Ch 3 Civil Litigation and Alternative Dispute Resolution

What is jurisdiction?

A court’s power to hear a case and make decisions that the people involved 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 are trial courts?

Courts of original jurisdiction where cases are first heard, evidence is presented, and witnesses testify.

What are federal trial courts called?

U.S. District Courts.

What are appellate courts?

Courts that review decisions made by lower courts to determine whether a legal error occurred.

Do appellate courts hold trials?

No. They review the trial court’s record and transcripts instead.

What do appellate courts generally decide?

Questions of law, not questions of fact.

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 happened or a characteristic of the case.

Who decides questions of law?

Judges.

Who usually decides questions of fact?

The judge in a bench trial or the 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 geographic area does state in personam jurisdiction usually cover?

The state’s borders.

What geographic area does federal in personam jurisdiction usually cover?

The court’s geographic district.

Who is the plaintiff?

The person or party who starts a lawsuit.

Who is the defendant?

The person or party being sued.

When does a court gain in personam jurisdiction over the plaintiff?

When the plaintiff files the lawsuit.

When does a court gain in personam jurisdiction over the defendant?

When the defendant is properly served with the complaint and summons.

What is a complaint?

A formal written document that starts a civil lawsuit and states the plaintiff’s allegations and requested damages or relief.

What is a summons?

A legal document notifying the defendant about the lawsuit and explaining how and when to respond.

What is service of process?

The procedure used to deliver the complaint and summons to the defendant.

What is residential service?

When the summons and complaint are left with a responsible adult at the defendant’s home or sent by mail.

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.

Why were long-arm statutes created?

To prevent out-of-state defendants from avoiding legal action by leaving the state.

What is subject-matter jurisdiction?

A court’s power to hear certain types of cases.

What does subject-matter jurisdiction determine?

Which court system, federal or state, can hear a particular case.

What is exclusive federal jurisdiction?

Cases that only federal courts can hear.

What are examples of exclusive federal jurisdiction?

Admiralty, bankruptcy, federal criminal prosecutions, lawsuits between states, claims against the U.S., patent/copyright cases, and cases under federal statutes.

What is state jurisdiction?

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

What cases are generally exclusive to state courts?

Adoption and divorce cases.

What is concurrent federal jurisdiction?

When both state and federal courts have jurisdiction over the same type of case.

What are the two main types of concurrent federal jurisdiction?

Federal question cases and diversity-of-citizenship cases.

What is a federal question case?

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

What is diversity of citizenship?

A type of 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?

A 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.

Where is venue usually appropriate when the case involves the defendant?

Usually in the county where the defendant resides.

Where is venue usually appropriate when a case involves property?

Usually where the property is located.

Where is venue usually appropriate when a dispute involves a specific event?

Usually where the event occurred.

What can a defendant do if the venue is inconvenient?

Request that the case be moved.

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 a forum selection clause and a choice-of-law clause?

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

What are the two parallel court systems in the U.S.?

The federal court system and the state court system.

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.

Where does the federal court system get its power?

Article III, Section 2 of the U.S. Constitution.

What are U.S. District Courts?

Federal trial courts where federal cases begin.

How many federal districts are there?

94.

What does original jurisdiction mean for U.S. District Courts?

They hear federal cases first, before any appeals.

What does general jurisdiction mean?

The court can hear many different types of cases and provide different types of remedies.

What do U.S. Courts of Appeals do?

Review decisions made by federal district courts.

Do U.S. Courts of Appeals hold trials or hear new evidence?

No. They generally review the trial court’s record instead.

How many federal appellate courts are there?

13: 11 numbered circuits, the D.C. Circuit, and the Federal Circuit.

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

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

How many justices are on the U.S. Supreme Court?

9 justices.

What state courts can the U.S. Supreme Court review?

In some circumstances, the highest courts of the states.

Can the U.S. Supreme Court decide cases involving only state law?

No.

What are the three threshold requirements before a court will hear a case?

Standing, case or controversy, and ripeness.

What is standing?

The legal right to bring a case because the outcome personally affects you.

What are the three requirements for standing?

There must be an actual or imminent injury, the injury must be traceable to the defendant, and a favorable decision must likely redress the injury.

What is a case or controversy?

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

What is ripeness?

The requirement that a case is ready for a decision and is not based on uncertain future events.

When is a case ripe?

When a judge’s decision can immediately affect the parties.

What is the statute of limitations?

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

When does the statute of limitations generally begin for a breach of contract?

When the contract is breached.

When does the statute of limitations generally begin for a tort?

When the injury occurs or is discovered.

Why do statutes of limitations exist?

To 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 are some criticisms of the adversary system?

The time and expense of lawsuits, damage to relationships, and unfair advantages for people with more wealth or legal experience.

What rules govern civil case proceedings?

Rules of civil procedure.

What are informal negotiations?

Discussions between parties to try to resolve a dispute before going to court.

What is the first formal stage of a lawsuit?

The pleadings stage.

What are pleadings?

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

What is the purpose of pleadings?

To explain each side’s claims and defenses and prevent surprises at trial.

What is service of process used for?

To notify the defendant of the lawsuit and satisfy due process.

What happens if a defendant does not respond to a complaint?

The plaintiff may receive a default judgment if the complaint supports it.

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?

A 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 request asking the court to dismiss a case because, even if the allegations are true, the plaintiff is not entitled to legal relief.

What is a counterclaim?

A claim made by the defendant against the plaintiff.

What are pretrial motions?

Requests made before trial to end a case early, eliminate claims, or gain another legal advantage.

What is a motion for judgment on the pleadings?

A request asking the judge to decide the case based on the facts stated in the pleadings and the applicable law.

What is discovery?

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

Why is discovery important?

It allows parties to learn the facts of the case and avoid surprises at trial.

What are interrogatories?

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

What is a request to produce documents?

A request requiring the opposing party to provide relevant documents or information, unless privileged or irrelevant.

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 genuine 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 is the Seventh Amendment's jury trial requirement according to these notes?

Parties are entitled to a jury trial if the plaintiff seeks at least $20 in monetary damages.

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.

Why can peremptory challenges not be used to remove jurors based on ethnicity or gender?

Doing so violates the Fourteenth Amendment.

What are mock trials?

Practice trials where mock jurors hear arguments and provide feedback.

What are shadow juries?

Jurors who observe an actual trial and provide attorneys with feedback about how each side is doing.