Test 5

Card 61-77

What is a “Small Claim Court?”

A special inferior trial court (i.e. a court of limited jurisdiction) in which parties litigate small claims - usually involving $2,500 or less.

List the basic parts of the Federal Court system

1. Courts of limited jurisdiction (specialized courts like the Federal Bankruptcy Court and the Court of Claims)

2. Courts of general jurisdiction (called the U.S. District Courts)

3. Intermediate Appellate Courts (called the Circuit Courts of Appeals)

4. The U.S. Supreme Court.

How many Districts are there in the Federal Court system?

94

How many Circuit Courts of Appeals are there in the Federal Court system?

13

What are the two kinds of civil cases that are heard in the U.S. District Courts?

1. Cases involving a Federal question.

2. Cases involving diversity of citizenship and in which the amount of money in controversy is more than $75,000

Explain the difference between Exclusive and Concurrent Jurisdiction

Exclusive Jurisdiction means that only the State Court System or the Federal Court System has authority to hear and decide a certain cause of action between parties.

Concurrent Jurisdiction means that a certain case can be filed and processed in either the Federal Court System or the State Court System.

What is a “Writ of Certiorary?”

A court order from a higher court (like the Supreme Court) requiring a lower court to send the record of a case for review.

What is “standing to sue?”

The requirement that an individual (or entity) must have a sufficient stake in a controversy before he, she , or it can bring a lawsuit to get a remedy.

After a Civil Complaint has been filed and serves on the Defendant and the Defendant has filed an Answer to the Complaint, what are the three pretrial activities that generally occur?

1. Pre-Trial Motions (for the parties’ benefit)

2. A pre-trial conference, or conferences (for the Judge’s benefit)

3. Discovery (for the lawyers’ benefit)

What is a “Motion” in a civil lawsuit?

A “Motion” is an application made by a party to a lawsuit asking the judge to, after a hearing on the matter, enter an immediate order (i.e. before the actual trial) directing some act to be done in favor of the applicant.

What are the two general categories of Pre-trial Motions?

1. Procedural Motions (e.g. Motions for More Definite Statement, Motions to Add Parties, or Motions to Compel Discovery).

2. Substantive, or “Dispositive,” Motions (e.g. Motions to Dismiss, or Motions for Summary Judgment).

What is a “Motion to Dismiss?”

A request made by the Defendant that the court immediately dismiss the Plaintiff’s case because, although the Defendant admits the facts as alleged by the Plaintiff, he asserts that the Plaintiff’s claims has no basis in law.

What is a Motion for Summary Judgment?

A request by the Plaintiff that an immediate Judgment be entered in his favor because there are no disputed issues of fact would necessitate a trial and the Plaintiff is entitled to a Judgment as a matter of law.

What happens if a Defendant in a civil lawsuit gets served with the Complaint and Summons but does not file an answer at all?

A “default” will be entered against him (either by the Plaintiff or by the clerk of the court) and the Defendant will be prohibited from filing any pleadings or taking any other action in his case.

How is a “Default Judgment” entered after a default has been entered?

If the remedy sought in the Complaint is a specific amount of money, the clerk of the court can enter the Judgment for that amount automatically, without a hearing. If the remedy sought in the Complaint is not a specific amount of money or if an equitable remedy is sought, a hearing (on a "Motion for Entry of Default Judgment") is scheduled and the Judge enters the Judgment following the hearing.

What is “Discovery?”

A method by which opposing parties obtain information from each other to prepare for trial.

What are the two most common discovery tools utilized during formal discovery?

1. Interrogatories (i.e. written questions that must be answered in writing, under oath) and

2. Depositions (i.e. oral testimony that must be given under oath in answer to lawyers’ questions with a court recorder present to make a transcript of the proceedings).