Legal Ch2

How do appellate courts differ from trial courts?

Appellate courts do not hear testimony of witnesses and no introduction of new exhibits.

What does personal jurisdiction refer to?

Authority over the person

What is ESI and give examples?

ESI is Electronically Stored Information. Web pages, word processing files, emails, databases stored in the memory of computers, magnetic disks (hard drives or floppy disks), optical discs, DVDs, CDs, flash drives, and backup files.

Explain physical or mental examinations.

If the physical or mental health of the Plaintiff is at issue, the Defendant may request the court to order the Plaintiff to undergo a physical or mental examination by a physician

Give a definition of jurisdiction.

Having authority over a person, situation, or geographical area

What are the defendant choices after receiving the complaint?

He must answer the summons in a written response. He can admit or deny contents of complaint, raise an affirmative defense, or provide a counter claim

Explain requests for admission and how do they differ from written interrogatories area?

Requests for admission are questions presented in a way so as to obtain admission of a certain fact Written interrogatories are just for gathering information

There are six relevant issues that come into the light with ESI that are not seen in the paper-based information:

1) Form and Format of production issues are trying to decide what manner to produce ESI. 2) Undue Burden - who decides when complying with e-discovery when it is too costly or too time-consuming 3) Metadata is hidden data about data found within common text files which can indicate when a document was created, viewed or changed (or other private data) and could be detrimental to one side of the case or the other. 4) Preservation of data - do routine computer operations need to be changed so that ESI is not inadvertently destroyed 5) Waiver of privilege or work-product protection if ESI is produced 6) Spoliation (opposite of preservation) refers to the wrongful destruction or alteration of evidence or the failure to preserve the information as evidence when it is known that the information will be needed for possible litigation.

Briefly explain the court structure in most states.

1) Municipal Courts (local/lowest level) 2) Trial Courts 3) Intermediate Appellate Court 4) State Supreme Court

Explain the steps of a trial.

1) Select a Jury 2) Plaintiff's opening statement and summary 3) Defendant's opening statement and summary 4) Presentation of Plaintiff's case and witnesses 5) Cross examination by the Defendant's Lawyer 6) Defense Attorney can request a motion for Direct Verdict after Plaintiff attorney rests the case. 7) Judge can grant or deny motion 8) Defense brings witnesses and evidence 9) Plaintiff can cross examine defense witness 10) Both sides rest case 11) Defense's closing statements, Plaintiff's attorney can rebut defense's statements 12) Jury instructions 13) Jury return's with verdict 14) Losing party can request Judge overturn verdict by filing a "Motion for Judgment notwithstanding the jury's verdict" 15) Judgment is entered

What is the difference between a notice of preservation and an order of preservation?

A notice of preservation is a letter from a lawyer notifying a defendant that they need to preserve relevant electronic evidence, even if paper records are available. An order of preservation is a Court Order notifying someone to preserve ESI and to not engage in routine deletion or destruction procedures.

What is a complaint and what does it describe?

A written formal document, it describes: a) The grounds of jurisdiction of the court b) The Plaintiff's claim in a short, plain statement c) The demand for relief that the plaintiff feels they are entitled to

What does ADR represent and discuss the different types.]

ADR is alternative dispute resolution. With ADR parties seek to resolve their conflicts without using the court system. There are 3 types of ADR. 1) Mediation; a neutral 3rd party helps both sides of the dispute to resolve their differences. The mediator remains neutral and the parties decide the final binding decisions rd 2) Arbitration; a neutral 3 party hears both sides and then renders a decision independent of whether the parties agree or not. Arbitrator may be an expert in the field concerning the dispute. Losing party can appeal. 3) Negotiation and Settlement; no neutral 3rd party. The parties or their representatives work to resolve the dispute and reach an agreement/settlement. Parties often sign a "release of claim" and cannot pursue same claim in future

How many writs of certiorari does the U.S. Supreme court hear each year?

About 150

Why do the characteristics of a civil lawsuit differ from state to state?

Because each state has different procedural rules

Which two rules are of the most interest to HIM professionals and tell what each rule does for HIM professionals?

Civil Procedure Rules and Evidence Rules. These rules govern the admissibility of the health record into evidence and the procedure for obtaining and presenting the information. Civil Procedure Rules deal with some of the different methods of discovery and how medical records must follow certain procedures in order to be admissible. Evidence Rules contains 11 articles of which only articles V, VII, VIII, IX, and X are directly related to health records.

What are court rules and which branch of government gives courts the authority to write and establish rules of procedure?

