CHAPTER 3: COURTS AND ALTERNATIVE DISPUTE RESOLUTION

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

MEDIATION

A motion for the judge to take the decision out of the hands of the jury and to direct a verdict for the party making the motion on the ground that the other party has not produced sufficient evidence to support their claim:

MOTION FOR A DIRECTED VERDICT

A motion asserting that the trial was so fundamentally flawed that a new trial is necessary to prevent a miscarriage of justice:

MOTION FOR A NEW TRIAL

A motion requesting the court to grant judgment in favor of the party making the motion on the ground that the jury's verdict against them was unreasonable and erroneous:

MOTION FOR JUDGMENT N.O.V.

A motion by either party at the close of the pleadings requesting the court to decide the issue solely on the pleadings without proceeding to trial: * motion is granted only if no facts are in dispute

MOTION FOR JUDGMENT ON THE PLEADINGS

The minimum-contacts requirement is usually met if the corporation:

(1) advertises or sells its products within the state (2)places its goods into the "stream of commerce" with the intent that the goods be sold in the state

The federal court system is basically a three-tiered model consisting of:

(1) district courts (trial courts-general jurisdiction) (2) courts of appeals (intermediate courts of appeal) (3) supreme court

The complaint contains a statement alleging:

(1) facts necessary for court to take jurisdiction (2) summary of facts necessary to show that the plaintiff is entitled to relief (a remedy) (3) statement of the remedy the plaintiff is seeking

Federal courts have subject-matter jurisdiction in two situations:

(1) federal questions (2) diversity of citizenship

State trial courts have either:

(1) general (unlimited) jurisdiction (2) limited jurisdiction

What are three alternative methods of resolving disputes:

(1) negotiation (2) mediation (3) arbitration

The "pleadings" of a state court case:

(1) plaintiff's complaint (2) service and summons of process (3) defendant's answer (4) motion to dismiss

The "pretrial motions" in a state court case:

(1) pretrial motions (2) discovery (3) pretrial matters

The two most fundamental ways to have your case heard in a supreme court are:

(1) state courts: appeals of rights (2) supreme court: by write of certiorair

In developing the sliding-scale standard, the courts have identified three types of internet business contacts:

(1) substantial business conducted over the internet * (jurisdiction is proper), (2) some interactivity through a website * (jurisdiction may or may not be appropriate), (3) passive advertising * (jurisdiction is improper)

Diversity jurisdiction has two requirements:

(1) the plaintiff and defendant must be residents of different states, (2) the dollar amount in controversy must exceed $75,000

A state court system will include several levels (tiers) of courts:

(1) trial courts of limited jurisdiction (2) trial courts of general jurisdiction (3) appellate courts (4) the supreme court (state's highest court)

What are the three main differences between a trial court and an appellate court:

(1) witnesses and exhibits (2) judges (3) juries

How and when was the power of judicial review established|:

* Was established in the Supreme Court's decision in the case of Marbury v. Madison where Chief Justice Marshall wrote: * "It is emphatically the province and duty of the judiciary to say what the law is...."

Methods to resolve disputes that are inexpensive, relatively quick and leave more control with the parties involved: * excludes traditional judicial process

ALTERNATIVE DISPUTE RESOLUTION (ADR)

A defendant's response to the plaintiff's complaint:

ANSWER

Courts that review trial courts proceedings to determine whether the trial was according to the procedural and substantive rules of law: * generally consider questions of law (not of fact)

APPELLATE (REVIEWING) COURTS

Authority of a court to review a prior decision in the same case made by another court:

APPELLATE JURISDICTION

A more formal method of ADR by submitting a dispute to a disinterested third party (other than a court), who renders a decision:

ARBITRATION

A clause in a contract that provides that, in the event of a dispute, the parties will submit the dispute to arbitration rather than litigate the dispute in court:

ARBITRATION CLAUSE

The monetary ($) compensation given to a party at the end of a trial:

AWARD

A federal court of limited jurisdiction that handles only bankruptcy proceedings, which are governed by federal bankruptcy law:

BANKRUPTCY COURT

A case decided by a judge without the assistance of a jury:

BENCH JURY

A written summary or statement prepared by one side in a lawsuit to explain its case to the judge:

