BLaw Study Set : Chapter 3 Civil Dispute Resolution

Prep for Exam 1

What are courts? (the definition and function)

Impartial Tribunals, established by the government to settle disputes.

To make legally binding decisions, courts must have what type(s) of jurisdiction?

Courts must have both:

-Subject Matter Jurisdiction AND Jurisdiction over the parties involved

T or F : The United States has a dual court system?

TRUE! Courts in the US are split into state and federal courts.

Where is judicial power in the United States vested?

In:

• the ONE supreme court

• Such lower courts that Congress establishes

What courts make up the Federal State Court system?

1. District Courts

2. Courts of Appeals

3. Special Courts

4. The U.S. Supreme Court

How are Federal Judges appointed?

Appointed by the President, have lifetime tenure, confirmed by the Senate.

What are District Courts?

The lowest-level federal courts.

***General Trial Courts

What types of issues are decided in federal district courts?

Issues of FACT

How are districts courts created, how many are there?

Congress establishes districts, most states have 1 but some have more.

-94 total across the US!

If a decision in the federal district courts is appealed, where does it typically go?

To a Circuit Court of Appeals!

How many Circuit Courts of Appeals are there?

11 numbered circuits + the D.C. one (12 total)

Circuits are established by congress

What cases do federal courts of appeals hear?

They hear appeals from district courts located within their circuit

ALSO REVIEW: Decisions about Administrative Agencies, Tax Court, Bankruptcy Courts.

How many judges typically serve on trials from a Circuit Court of Appeals?

Typically 3!!

UNLESS “en banc”

What does a trial “en banc” refer to?

A hearing in a circuit court of appeals where instead of a panel of 3 judges ALL the judges in the circuit review the decision!

What is the purpose of a Circuit Court of Appeals?

Circuit Courts of Appeals examine records of the case on appeal to decide whether the trial court committed prejudicial error.

What conclusions can Circuit Courts of Appeals make after reviewing the decision of the trial (lower) court?

If they determine Prejudicial error WAS made : Reverse/Modify the judgement OR send it back to the lower (district) courts to re-hear

If they decide NO prejudicial error was made : Affirm the decision of the lower courts. (most common outcome!)

What is the National’s Highest Tribunal Court?

The U.S. Supreme Court!

Nine justices serve on the US Supreme Court, who are they? (this will be for EC on the exam!!!!)

1. Clarence Thomas

2. Samuel A. Alito Jr.

3. Sonia Sotomayor

4. Elena Kagan

5. Neil M. Gorsuch

6. Brett M. Kavanaugh

7. Amy Coney Barret

8. Ketanji Brown Jackson

9. Chief Justice: John G. Roberts Jr.

How many justices make up a Quorum?

Any 6 justices!

What is the function of the US Supreme Court?

Review the decisions of the federal courts of appeals & (sometimes) those of the highest state courts.

There are 2 additional times that the US Supreme Court has Original Jurisdiction what are they:

1. Appeal by Right : Mandatory review by a higher court (never happens)

2. Writ of Certiorari : Discretionary review of a decision by a higher court (most common)

What courts make up Special Courts in the Federal Judicial System?

1. US Court of Federal Claims

2. US Bankruptcy Courts

3. US Tax Court

4. US Court of Appeals for the Federal Circuit

What do special courts have jurisdiction over?

special/particular subject matters!

How many State courts are there?

Each State and the District of Columbia has its own court system.(50-52)

How are justices elected in the majority of state courts?

Who elects these justices varies on a state-by-state basis.

Justices typically serve for a TERM (not life)

What cases do Inferior Trial Courts decide?

Inferior State Trial Courts decide the LEAST serious criminal and civil matters.

-no complete written record of proceedings

-$ limit on civil cases heard

-only hear most minor criminal offenses

Where do appeals made after Inferior Trial Courts go?

Because no written record is kept on these proceedings, cases get a brand new trial (Trial De Novo) and go to State Trial Courts.

What are State Trial Courts?

Courts of GENERAL jurisdiction.

-no $ limit on civil cases heard

-hear ALL criminal cases (except minor offenses)

-DO MAINTAIN FORMAL WRITTEN RECORDS

What do special trial courts do?

