Ch 4 judicial system

Most states permit what ?

A less than unanimous verdict in civil cases. 5 jurors on 6 with agreement.

Hey Jerry represents what

A trial by peers and a cross-section of opinions from the public

Lock and Troy

Appeal review may be permitted to resolve the controlling question of law before the case itself is actually decided

Why was sufficient minimum contacts rule started

Because nonresident defendants can avoid being served with in the form of the state

Conflict of law rule is also known as what

Choice of law rule

Although states have developed their own structures substantive law's rules and procedures there's an underlying what

Common law heritage

Legislature also creates trial courts to exercise original subject matter

Common pleas District Court Superior Court circuit court and the trial division of Supreme Court

The various states of the United States have exercise this power either by the

Constitutional provisions or by statutory enactmeant

A special verdict discourages what

From determining the cases outcome but deciding which party they would like to see win the lawsuit

Trial courts are classified by what

Function. There are trial courts an appllate

What are the three types of verdicts in civil cases

General special and combination/hybrid

Trial courts

Here and decide controversies by determining fax and applying appropriate rules

General verdict

Indicates whether it's fines for the plaintiff work for the defendant

What is the benefit of the jury process

It allows citizens to participate in the legal process

In REM jurisdiction

Jurisdiction over property

Personal jurisdiction In personam

Jurisdiction over the person of the plaintiff and defendant

Subject matter jurisdiction

Jurisdiction when the power is over a subject matter of the case

Subject matter jurisdiction in state court

Legislatures in coordinates with the constitution have the right to allocate workloads through judicial systems legislation create special trial courts such as land Court probate court juvenile

The right to trial by jury provides what ?

Litigants the choice of trying the case to a single judge or jury of peers

Long arm statute

Permit the exercise of personal jurisdiction over nonresident defendants who have sufficient minimum contact with the state

Venue

Requirements determine the place where judicial authority should be exercised

Appelllate courts

Review decisions of trial courts

The appeals court

Reviews cases of lower courts to determine if the trial court acted in coordinates with the law

A special verdict is used to focus on what

The Jerry's attention on the evidence and factual disputes with in a case

Original jurisdiction

The courts power to take the lawsuit in its beginning try it and pass judgment

Courts

The governed body and powered to resolve disputes

Special verdict

The jury answers to specific questions related to most Porten and factual issues in the case

Unless party stipulate otherwise the rule and federal civil trials is what

The jury verdict must be unanimous

Very few cases go to trial they are usually settled outside of the courtroom based on what

The lawyers perception of what would happen if the case were tried

The primary function of trial courts is to exercise what

The original jurisdiction

Jurisdiction

The power of authority of a court to determine the merits of the dispute to grant relief

In a criminal case the defendant usually appeals

The prosecution generally does not

Lex loci delicti commissi

There's additional approach and tort cases, is to apply the law of the place where the wrongs committed

Appeals court bases its decisions on

Thierry argued and evidence presented in the lower court there are no witnesses or jurors the court does not retry the facts of the case there are no new arguments

And appeal can only be taken from a lower courts judgment

True

Appeals strictly looks at the record of proceedings and written briefs and parties arguments

True

Courts are reactive institutions

True

Do United States has a separate judicial system for each of the states

True

Federal and state courts are separate

True

In a civil action any dissatisfied party generally may appeal to the higher appeals court

True

The courts function off of hierarchal structure's

True

the Power to create courts in every Sovereignty

True

Erie doctrine

US Supreme Court decided that federal questions are governed by federal law. One of the most important judicial policies ever adopted by the US Supreme Court

Conflict of laws

When the facts of the case under consideration have occurrd in more than one state or country . the court must make a choice between the laws of different states or nations to resolve the conflict

When the juries verdict is submitted the jury decides what?

Who wins and with the recovery will be