PLA 3014 Test 3 Chapters 5 and 6

record

All the evidence presented at trial, whether or not recorded.

conflict of laws/choices of laws

Also called choice of law; concerns the problem that arises when there is a question about which state's law should apply in a particular case.

trier of fact

Also called fact-finder, the entity that determines fact in a trial. In a jury trial, the jury is entrusted with fact-finding; in a bench trial, the judge necessarily must find the facts as well as make conclusions of law.

state reservation of powers

Amendment X The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

compensatory damages

Amount awarded to an injured party to make her whole; that is, in tort, to compensate for all injuries, and in contract, to put the non breaching party in the position he would have been in if the contract had been performed.

clean hands principle

An equitable maxim according to which a court of equity will refuse to provide a remedy to a petitioner who has acted in bad faith (with "unclean hands").

laches

An equitable principle roughly equivalent to a statute of limitations at common law; it prevents a party from bringing a petition (suit) when there has been an unreasonable delay in doing so.

court of last resort

Another way of referring to the supreme court of the jurisdiction involved.

commerce clause

Article I, ss 8, cl. 3, Congress power to regulate interstate trade.

appellate courts

As distinguished from trial courts, courts that function primarily to correct errors of the lower, trial courts and do not ordinarily serve as fact-finders. The two common forms of appellate courts are intermediate appellate courts, usually called courts of appeal(s), and the highest courts, usually called supreme courts.

federal question

Issues in cases arising under the Constitution, laws, and treaties of the United States, over which federal courts have subject matter jurisdiction.

punitive damages

Sometimes awarded beyond mere compensation (see compensatory damages) to punish a defendant for outrageous conduct in tort.

cases and controversies

Terms used in Article III, ss 2, of the US Constitution regarding the judicial power; the terms have been interpreted to mean that the courts have authority over real disputes between real parties, as opposed to hypothetical disputes or non adversarial parties. The courts do not answer questions about the law, but decide actual disputes.

subject matter jurisdiction

The jurisdiction of a court to hear and determine the type of case before it. For example, in Florida, election contests are heard in the circuit court but not in county court. The reference to Leon County in "the Circuit Court of Leon County" refers only to the location of the court - it is a circuit court, not a county court.

significant relationship test

The modern rule followed in a conflict-of-laws setting; it is used in both tort and contract contexts and makes the court apply the law of the state that had the most "significant relationship" to the cause of the action.

forum state

state where case is tried

plaintiff

person who files the complaint - makes claims against defendant

defendant

person who responds to the complaint - counters claims made by plaintiff

substantive due process

A theory of due process that emphasizes judging the content of a law by a subjective standard of fundamental fairness; the government may not act arbitrarily or capriciously in making, interpreting, or enforcing the law.

equal protection of the laws

A constitutional guaranty specifying that every state must give equal treatment to every person who is similarly situated or to persons who are members of the same class; this protection is a requirement of the Fourteenth Amendment, originally enacted to protect former slaves.

general subject matter jurisdiction

A court's authority to hear and decide a broad range of cases.

memorandum decision (per curiam opinion)

A court's decision that gives the ruling (what it decides and orders done) but no opinion (reasons for the decision). A memorandum opinion is the same as a per curium opinion, which is an opinion without a named author, usually a brief and unanimous decision.

limited subject matter jurisdiction

A court's restricted authority to decide only certain kinds of cases; for example, a probate court hears only cases concerning decedent's estates.

statute of limitations

A federal or state law that specifies time limits within which suits must be filed for civil and criminal actions; they vary from state to state and from action to action.

trial

A judicial examination, in accordance with the law, of a criminal or civil action. It is an "on-the-record hearing," which means the determination is to be made on the basis of what is presented in court. It is a trial of fact with judgement entered on the law.

standing

A person's right to bring a lawsuit because he or she is directly affected by the issues presented, having a stake in the outcome of the suit.

question of law

A question for the judge; that is, a question as to the appropriate law to be applied, or the correct interpretation of the law.

question of fact

A question for the jury in a jury trial or for the judge in a bench trial. Fact questions are evidentiary questions concerning who, when, where, and what.

legal remedy

A remedy under the common law, as distinguished from an equitable remedy. [money]

equitable remedy

A special remedy, such as an injection or specific performance, not available at common law. [not money]

trial court

Court of original jurisdiction where cases begin

jury instructions

Detailed directions (instructions) given by the judge to the jury about its functions in the lawsuit.

procedural due process

Due process that is concerned with the fairness of notice and hearing provided by government in the adjudication of rights and duties.

intermediate appellate court

Hear appeals from trial courts Review trial court record to determine if there have been any errors at trial that would require reversal or modification No new testimony or evidence permitted

full faith and credit

The Constitution requires that each state respect the legal pronouncements of sister states, "Full faith and credit shall be given in each State to the public acts, records, and judicial proceedings of every other State" (Article IV).

supreme law of the land

The Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States.

verdict

The fact-finding by a jury. For example, in a civil case, the jury might find the defendant liable in a dollar amount; in a criminal case, the verdict is usually guilty or not guilty of each criminal charge.

judgment

The official decision of the court about the rights and claims of each side in a lawsuit; usually a final decision after trial based on findings of fact and making conclusions of law.

appelle

The party against whom an appeal is brought.

appellant

The party bringing an appeal against the other party, the appellee.

preemption

The principle or doctrine that federal statutes that overlap or are in conflict with state statutes will take precedence and prevail (be preferred), even to the point of invalidating state statutes entirely.

appellate court substitutes its judgment

The standard of review of conclusions of law made by a lower court. The appellate court would substitute its judgement for the trail courts and possibly order a new trial.

diversity of citizenship

The subject matter jurisdiction of federal courts to hear cases between citizens of different states.

clearly erroneous

The test or standard used at the appellate level to determine if judicial fact-finding at trial constitutes prejudicial error. Highly deferential toward the trial court.

without substantive evidence

The test or standard used at the appellate level to determine if jury fact-finding at trial constitutes prejudicial error. Often used interchangeably with clearly erroneous.

federal government of enumerated powers

View of granting power to federal government from the states therefore the powers of the federal government are those enumerated in the Constitution

types of evidence

Witness testimonies, physical evidence and documents.

intermediate court

a court higher than a trial court, but below the supreme court. Sometimes referred to as a court of appeals

prejudicial, reversible, or harmful error

error that prejudice the case and would be grounds for reversal; the reversal of the judgment of the lower court.