CH 2: The Legal System in the US

If an appeal is sent to the Idaho Court of Appeals, after it issues its decision, what three options does the losing party have?

1) Accept the decision 2) File a Petition for Reconsideration asking the Court of Appeals to reconsider its decision. 3) File a Petition for Review asking the Idaho Supreme Court to review the Court of Appeals' decision.

What are the three primary ways that attorneys charge for their services?

1) By the hour (Ex: $100 per hour of work) 2) By a set fee or flat fee for a particular service (Ex: divorce, bankruptcy) 3) By a "contingent fee" (Ex: 33% of the money recovered)

What is the Court of Appeals?

A court to which appeals are taken in a federal circuit or a state; a court whose jurisdiction is to review decisions of lower courts or agencies

What is a long-arm statute?

A law that allows a court to exercise personal jurisdiction over nonresident defendants where that person has had some sort of "minimum contacts" with the forum state.

What is conflict of interest?

A situation that occurs when an attorney attempts to act for both his client and for one whose interest is adverse to that of his client

What is concurrent jurisdiction?

A type of case in which either the state or federal courts would have jurisdiction

What is a retainer?

An advance payment to secure the services of a lawyer; safeguards the attorney against doing a considerable amount of work and then having the client refuse to pay

What is attorney-client privilege?

An attorney may not disclose to anyone confidential statements made to him or her by the client

What is subject matter jurisdiction?

Certain courts have been given power over specific subjects and they may not hear cases that do not involve that particular subject (Juvenile courts, probate courts, trial courts involving cases with certain amounts of money or types of criminal charges)

What type of court is at the second level of the Idaho court system and hears both trial and appellate cases?

District Court

What is "The American Rule"

Each party in a lawsuit normally pays his or her own lawyer, whether the case is won or lost

Idaho is in the 10th circuit of the 13 U.S. Circuit Courts of Appeal. T/F?

False; Idaho is in the 9th Circuit, so appeals from Idaho District Court go to the 9th Circuit Court of Appeals.

On top of personal jurisdiction, one of what two other jurisdiction requirements must be met in order to file a case in federal court?

Federal Question Jurisdiction or Diversity Jurisdiction

What is federal question jurisdiction?

Federal jurisdiction based on the fact that the case involves an issue of federal law; Exists if the plaintiff's case involves a claim "arising under" any federal law or the U.S. Constitution

What is diversity jurisdiction?

Federal jurisdiction based on the fact that the parties live in different states, and the case involves $75,000 or more

Why would a person file for a Writ of Certiorari?

If they would like the U.S. Supreme Court to hear their particular case; also known as a Writ of Cert

What is a name for the lowest level of the Idaho court system, where a case is first heard?

Magistrate Court

In Idaho, where are cases sent if a party would like to appeal the decision of the District Court?

The Idaho Supreme Court, which then decides whether it or the Court of Appeals will hear the appeal.

What is a venue?

The particular court location within a specific court system, where a case should be heard

What is an appellant?

The party who appeals a case to a higher court, after a trial court decision

What is an appellee?

The party who is defending the lower court decision in an appellate court; also referred to as the "respondent"

What is jurisdiction?

The power of a particular court to hear and decide a case

What is personal jurisdiction?

The power of the court over the parties; Generally courts located in one state have power over those defendants whose home is in that state. Personal jurisdiction over the plaintiff is typically not an issue because the plaintiff has chosen that particular court and therefore consented to jurisdiction by filing his/her lawsuit there.

What is the concept of standing (in the court system)?

The requirement that one or more of the plaintiffs in a case show that they have actually suffered some direct effect or loss due to the defendant's actions

One party cannot appeal a state trial court decision to a federal court of appeals. T/F?

True. One party cannot appeal a state trial court decision to a federal court of appeals.

When are new witnesses/evidence presented in the Court of Appeals?

Typically never

What is the hierarchical structure of the federal court system?

U.S. Magistrate Court --> U.S. District Court --> U.S. Court of Appeals --> U.S. Supreme Court

In order for a court to properly hear a case, it must have ___________ and __________ jurisdiction

subject matter, personal