1/18
Looks like no tags are added yet.
Name | Mastery | Learn | Test | Matching | Spaced |
---|
No study sessions yet.
What is jurisdiction?
Jurisdiction refers to the authority of a court to hear a case and make legal decisions.
When would a case be brought to a state court?
A case is typically brought to a state court when it involves state laws, local matters, or parties residing in the same state.
When would a case be brought to a federal court?
A case is brought to a federal court when it involves federal laws, constitutional issues, or parties from different states with an amount in controversy exceeding $75,000.
What is the structure of the Federal Court system?
The Federal Court system includes District Courts (lower courts), Circuit Courts of Appeals (intermediate appellate courts), and the Supreme Court (highest court).
What is the structure of the state court system?
The state court system typically includes Municipal or District Courts (lower courts), Superior or Circuit Courts (trial courts), and State Supreme Courts (highest courts). Structures may vary by state.
Do all states have the same court structure?
No, court structures can differ by state, with variations in names, levels, and functions of courts.
What does 'standing' mean in legal terms?
'Standing' refers to the legal right of an individual or entity to initiate a lawsuit based on having a stake in the outcome.
What is meant by 'case/controversy'?
'Case/controversy' refers to the requirement that a legal dispute must involve actual and specific issues rather than hypothetical or abstract questions.
What does 'ripeness' mean in legal context?
'Ripeness' refers to the readiness of a case for litigation, meaning the issues have developed sufficiently to be adjudicated.
What occurs during the Pretrial Stage?
During the Pretrial Stage, parties engage in discovery, file motions, and prepare for trial, including settlement discussions.
What happens during the Trial Stage?
During the Trial Stage, evidence is presented, witnesses testify, and the judge or jury makes a determination of guilt or liability.
What are Posttrial Motions?
Posttrial Motions are requests made after a trial, such as motions for a new trial or to alter the judgment.
What is the Appellate Procedure?
The Appellate Procedure involves reviewing the trial court's decision by a higher court to determine if legal errors occurred that affected the outcome.
What is Alternative Dispute Resolution (ADR)?
ADR is a set of processes, including negotiation, mediation, and arbitration, used to resolve disputes outside of traditional court proceedings.
What is negotiation in the context of ADR?
Negotiation is a process where parties communicate directly to reach a mutually acceptable agreement.
What is mediation?
Mediation is a facilitated negotiation process where a neutral third party helps disputing parties find a resolution.
What is arbitration?
Arbitration is a process where a neutral third party makes a binding decision to resolve a dispute, often following a hearing.
What are Long Arm Statutes?
Long Arm Statutes allow a state to exercise jurisdiction over out-of-state defendants based on certain activities or connections with the state.
When can a state use a Long Arm Statute?
A state can use a Long Arm Statute when the defendant has sufficient minimum contacts with the state, such as conducting business or committing a tort within the state.