Court Rules are the principles established by authorities that prescribe or direct a certain action or forbearance from action. Court Rules are used to implement statutory requirements, set standard procedures for everyone to follow, and give attorneys and parties to a case rules regarding how a proceeding will be conducted. Congress gives the courts the authority to write and establish their own rules of procedures

The person being sued is called

Defendent

Explain discovery.

Devices or tools used by one side to obtain facts and information about the case from the other side in order to prepare for trial.

What is a summons?

In civil cases it is the act of bringing the defendant into the Jurisdiction of a particular court. In criminal cases it is the request that the accused appear in court.

Explain production of documents and things?

Inspection and/or copying of documents or other physical evidence

Explain federal question jurisdiction.

Is applied to cases that call into question a U.S. Constitutional principle, treaty, federal statute, a federal rule, or a federal regulation

What is a "litigation hold"?

It refers to the actions of a party who possesses ESI to make efforts to prevent routine destruction and preserve EIS that may be discoverable, even before it is know that a lawsuit exists. It is part of preservation process.

How do federal and state court systems differ?

Jurisdiction and Limitations are different. Court levels have different names.

Are the state courts more limited than federal courts in subject matter jurisdiction?

No - federal courts are more limited in subject matter jurisdiction.

How do cases proceed in appellate courts?

On the basis of the parties' written briefs, if they justify the need for appeal

What are the only "live" portions of an appeal court?

Oral arguments presented to the courts by the attorneys.

Your book describes two types of jurisdiction. What are they?

Personal (over the persons involved) and Subject Matter (over the question at issue) jurisdiction

The person who initiates a lawsuit is called

Plaintiff

The delivery of the summons and complaint is referred to as:

Service of Process

How may the court system be divided within a state?

States can subdivide their courts to deal with limited subjects such as probate court, juvenile court, and small claims court.

What is the difference between a subpoena and a subpoena duces tecum?

Subpoena means appear in court Subpoena duces tecum means appear in court and bring requested items

What is the highest level of court?

Supreme Court (can be state or U.S.)

Define deposition.

Testimony given under oath outside the courtroom in accordance with a subpoena

What if the defendant does not answer the complaint?

The court may rule against the defendant and enter a "Default Judgment"

Explain legal process

The stages through which a lawsuit generally passes Step One: the Complaint Step Two: Discovery Step Three: Pretrial Conference Step Four: the actual Trial Step Five: the Appeal Step Six: Satisfying the Judgment

Explain courts of general jurisdiction.

These are state courts. The subject matter to be tried is not limited.

Explain diversity jurisdiction.

These cases involve citizens from different states and the amount in question is over $75,000. These cases are brought to the Federal court level. Substantive law is used by the federal court in which the court is located to decide the case.

How are appellate courts in the federal system divided-up and what are they usually called?

They are divided by geographic region. They are called Circuit Courts of Appeal.

How are federal and state court systems the same?

They have multiple levels. Trial court is lowest. Court of Appeals is middle and Supreme Court is the highest.

If the motion to dismiss the case is granted (before trial) what is the option of the plaintiff?

To appeal to the next level in court system

What is the main purpose of a deposition?

To uncover details of the case

What activities are performed in trial courts?

Trials are conducted in civil and criminal cases. Courts supervise the discovery process occurring before the trial. There is a judge and a jury to hear testimony and view exhibits to reach a verdict.

What limits subject matter jurisdiction in federal court?

U.S. Constitution and Statute

What is a writ of certiorari?

U.S. Supreme Court decision to hear a case.

What kind of cases do the courts in question 22 hear?

U.S. Supreme Court hears cases appealed from the State Supreme Court involving the U.S. Constitution, treaties, or statutes. The State Supreme Court hears cases appealed from the Appellate Courts.

What is E-discovery?

When discovery seeks information stored electronically in any medium, including business records such as th epatient's electronic health record, it is considered e- discovery.

What are some factors that decide personal jurisdiction over the defendant?

Whether the defendant was properly served with summons and complaint

What are written interrogatories?

Written questions presented to a party or witness designed to gather information.

Can the defendant pursue a claim against someone who was not originally part of the lawsuit?

Yes

Do federal courts ever have exclusive jurisdiction over a certain subject matter?

Yes

When a plaintiff files a lawsuit does he/she voluntarily submits to the personal jurisdiction of the court?

Yes

Does the defendant have a limited time to answer a complaint?

Yes, 20 days

Can a case be brought directly to the Supreme Court?

Yes, but rarely.

May a case be heard in either federal or state court? If yes, how is the determination made to either the state or federal court system?

Yes: example would be malpractice claim involving a patient living in one state who sues a healthcare provider from another state. The patient could choose which court to use (federal or state). Of course, they would choose the court that would benefit them the best.