LES 305 Ch.3 Flashcards

Affirm

When the appellate court upholds the lower court's decision.

Appellant (or petitioner)

The party who appeals a lower court's decision.

Appellate Court

A court of review that reviews the trial court proceedings for errors of law and procedure.

Attorney-client privilege

An attorney cannot disclose statements or information given by the client.

Concurrent Jurisdiction

Authority of more than one court to hear a case.

Contentious Jurisdiction

Consensual jurisdiction of a court that is consented to when the parties have a dispute; for example

Court of Justice of European Communities

The court of dispute settlement for the nations of the European Community.

Defendant

Party who is alleged to have committed a wrong in a civil lawsuit; the charged party in a criminal prosecution.

Diversity of citizenship

A requirement for federal court jurisdiction whereby the plaintiff and defendant must be citizens of different states. [Note that the amount in controversy must by $75K or more as well.]

European Court of Human Rights

A noncommercial court dealing with disputes over the treatment of a country's citizens.

Federal Circuits

Geographic groupings of the federal district courts for purpose of appellate jurisdiction.

Federal District Court

The trial court of the federal system.

In Personam jurisdiction

Jurisdiction over a person.

In Rem Jurisdiction

A method whereby a court obtains jurisdiction by having property or money located within its geographic jurisdiction provided that the property is the subject of the dispute.

Inter-American Court of Human Rights

In international law the court for resolution of noncommercial issues or the violation of human rights by a particular nation in North or South America.

International Court of Justice (ICJ)

Voluntary court in the international system of law; nonbinding decisions.

Jurisdiction

The power of a court to settle disputes.

Limited Jurisdiction

Specialty courts that have only limited authority over certain types of cases with distinct subjects matter; probate courts have limited jurisdiction over probate matters only.

Long-Arm Statues

Statutes in each state that allow the courts to bring in defendants from outside the state so long as they have some "minimum contact" with the state.

Minimum Contacts

Standard used for determining in personam jurisdiction over residents outside the state of the court of litigation; nonresident defendants must have some relationship with the state to justify a court taking jurisdiction.

Modify

Action of an appellate court when it agrees with the trial court's verdict changes the judgment amount of the remedy.

Plaintiff

Party filing suit who is alleging a wrong committed by the defendant.

Precedent

Prior judicial decisions.

Remand

When an appellate court sends a case to the a trial court for retrial or other proceeding as the result of the appellate court's decision.

Remand

When an appellate court sends a case to the a trial court for retrial or other proceeding as the result of the appellate court's decision.

Reverse

Action of an appellate court in changing the decision of a lower court.

Reversible error

Mistake made in lower court proceedings that is sufficient in magnitude to change the outcome of a case.

Small Claims Court

Specialized court designed to allow the hearing of claims of limited monetary amounts without the complexities of litigation and (usually) without attorneys.

Stare Decisis

The principle of adhering to the rule of law from prior decisions.

Trial Court

The court where the case is initially presented and witnesses testify.

U.S. Supreme Court

The highest appellate court in the federal system and also the highest appellate court for state appeals.

Venue

Geographic location of a trial.

Respondent(or Appelle)

The party against whom a petition or an appeal is filed.