They hear more specialized/niche cases

A state court with jurisdiction over wills and estates and family courts are examples of what type of state court?

Special Trial Courts

What are Appellate Courts?

These are a state’s last resort.

Function like the “Supreme Court” of that state. HIGHEST level you can go below the Nation’s Supreme Court.

-These decisions after review are FINAL.

What is Jurisdiction?

The power/authority of a court to hear and make a decision about a case.

What areas must courts have jurisdiction over to make a BINDING decision?

1. Subject Matter Jurisdiction

2. Jurisdiction over the parties involved

What areas do Federal Courts have exclusive jurisdiction over?

Only where Congress provides it.

Where does Concurrent jurisdiction exist? (what makes a case qualify for concurrent jurisdiction?)

1. If a Federal Question is involved

2. If Diversity of Citizenship exists and amount in controversy exceeds $75,000

What would make a case have “diversity of citizenship?”

1. The defendants and plaintiffs involved are citizens of different states

2. A foreign nation takes action against citizens of the United States

3. A controversy occurs between citizens of a state and citizens of a foreign country.

In cases with concurrent jurisdiction, what court(s) may the Plaintiff bring the action in?

The Plaintiff may bring the action to either state or federal courts.

In a case of concurrent jurisdiction, if the Plaintiff brings the action in a state court, what types of law are used to decide the case?

1. Federal substantive law, state procedural law.

What cases do States have Exclusive State Jurisdiction in?

They have exclusive jurisdiction over ALL other matters not granted to federal courts by congress and not qualifying for concurrent jurisdiction.

If the amount in controversy in a case is $74,999.99 what court has jurisdiction?

State court would have exclusive jurisdiction provided no federal question is involved.

What is the meaning of Stare Decisis?

“let the decision stand” Means lower courts must follow the decisions made by higher courts in their jurisdiction.

What does Jurisdiction over the Parties mean?

Refers to the Power of a COURT to bind the parties involved in that dispute.

What are the requirements for jurisdiction over the parties?

1. In personam jurisdiction

2. In Rem jurisdiction

3. Attachment Jurisdiction

What is In Personam Jurisdiction?

Jurisdiction Over the PERSON (usually based on the defendant living in a state, doing significant business there, or having sufficient contracts there)

What is In Rem Jurisdiction?

Jurisdiction Over the THING. The court has power over the property itself, not necessarily the person.

-who has rights to the property

What is Attachment/Quasi In Rem Jurisdiction?

Property is used to get to a PERSON.

-Court takes control over property belonging to the defendant, but it has nothing to do with the case

What is Venue?

It’s the geographical place where a court can hear a case.

There are two main methods used to resolve civil disputes, what are they?

1. Litigation (must follow civil procedure)

2. Alternative Dispute Resolution (non-governmental)

When selecting a jury to hear a trial, what does Voir Dire mean?

Voir Dire is the examination of potential jurors.

When examining potential jurors, challenges for cause are….

UNLIMITED! (if the juror is biased/cannot be fair we eliminate them)

When examining jurors, Peremptory challenges are…

LIMITED! No cause is required to disqualify.

T or F : jurors cannot be disqualified on the basis of race or gender?

TRUE!

If deciding not to use litigation to decide a civil case, parties may use ___________

Alternative Dispute Resolution! (ADR)

What are some of the advantages of ADR? (Alternative Dispute Resolution)

-Privacy

-Speed

-Preservation of continued relations

What are the characteristics of arbitration?

• Neutral, 3rd party renders a BINDING decision

What are the characteristics of Conciliation?

• Nonbinding process

• Conciliator tries to get parties to accept an agreement

What are some characteristics of Mediation?

• Mediator provides possible solutions to a disagreement

• NONBINDING

What is a mini trial?

• Used for Corporations

• Only involves attorneys

What is a Summary Jury Trial?

• Mock trial

• Non-Binding

What is a Negotiation?

• Bargaining Process between parties ONLY (no third-party involvement)

What term is used to refer to the science of law?

Jurisprudence

What is the primary function of the law?

To regulate, within certain limitations, human conduct and human relations.

