CH 3 CIVIL LIT AND ADR

What is jurisdiction?

A court’s power to hear a case and make decisions that the parties must follow.

What is original jurisdiction?

The power of a court to hear and decide a case when it first enters the legal system.

What is appellate jurisdiction?

The power of a court to review a lower court’s decision for legal errors.

What is the difference between trial and appellate courts?

Trial courts hear cases first and consider evidence; appellate courts review lower court decisions and generally do not hear new evidence.

What is a question of law?

An issue involving the interpretation or application of a law.

What is a question of fact?

A question about what actually happened in a case.

Who decides questions of law and questions of fact?

Judges decide questions of law. Questions of fact are decided by a judge in a bench trial or a jury in a jury trial.

What is in personam jurisdiction?

A court’s power to make decisions affecting the rights of specific people involved in a case.

What is the plaintiff?

The person or party who starts a lawsuit.

What is the defendant?

The person or party being sued.

What is service of process?

The process of officially notifying the defendant about a lawsuit by delivering the complaint and summons.

What is a long-arm statute?

A law that allows a court to exercise jurisdiction over an out-of-state defendant who has sufficient minimum contacts with the state.

What is subject-matter jurisdiction?

A court’s power to hear a particular type of case.

What is exclusive federal jurisdiction?

Cases that only federal courts have the power to hear.

What is state jurisdiction?

State courts’ broad power to hear cases that are not under the exclusive jurisdiction of federal courts.

What is concurrent jurisdiction?

Jurisdiction where both state and federal courts have the power to hear a case.

What is a federal question case?

A case involving the U.S. Constitution, a federal statute, or a federal treaty.

What is diversity of citizenship?

A case where the plaintiff and defendant are citizens of different states and the amount in controversy exceeds $75,000.

What is the right of removal?

The defendant’s right to move a case from state court to federal court when federal jurisdiction exists.

What is venue?

The geographic location where a case is heard.

What usually determines venue?

Where the parties live, where the event occurred, or where the alleged wrong occurred.

What is a forum selection clause?

A contract provision that specifies where a dispute will be heard.

What is a choice-of-law clause?

A contract provision that specifies which law will be used to decide a dispute.

What is the difference between forum selection and choice-of-law clauses?

Forum selection determines WHERE the case will be heard; choice-of-law determines WHICH LAW will apply.

What are the three levels of the federal court system?

U.S. District Courts → U.S. Courts of Appeals → U.S. Supreme Court.

What are the three levels of the state court system?

State Trial Courts → State Intermediate Appeals Courts → State Supreme Court/Highest Court.

What is the main difference between federal and state courts?

Federal courts mainly deal with federal law, while state courts mainly deal with state law.

What are U.S. District Courts?

Federal trial courts where federal cases begin.

What do U.S. Courts of Appeals do?

They review decisions made by federal district courts and look for legal errors.

What is the role of the U.S. Supreme Court?

It is the highest court in the federal system and gives the final decision when it chooses to review a case.

What is standing?

is the legal right of a party to bring a lawsuit or participate in a legal proceeding

What are the three requirements for standing?

The plaintiff must have an actual or imminent injury, the injury must be connected to the defendant, and a favorable court decision must likely fix the injury.

What is a case or controversy?

An actual legal dispute between opposing parties that a court can resolve.

What is ripeness?

a legal rule that decides if a dispute has developed enough for a court to hear it right now

What is the statute of limitations?

A law that limits how long a plaintiff has to file a lawsuit after a claim arises.

Why do statutes of limitations exist?

To help ensure evidence is still available when a lawsuit is brought.

What is an adversary system?

A system where opposing parties present evidence and arguments to a neutral judge or jury, who decides the case based on facts and law.

What is the first formal stage of a civil lawsuit?

The pleadings stage.

What are pleadings?

Formal documents filed by the parties that state their claims and defenses.

What is a default judgment?

A judgment in favor of the plaintiff because the defendant failed to respond to the complaint.

What is an answer?

The defendant’s response to the plaintiff’s complaint that admits, denies, or claims lack of knowledge about the allegations.

What is an affirmative defense?

A defense where the defendant accepts the facts in the complaint but provides additional facts that legally justify their actions.

What is a motion to dismiss?

a legal request by defendant asking a judge to end a lawsuit or throw out specific claims before the case goes to trial…. argues that even if plaintiffs claims are true, the claim lacks valid legal basis.

What is a counterclaim?

A claim made by the defendant against the plaintiff.

What is discovery?

The process where parties gather information from each other about the case before trial.

What are interrogatories?

Written questions one party sends to the other that must be answered under oath.

What is a deposition?

Testimony from a witness given before trial while under oath and questioned by attorneys.

What is a motion for summary judgment?

A request arguing that there are no factual disputes and the moving party should win based on the law.

What is a pretrial conference?

A meeting between the judge and attorneys to narrow issues and discuss possible settlement.

What are the six stages of a trial?

Jury selection, opening statements, examination of witnesses, closing arguments, jury instructions, and posttrial motions.

What is voir dire?

The process of questioning potential jurors to determine whether they can be unbiased.

What are peremptory challenges?

Challenges that allow a party to remove a certain number of potential jurors without giving a reason.

What is hearsay?

Testimony about what another person said.

What is a directed verdict?

A judge’s decision in favor of the defendant because the plaintiff did not provide enough evidence to support their claim.

What is appellate procedure?

The process by which a losing party challenges a trial court’s final judgment in a higher court.

What does it mean to affirm a lower court’s decision?

To leave the lower court’s decision in place.

What does it mean to reverse a lower court’s decision?

To overturn the lower court’s decision because of a legal error.

What does it mean to remand a case?

To send the case back to the trial court for further proceedings.

What is a writ of certiorari?

An order directing a lower court to send its case record to the U.S. Supreme Court for review.

What is alternative dispute resolution (ADR)?

Resolving legal disputes through methods other than litigation.

What is negotiation?

A process where the parties work directly with each other to resolve a dispute without a neutral third party.

What is mediation?

A process where a neutral third party helps the parties communicate and reach an agreed solution.

What is arbitration?

A dispute resolution process where a neutral third party conducts a hearing and makes a legally binding decision called an award.