Court Systems and Litigation

These flashcards cover essential concepts from court systems and litigation, including the roles of trial judges, appellate courts, juries, and various legal processes involved in litigation.

Trial Judges

Judges who oversee trials, ensuring rules of procedure and evidence are followed.

Appellate Courts

Courts that review lower court proceedings for legal errors, without retrying facts.

Jury

Citizens serving as fact-finders who decide questions of fact, not law.

Voir Dire

The process of screening jurors for bias before a trial.

Sixth Amendment

Constitutional amendment guaranteeing the right to a jury trial in criminal cases.

Seventh Amendment

Constitutional amendment guaranteeing the right to a jury trial in civil cases if the amount exceeds $20.

Diversity Jurisdiction

Federal jurisdiction based on parties from different states and an amount in controversy exceeding $75,000.

Federal Question Jurisdiction

Jurisdiction over cases involving the U.S. Constitution, federal statutes, or treaties.

Erie Doctrine

Legal principle requiring federal courts to apply state substantive law in diversity cases.

Equity Courts

Courts that provide remedies when legal remedies (like money damages) are inadequate.

Common Law Courts

Courts that historically provided remedies in the form of money damages.

Arbitration

A binding process for resolving disputes outside of court, often quicker and more private.

Mediation

A nonbinding process where a neutral third party facilitates negotiation between disputing parties.

Preponderance of Evidence

Standard of proof in civil cases indicating that a claim is more likely true than not.

Summary Judgment

A court ruling that decides a case without a trial if there are no material facts in dispute.

Long-Arm Statutes

Laws allowing states to assert jurisdiction over out-of-state defendants with sufficient contacts.

Peremptory Challenge

A jury selection method allowing attorneys to dismiss jurors without stating a reason.

Post-Trial Motions

Requests made after a trial, such as for judgment notwithstanding the verdict (JNOV) or a new trial.

Class Action

A lawsuit brought by a group of individuals with similar claims against a defendant.

Confidentiality in Settlements

The characteristic of many settlements that allows parties to keep agreements private.