B-Law Chapter 3

Challenges for cause

A claim that a juror has demonstrated probable bias. Occurs during voir dire.

United States Courts of Appeals

These are the intermediate ____________. They are divided into circuits (there are 11 numbered circuits), hearing appeals from district courts.

Trial Courts of General Jurisdiction

These courts can hear a very broad range of cases. The most important one of these courts is the General Civil Division.

Trial Courts of Limited Jurisdiction

These courts may hear only certain types of cases. Eg. Small claims court has jurisdiction only over civil lawsuits involving a maximum of say $5,000 (the amount varies state to state).

Mediation

This is the fastest growing method of ADR in the U.S. Here a neutral person, called a mediator, attempts to guide the two disputing parties toward a voluntary settlement. Generally, the two disputants voluntarily enter mediation. A mediator does not render a decision in the dispute. Of all forms of ADR, this probably offers the strongest "win-win" potential.

U.S. Supreme Court

This is the highest court in the country. There are 9 justices on the court. One justice is chief justice and the other eight are associate justices.

State Supreme Court

This is the highest court in the state, and it accepts some appeals from the court of appeals. It takes briefs and hears oral arguments as the appeals court did.

U.S. District Court

This is the primary trial court in the federal system. The U.S. is divided into about 94 districts and each one has a __________.

Depositions

This provides a change for one party's lawyer to question the other party, or a potential witness, under oath.

cross-examine

To ask questions of an opposing witness.

Options of the Appeals Court

1. Affirm 2. Modify 3. Reverse and Remand 4. Reverse

Personal jurisdiction (generally) exists if:

1. Fore individuals, the defendant is a resident of the state in which the lawsuit is filed. For companies, the defendant is doing business in that state. 2. The defendant takes a formal step to defend a lawsuit. Most papers filed with a court count as formal steps, but special appearances do not. 3. A summons is served on the defendant 4. A long-arm statute applies (if all else fails)

The most important forms of discovery

1. Interrogations 2. Depositions 3. Production of Documents and Things 4. Physical and Mental Examination 5. E-discovery 6. Other discovery

2 methods of dispute resolution

1. Litigation 2. Alternative dispute resolution

Types of alternate dispute resolution

1. Mediation 2. Arbitration

2 types of jurisdiction

1. Subject-matter jurisdiction 2. Personal jurisdiction

What happens in an appeals court

1. briefs 2. Oral argument (15 min)

Federal question case

A case in which the claim in based on the U.S. constitution, a federal statute, or a federal treaty.

Arbitration

A form of ADR where the parties agree to bring in a neutral third party, but with a major difference; the arbitrator has the power to impose an award. The arbitrator allows each side equal time to present its case and, after deliberation, issues a binding decision, generally without giving reasons. Unlike mediation, ________ ensures that thre will be a final result, although the parties lose control of the outcome. This method permits both sides to keep secret many files that would have to be divulged in a court case, potentially depriving the opposing side of valuable evidence. Eg. Judge Judy and similar TV court shows

motion to compel answers to interrogatories

A formal request that the court order the other party to supply more complete answers. Occur during discovery.

Judgment non obstante veredicto (JNOV)

A judgment nonwithstanding the jury's verdict. Judge overturns the jury's verdict. Very few of these are every passed. It is a motion that occurs after the verdict.

harmless error

A mistake by the trial judge that was too minor to affect the outcome.

Complaint

A part of court pleadings. A short, plain statement of the facts alleged and the legal claims made. The purpose of the _______ is to inform the defendant of the general nature of the claims and the need to come into court and protect his interests.

motion

A party can ask the court for a judgment based simply on the pleadings themselves. This is a formal request to the court that the court take some step or issue some order. Occurs during pleading

writ of certiorari

A petition asking the Supreme Court to hear a case. 4 of the 9 justices must petition for this in order to hear the case.

motion to dismiss

A request that the court terminate a case without permitting it to go further. Will happen on the pleadings. Few cases are dismissed on the pleadings. Occurs during pleading

Summary judgment

A ruling by the court that no trial is necessary because some essential facts are not in dispute. When discovery is completed, both sides may consider this.

directed verdict

A ruling that the plaintiff has entirely failed to prove some aspect of her case. This is permissible only if the evidence so clearly favors the defendant that reasonable minds could not disagree on it. Occurs at the close of the plaintiff's case, before the defendant has presented their case.