BRIEF

The pleading made by a plaintiff alleging wrong-doing on the part of the defendant * initates a lawsuit when filed with a court

COMPLAINT

Jurisdiction that exists when two different courts have the power to hear a case:

CONCURRENT JURISDICTION

Corporation advertises or sells products with a state:

CORPORATE CONTACTS

A claim made by a defendant in a civil lawsuit against the plaintiff: * initates a lawsuit when filed with a court

COUNTERCLAIM

A judgment entered by a court against a defendant who has failed to appear in court to answer or defend against the plaintiff's claims:

DEFAULT JUDGMENT

A sworn testimony by a party to the lawsuit or any witness:

DEPOSITION

A method by which the opposing parties obtain information from each other to prepare to trial:

DISCOVERY

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

DIVERSITY OF CITIZENSHIP

The list of cases entered on a court's calendar and thus scheduled to be heard by the court:

DOCKET

A type of evidence that consists of all computer-generated or electronically recorded information:

E-EVIDENCE

Jurisdiction that exists when a case can be heard only in a particular court or type of court:

EXCLUSIVE JURISDICTION

A question that pertains to the US constitution, an act of Congress, or a treaty and provides a basis for federal jurisdiction is a case:

FEDERAL QUESTION

The Court of Appeals for the Thirteenth Circuit, called the _______, has national appellate jurisdiction over certain types of cases involving patent law and when the government's a defendant:

Federal Circuit

The power to decide issues relating to property, whether the property is real, personal, tangible, or intangible:

IN REM JURISDICTION

Written questions for which written answer are prepared and then signed under oath: * are directed to a party to the lawsuit, not a witness

INTERROGATORIES

The process by which a court decides on the constitutionality of legislative enactments and actions of the executive branch:

JUDICIAL REVIEW

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

JURISDICTION

A controversy that is not hypothetical or academic but real and substantial: * a requirement that must be satisfied before a court will hear a case

JUSTICIABLE CONTROVERSY

The process of working a lawsuit through the court system:

LITIGATION

A state statute that permits a state to exercise jurisdiction over 'nonresident defendants':

LONG ARM STATUTE

A motion based on evidence outside the pleadings that requesting the court to enter a judgment without proceeding to trial: * motion is granted only if not facts are in dispute

MOTION FOR SUMMARY JUDGMENT

A pleading in which a defendant admits the facts as alleged by the plaintiff but asserts that the plaintiff's claim to state a cause of action has no basis in law:

MOTION TO DISMISS

Parties attempt to settle their dispute informally, with or without attorneys to represent them:

NEGOTIATION

The resolution of disputes with the assistance of organizations that offer dispute-resolution services via the internet:

ONLINE DISPUTE RESOLUTIONS (ODR)

Authority of a court to hear and decide a dispute involving the "particular parties" before it:

PERSONALJURISDICTION

Statements that inform each party of the other's claims and specify the issues involved in the case:

PLEADINGS

Informal discussion between the judge and opposing counsel and plan the course of the trial: * explore the possibility of a settlement or identify the real issues in dispute

PRETRIAL CONFERENCE

A state court of limited jurisdiction that conducts proceedings relating to the settlement of a deceased person's estate: * matters like custody and guardianship of children

PROBATE COURT

An issue that deals with what really happened in regard to the dispute being tried, and not what the law is on a given point: * ex: whether a party actually burned a flag

QUESTION OF FACT

An issue involving the application or interpretation of a law: * ex: whether flag-burning is a form of speech protected by the first amendment

QUESTION OF LAW

A plaintiff's response to a defendant's answer:

REPLY

A rule under which the Court will not issue a writ unless at least four of the justices approve:

RULE OF FOUR

The courts have developed a _______ standard for determining when the exercise of jurisdiction over an out-of-state defendant is proper:

SLIDING-SCALE

Inferior trial courts that hear only civil cases involving claims of less than a certain amount (usually $5,000): * conducted informally, lawyers not required

SMALL CLAIMS COURT

The legal requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit:

STANDING TO SUE

Limitation on the types of cases a court can hear, usually determined by federal or state statutes: * ex: bankruptcy cases, family cases, criminal cases

