Chapter 3: Civil Dispute Resolution

What are District Courts?

Federal trial courts; Trial courts of general jurisdiction that can hear and decide most legal controversies in the federal system.

Definition of Courts of Appeals/Circuit Court

Federal appeal courts; Hear appeals from district courts and review orders of certain administrative agencies.

Definition of Trial Courts

State Courts; Have general jurisdiction over civil and criminal cases.

Definition of Small Claims Court

Jurisdiction over claims of small amounts of money; Allows individuals to save time and money by handling their small claims cases in an informal legal forum.

Definition of Jurisdiction

The power or authority of a court to hear and decide a given case.

Definition of Subject Matter Jurisdiction

Authority of a court to judge a controversy of a particular kind of case.

Definition of Exclusive State Jurisdiction

Jurisdiction over all other (non-federal) matters.

Examples of Exclusive Federal Jurisdiction

1. Federal Crimes

2. Bankruptcy

3. Patents

4. Copyright and trademarks

5. Admiralty

6. Antitrust

7. Suits against the United States

8. Specified federal statutes

Examples of Concurrent Jurisdiction

1. Federal questions

2. Diversity of citizenship

Definition of Complaint

Initial pleading by the plaintiff stating his case.

What are the two important questions when filing a complaint?

What is the problem? What do you want the judge to do/what relief is sought?

Definition of Summons

Notice given to inform a person of a lawsuit against them.

What does the summons do?

Informs defendant that they are being sued, in which court, the name of the judge and how many days they have to respond to the lawsuit.

What are possible responses to a complaint?

Default Judgement

Answer

How does one enter default judgement?

The plaintiff asks the judge to enter default by filing a motion.

Definition of Answer

Can deny all claims, assert affirmative defenses (which defense must prove at trial), and file a counterclaim.

How do the proceedings for filing a complaint go?

The plaintiff will file the complaint with the clerk of court

The clerk issues the summons

The plaintiff is responsible to make sure the defendant is served a copy of the complaint and the summons

What are limitations when serving the defendant?

The plaintiff can’t personally serve the defendant, can either hire the deputy sheriff or process server.

What happens in most civil cases?

A settlement

What happens in most criminal cases?

A plea bargain

Very large numbers of cases go to trial?

False

Definition of Enforcement

Writ of execution to have the sheriff seize property of the defendant and garnishment to collect money owed.

Definition of Mediation

Nonbinding process in which a third-party acts as an intermediary between the disputing parties and proposes solutions for them to consider.

Definition of Arbitration

A nonjudicial proceeding in which a neutral party selected by the disputants renders a binding decision (award)

What are the two types of Arbitration?

Consensual Arbitration

Compulsory Arbitration

What does an appeal do?

Allows the defendant to go to a higher power and ask their decision and take that answer or go higher once more.

How can federal laws be different from the rights of a citizen in different states?

Circuits

Which courts do small businesses usually get sued in and why?

Small businesses usually get sued in Small Claims Court because it saves time and money.

After filing a suit, the plaintiff must do what?

The plaintiff must file a complaint about what the problem is and what they want the judge to do about it.

Definition of Discovery

A disposition; where the people go out and find the information for the trial. It is important to see how strong the case is.

What is a pretrial conference?

A meeting between the judge and the lawyers.

Why is the pretrial held?

To get everything organized for the trial; narrowing down issues, what the disagreement is about, discussing evidence and witnesses, and setting rules and deadlines.

How is collection handled after a judgetment against the defendant has been obtained?

They must pay before a set deadline; if they do not, the plaintiff can file a writ of execution