Long arm statute

A statute that gives a court jurisdiction over someone who commits a tort, signs a contract, or conducts "regular business activities" in the state. A court will order this will all the other steps for personal jurisdiction fail Courts tend to apply these aggressively, hauling the defendant into the courtroom.

memorandum

A supporting argument

Adversary System

A system where the two contesting sides present the strongest case possible to a neutral factfinder. Each side presents its witnesses and then the opponent has a chance to cross-examine. This system presumes that by putting a witness on the stand and letting both lawyers question her, the truth will emerge.

General Civil Division

A trial court of general jurisdiction. This court may hear virtually any civil lawsuit. Most of the cases we will study will begin in this court.

Appellate Courts

A type of court. Three or more judges hear the case. There are ALWAYS NO JURIES. These courts do not hear witnesses or take new evidence. They hear appeals of cases already tried below. These courts generally accept the facts given to them by trial courts and review the trial record to see if the court made errors of law.

Subject-matter jurisdiction

A type of jurisdiction that means that a court has the authority to hear a particular type of case.

Trial Courts

Almost all cases start here. There is one judge and will often (not always) be a jury. This is the only court to hear testimony from witnesses and receive evidence. These courts determine the facts of a particular dispute and apply to those facts the law given by earlier appellate court decisions. **Facts are very important

reply

An answer to the counter-claim

Alternative dispute resolution

Any other formal or informal process used to settle disputes without resorting to a trial. It is increasingly popular with corporations and individuals because it is cheaper and faster than litigation.

error of law

Because of this, the appeals court may require a new trial.

Stinton v. Robin's Wood, Inc.

Ethel Flanzraich slipped and fell and broke her left leg and arm while on the steps of a property owned by Robin's wood. He sued, claiming that Robin's Wood caused the fall because its employee, Athony Monforte, had poorly painted the stairs. Robin's wood denied all significant allegations. During the deposition, the employee did not show up. Deposition rescheduled and employee still did not show up. One year after the original deposition date, Ethel moved to strike, meaning she would win by default. Robin's Wood said they no longer employed that employee. Judge granted the motion to strike. SC agreed on this decision.

diversity jurisdiction

Even if no federal law is at issue, federal courts have _______________, which is when: 1. The plaintiff and defendant are citizens of different states 2. When the amount in dispute exceeds $75,000

default judgment

If the defendant fails to answer the complaint/a summons in time, the plaintiff will ask for this. In this, the judge accepts every allegation in the complaint as true and renders a decision that the plaintiff wins without trial. Occurs during pleading

burden of proof

In civil cases, the plaintiff has the _________. Means that the plaintiff must convince the jury that its version of the case is correct; the defendant is not obligated to disprove the allegations.

International Shoe Co v. State of Washington

International Shoe Co. only manufactured shoes in St. Louis Missouri, but it sent about a dozen salespeople to Washington. The salespeople rented out space in hotels and businesses, displayed sample products and took orders. Washington State sought to collect contributions to the state unemployment fund and International Shoe Co. refused. Made it to the supreme court and the court ruled that they should pay for the unemployment funds.

Right to Jury Trial

Not all cases are entitled to a jury. As a general rule, both plaintiff and defendant have a right to demand a jury trial when the lawsuit is one for money damages.

reversed

Nullified

in camera inspection

One device a judge can use in reaching a discovery ruling. This is when the judge views the requested documents alone, with no lawyers present, and decides whether the other side is entitled to view them.