T or F : The law evolves with time and will continue to change?

True! (but it does so slowly)

What rights does the law attempt to balance?

Group and Individual rights.

T or F : There are three functions of law?

True

What are the 3 functions of law?

1. Maintain political, social, and economic stability

2. Protect private property / assist in the making of voluntary agreements

3. Preservation of the state

T or F : Laws and Morals are dependent on one another?

FALSE! Morals may help to inform the law, but they are separate concepts.

T or F : Law and Justice are separate/distinct concepts?

True! They are independent concepts, but the law helps ensure that justice is carried out equitably.

Among the ways used to classify law is the differentiation between rights and duties. What is that difference?

A right - The capacity of a person to REQUIRE another person to perform or not perform a certain act.

A duty - The obligation imposed by the law that requires a person to either perform or not perform an act.

T or F : For every right, there is a corresponding duty

true.

What is Substantive Law?

Defines what the law is (broadly)

What is Procedural Law?

Deals with the nitty-gritty rules involved with the law. (how do we enforce that law)

What does Public Law deal with?

Involves the Government dealing with individuals and groups. (constitutional, administrative, and criminal)

What does Private Law deal with?

People and Entities (businesses) dealing with each other (no government)

What type of Law is Civil Law (public or private) and who does it deal with?

Civil Law is PRIVATE law

-deals with groups and individuals who got beef with each other

What type of law is CRIMINAL Law (public or private) and who does it deal with?

Criminal Law is PUBLIC law

-involves offenses against the ENTIRE community.

T or F : In Civil law the plaintiff brings a lawsuit against the defendant to recover COMPENSATION for damages caused by the defendant’s wrongful actions?

true!

Who has the burden of proof in a civil case and to what degree must it be proven?

The Plaintiff has the burden of proof.

-Must be sustained by a preponderance of the evidence

What are the principle forms of relief under civil law?

-Money damages

-Decrees that order the defendant to do / stop doing a certain action

Who brings the criminal proceeding against a person accused of a crime in a criminal action?

The GOVERNMENT

Who must prove guilt and to what degree must it be proven in a criminal case?

The Government must prove criminal guilt beyond a REASONABLE doubt. (higher standard)

What are the principle sanctions under criminal law (the outcomes of a trial/action)

-Capital Punishment

-Imprisonment

-Fines

What are the sources of law? (From where does Law come from?)

1. the US Constitution is the supreme law of the land

2. Federal Laws and court decisions are paramount to state constitutions and laws

3. Then State Statutes and Case Law

T of F : State Constitutions can deprive their citizens of rights enshrined in the US constitution?

FALSE! State constitutions can add additional rights to their citizens but cannot contradict with laws/rights set forth in the US Constitution.

What does the separation of powers mean?

It divides power into 3 separate branches of government (judicial, legislative, and executive)

What is judicial review?

The power of the courts to review the constitutionality of acts of the legislative and executive branches.

What is Stare Decisis?

“to stand by the decisions” means that lower courts must follow the decisions of the higher courts in similar decided cases.

What type of court system does the USA have?

A common law system!

What is Common Law?

From England, relies on judicial/court decisions, developed by stare decisis

What is Equity?

• Provides remedies that aren’t always available at law (reforming/rescinding a contract)

What is Reformation?

Rewriting a contract to conform to the original intent of the parties

What is Recission?

Invalidating a contract.

What are Restatements?

Scholarly re-writtings of Common Law, they’re influential but NOT legally binding.

T or F : Legislative Law is the Primary source of NEW laws

True! Legislative Law creates drastic changes by making new laws and statutes.

What are Treaties?

Agreements between 2 or more nations. Entered into by President, 2/3 of senate must agree.

What are Executive Orders?

Law issued by the President or State Governor.

What is Administrative Law (public or private)

Public Law created by administrative agencies

What does Administrative Law create/enforce?

Complex rules/regulations to carry agency powers/duties.

What happens in a legal analysis?

A person appeals a lower court decision (appellant); decisions are reported.

How would you read the following example of legal analysis: 86 P. 3rd 689 (2001)

86 : Volume #

P : Pacific Reporter

3rd : series

689 : beginning page

(2001) : year decided