  36. Enforcement
    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
  37. Arbitration
    nonjudicial proceeding in which a neutral third party selected by the disputants renders a binding decision
  38. Mediation
    nonbinding process which a third party acts as an intermediary between the disputing parties and proposes solutions for them to consider.
  39. Mini-Trial
    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.
  40. Summary Jury Trial
    mock trail followed by negotiations
  41. Negotiation
    Consentual barganing process in which the parties attempt to reach an agreement resolving their dispute without the involvment of third parties.

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