Modify

One of the options of the appeals court. It affirms the outcome but with changes.

affirm

One of the options of the appeals court. It can allow the decision to stand.

Reverse and Remand

One of the options of the appeals court. It nullifies the lower decision and returns the case for reconsideration or retrial

Reverse

One of the options of the appeals court. It nullifiesthe lower decision with no new trial.

Class action

One plaintiff represents the entire group of plaintiffs, including those who are unaware of the lawsuit or even unaware they were harmed.

Pereda v. Parajon (2007)

Parajon sued Pereda for injuring her in a car accident. During voir dire, Parajon's lawyer asked a series of questions related to the case. Lisa Berg, a prospective juror who was a lawyer did not respond. She ended up on jury and awarded Parajon $450,000 in damages. Berg later admitted she had been injured in a car accident and sued. Resulted in a new trial.

Affirmed

Permitted to stand

jurisdiction

Refers to a court's power to hear a case. In a state or federal court, a plaintiff may start a lawsuit only in a court that has jurisdiction over that kind of case. Some courts have very limited jurisdiction, while others have the power to hear almost any case.

motion for a protective order

Request that the court limit discovery. Parties are, however, entitled to discover anything that could reasonably lead to valid evidence. Occurs during discovery

Counter-claim

Sometimes a defendant does more than merely answer a complaint and files this. This is a second lawsuit by the defendant against the plaintiff.

briefs

The court of appeals allows both sides to submit written arguments on the case, called this.

Summons

The court's written notice that a lawsuit has been filed against the defendant.

Pleadings

The documents that begin a lawsuit, consisting of the complaint, the answer and sometimes a reply. Consist of a complaint, answer and sometimes a reply.

Beyond a reasonable doubt

The government's burden in a criminal prosecution. The government must demonstrate ________________ that the defendant is guilty. The burden in proof in a criminal case is much tougher because the likely consequences are too.

law of evidence

The lawyers are not free simply to ask any question they want. The _______________ determines what questions a lawyer may ask and how the questions are to be phrased, what answers a witness may give, and what documents may be introduced. The goal is to get the best evidence possible before the jurors so they can decided what really happened.

Personal jurisdiction

The legal authority to require the defendant to stand trial, pay judgments and the like. Eg. When plaintiffs file lawsuits, defendants sometimes make a special appearance to challenge a court's _________.

appellant

The party filing the appeal

appellee

The party opposing the appeal (because it won the trial)

deponent

The person being questioned in a deposition is called this.

Preponderance of the evidence

The plaintiff's burden in a civil lawsuit is to prove the case by this. It must convince the jury that its version of the facts is at least slightly more likely than the defendant's version. (51-49 persuasion)

Discovery

The pre-trial opportunity for both parties to learn the strengths and weaknesses of the opponent's case. The step in a trial after the pleadings. The theory behind civil litigation is that the best outcome is a negotiated settlement and that parties will move toward agreement if they understand the opponent's case. That is likeliest to occur if both sides have the opportunity to examine most of the evidence the other side will bring to the trial.

litigator

The process of filing claims in court and ultimately going to trial.

Voir Dire

The process of selecting a jury. Means "to speak the truth" The court's goal is to select an impartial jury: the lawyers will each try to get a jury as favorable to their side as possible.

Peremptory challenges

The right to excuse a juror for virtually any reason, which need not be stated in court.

State court system

The typical ________________ forms a pyramid. Some states have minor variations but they are generally as follows 3. Trial Courts 2. Appeal Courts 3. State Supreme Court

Jones v. Clinton (1998)

When Clinton became President, Jones sued him, saying that he sexually harassed her. Clinton denied all of the allegations, and also filed for summary judgment, claiming that Jones had not alleged facts that justified a trial. Jones opposed the motion. It was later determined that Clinton was entitled to summary judgment.

direct examination

When a lawyer asks questions to her own witness.