Note
Studied by 22 peopleLitigation
Limits on Court’s Power
Before a court can hear a case, it must meet certain requirements:
Standing to Sue: The person bringing the lawsuit must have a personal stake or injury in the case. They must be directly affected by the issue they're suing over.
Genuine Case or Controversy (No Advisory Opinions): A court can’t give legal advice or answer hypothetical questions. There must be an actual dispute between the parties that requires resolution.
Jurisdiction: Jurisdiction refers to a court's power to hear a case. There are different types of jurisdiction, including:
Subject Matter Jurisdiction: A court must have authority to hear the type of case being presented.
Personal Jurisdiction: A court must have power over the people involved in the case (the defendant).
Jurisdiction
Subject Matter Jurisdiction refers to the authority of a court to hear certain types of cases, such as:
Federal Question Jurisdiction: Federal courts can hear cases involving federal laws or constitutional issues.
Diversity of Citizenship Jurisdiction: Federal courts can hear cases between citizens of different states (or countries) when the amount in dispute is more than $75,000.
Citizenship of Corporation
For diversity jurisdiction, a corporation is considered a citizen of both the state where it’s incorporated and where it has its principal place of business.
Concurrent Jurisdiction
This occurs when two different courts (e.g., state and federal courts) have the authority to hear the same case. A party may choose to file in either court.
Removal of Case to Federal Court
If a case is filed in state court, a defendant can sometimes remove the case to federal court, especially if there is federal jurisdiction.
Personal (In Personam) Jurisdiction
A court must have power over the parties involved in a case. This can be based on:
Minimum Contacts: The defendant must have enough connection to the state where the court is located for it to be fair for the court to hear the case.
Bases for Personal Jurisdiction: This can include where the defendant lives, where the event occurred, or where they do business.
Civil Procedure (How a Case Proceeds Through Court)
Here’s a quick outline of how a typical case moves through the courts:
Hiring a Lawyer
Attorney-Client Privilege: This protects the privacy of communications between a lawyer and their client. However, there are limits (e.g., it doesn’t apply if the lawyer is helping with a crime).
Legal Hold
A legal hold is a directive to preserve documents and data related to a legal matter, ensuring evidence is not destroyed.
Plaintiff and Defendant
Plaintiff: The person or party bringing the lawsuit.
Defendant: The person or party being sued.
Clerk of Court
The official who maintains court records and handles administrative tasks related to the case.
Jury
A group of people who decide the facts of the case in a trial (for certain types of cases).
Judge
The person who oversees the court proceedings, makes rulings on legal issues, and ensures the trial follows the law.
Litigation Process:
Summons: A legal document notifying the defendant that they’re being sued and must respond.
Complaint: The document that begins the lawsuit, outlining the plaintiff's claims and what they want the court to do.
Motion to Dismiss: A request to the court to throw out the case because of legal reasons (e.g., no valid claim).
Answer: The defendant's response to the complaint, denying or admitting the allegations.
Counter-Claim: When the defendant files their own claim against the plaintiff.
Cross-Claim: A claim brought by one defendant against another defendant in the same case.
Disclosures: Parties must disclose important information and evidence to each other at the start of the case.
Discovery: The process of exchanging information and evidence before trial, which can include:
Interrogatories: Written questions that one party sends to the other.
Requests for Admission: A request for the other party to admit or deny certain facts.
Requests for Production of Documents: Asking for documents related to the case.
Requests for Inspection: Asking to inspect property or physical/mental exams.
Deposition: Out-of-court testimony under oath.
Motion for Summary Judgment (MSJ): A request to decide the case without a trial because the facts are clear and one party should win as a matter of law.
Standard for MSJ: MSJ is granted when there is no genuine dispute about material facts and one party is entitled to judgment as a matter of law.
Trial:
Voir Dire: The process of selecting jurors.
Witnesses:
Fact Witness: A person who testifies about facts they know related to the case.
Potential Shortcomings of Eyewitness Testimony: Issues like false memories (confabulation) or difficulty identifying people of different races (cross-race effect).
Expert Witness: A person with specialized knowledge who gives their expert opinion on technical matters in the case.
Appeal:
Generally Must Appeal Within the System: Appeals generally happen within the same system (state or federal).
State Trial Court to State Appellate Court to State Supreme Court: A case may be appealed from the state trial court all the way to the state’s highest court.
Federal Trial Court to Federal Circuit Court to U.S. Supreme Court: Appeals can also move from federal trial courts to the appropriate circuit court and, if needed, to the U.S. Supreme Court.
Appeal to Court of Appeal: A higher court reviews the decision of a lower court.
Appeal as of Right: Some cases must be appealed to a higher court.
Petition for Certiorari: A request for the U.S. Supreme Court to review a case. The Court has discretion in deciding whether to hear it.
Circuit Split
A circuit split occurs when different appellate courts in different regions of the country rule differently on the same legal issue. The Supreme Court may step in to resolve this.
Res Judicata
Res judicata means “a matter already judged.” It prevents a party from re-litigating the same issue in court after a final judgment has been made.