Chapter 3

Marbury v. Madison

1803 the first U.S. Supreme Court case to apply the principle of "judicial review" -- the power of federal courts to void acts of Congress in conflict with the Constitution. Written by Chief Justice John Marshall, the decision played a key role in making the Supreme Court a separate branch of government on par with Congress and the executive.

Diversification of Citizenship

A basis for federal court jurisdiction over a lawsuit between citizens of different states and countries.

Summons

A document informing a defendant that legal action has been commenced against him/her and that the defendant must appear in court on a certain date to answer the plaintiff's complain. (Summons to court)

Federal Question

A question that pertains to the U.S. Constitution, an act of Congress, or a treaty and provides a basis for federal jurisdiction in a case.

Interrogatories

A series of written questions for which written answers are prepared by a party to a lawsuit

Jurisdiction over Persons or Property

AKA "in personam" jurisdiction Power of a court to compel the presence of the parties (including corporations) to a dispute to appear before the court and litigate.

Federal Jurisdiction

Because the federal government is a government of limited powers, the jurisdiction of the federal courts is limited.

Counterclaim

Claim made by a defendant in a civil lawsuit against the plaintiff.

Exclusive Jurisdiction

Jurisdiction that exists when a case can be heard only in a particular court or type of court. Example: when cases can be tried only in federal courts or only in state courts

Concurrent Jurisdiction

Jurisdiction that exists when two different courts have the power to hear a case. Example: When both federal and state courts have the power to hear a case, as is true in lawsuits involving diversity of citizenship.

Following a State Court Case

Pleadings - Summons & Complaint and Answer, Counterclaim Discovery - Deposition and Interrogatories Appeals - Affirmed, Reversed, Remanded ADR - basic differences between negotiation, meditation, arbitration and trial

Pleadings

Statements by the plaintiff and the defendant that detail the facts, charges, and defenses of a case.

Jurisdiction

The authority of a court to hear and decide a specific case.

Standing (to Sue)

The legal requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit (to court).

Complaint

The pleading made by a plaintiff alleging on the part of the defendant. When filed with a court, the complaint initiates a lawsuit.

Deposition

The testimony of a party to a lawsuit or a witness taken under oath before trial.

Long arm statute

Under the authority of the long arm statute, a court can exercise personal jurisdiction over certain out-of-state defendants based on activities that took place within the state.

Jurisdiction over Subject Matter

a limitation on the types of cases a court can hear.

Arbitration

a more formal method of ADR, an arbitrator hears a dispute and imposes a resolution on the parties.

Mediation

a neutral third party acts as a mediator and works with both sides in the dispute to facilitate a resolution

Minimum Contacts

a term used in the United States law of civil procedure to determine when it is appropriate for a court in one state to assert personal jurisdiction over a defendant from another state

Appeals process

includes the pleadings, the trial-transcript, the judge's rulings on motions made by the parties, and other trial-related documents.

Jurisdiction over Persons or Property/ Subject Matter

p. 62 - 63

Negotiation

the simplest form of ADR, in which the parties attempt to settle their dispute informally, with or without attorneys present.

Affirmed

to approve the court's decision

Reversed

to change (reverse) the trials court's judgement if it concludes that the trial court erred or that the jury did not receive proper instructions

Remanded

to send back the case to the trial court for further preceedings

Venue

where does it make the most sense to hold the case. Example: two state courts may have the authority to exercise jurisdiction over a case, but it may be more appropriate or convenient to hear the case in one court than in the other.