SUBJECT MATTER JURISDICTION

A method of settling disputes by holding a trial where the jury's verdict is not binding but instead guides the parties toward reaching an agreement during the mandatory negotiations that immediately follow:

SUMMARY JURY TRIAL (SJT)

Document informing a defendant that a legal action has been commenced against them and that the defender must appear in court on a certain date to answer the plaintiff's complaint:

SUMMONS

The state's highest court is often called the _______:

Supreme Court

Any court having original jurisdiction is normally known as a:

TRIAL COURT

Courts where cases are originally filed and tried: * where it allllll begins

TRIAL COURTS

The equivalent of a state trial court of general jurisdiction at the federal level:

U.S. DISTRICT COURTS

The geographic district in which a legal action is tried and from which the jury is selected:

VENUE

Part of the jury selection process in which the attorneys question prospective jurors about their backgrounds, attitudes, and biases to ascertain whether they can be impartial jurors:

VOIR DIRE

An order from the supreme court asking a lower court to send the record of a case for review:

WRITE OF CERTIORARI

Any lawsuit involving _______, such as a person's rights under the US Constitution, can originate in a federal court:

a federal question

What is discovery:

a phase in the litigation process during which the opposing parties may obtain information from each other and from third parties prior to trial

Cases can be brought before _______ courts only on appeal from an order or a judgment of a trial court or other lower court:

appellate

_______ courts are where unsuccessful litigants may appeal the trial court's ruling:

appellate courts

Trial courts that have general jurisdiction as to subject matter may be called:

county, district, superior, or circuit courts

In the federal court system, the _______ are trial courts:

district courts

U.S. _______ have original jurisdiction in federal matters:

district courts

How does electronic discovery differ from traditional discovery:

electronic documents present unique opportunities for obtaining information and special problems during document production

_______ courts have exclusive jurisdiction in cases involving federal crimes, bankruptcy, patents, and copyrights: * also in suits against the US and in some areas of admiralty law

federal

The federal courts of appeals for twelve of the circuits, including the District of Columbia, hear appeals from the _______ located within their respective judicial circuits:

federal district courts

A federal court will apply federal law in cases involving _______ but federal courts will apply the relevant state law in a case based on _______:

federal questions diversity of citizenship

Are there sufficient minimum contacts if the defendant's only connection to a jurisdiction is an ad on a Web site originating from a remote location:

in cyberspace, a firm should attempt to comply with the laws of any jurisdiction in which it targets customers * the minimum-contact standard can apply in an international context

A court can exercise jurisdiction over property that is located within its boundaries, this type of jurisdiction is known as:

in rem jurisdiction

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

long arm statute

Courts apply the _______ test to determine if they can exercise jurisdiction over out-of-state corporations:

minimum-contacts

Courts having _______ are courts of the first instance:

original jurisdiction

Before a court can hear a case, it must have jurisdiction. Over what must it have jurisdiction:

over the person against whom the case is brought or the property at issue and the subject matter involved in the case

A corporation is subject to _______ jurisdiction in the state in which it is incorporated, has its principal office, and is doing business:

personal

A court can exercise _______ over any person or business that resides in a certain geographic area:

personal jurisdiction

A state may exercise _______ over a nonresident defendant who is sued for breaching a contract that was formed within the state, even if that contract was negotiated over the phone or through correspondence:

personal jurisdiction

An example of a state court of limited jurisdiction is a _______ and of a federal court of limited jurisdiction is a _______:

probate court bankruptcy court

The _______ amendment guarantees the right to jury trial in federal cases if the amount in controversy exceeds $20:

seventh

How are the courts applying traditional jurisdictional concepts to cases involving internet transactions:

some courts have instituted cyber courts, where cases involving internet transactions can also be tried online.

_______ courts have exclusive jurisdiction over all matters not subject to federal jurisdiction, divorce, and adoption:

state

Courts of general jurisdiction that have jurisdiction over a wide variety of subject are called: * including both civil disputes and criminal prosecutions

state trial courts

Before exercising long arm jurisdiction over a nonresident, the court must be convinced that the defendant had _______ with the state to justify the jurisdiction:

sufficient/minimum contacts

What is 'judicial review':

the process by which a court decides on the constitutionality of legislative enactments and actions of the executive branch

_______ is concerned with the most appropriate physical location for a trial:

venue