Judicial review:
“To say what the law is”
Jurisdiction:
The power of a court to decide a case
Personal jurisdiction:
The courts authority over a person or organization
Long-arm statue:
Gives courts power over who has significant connection
In rem jurisdiction:
Gives the state court authority over a dispute
Subject matter jurisdiction:
Weather a court has authority over a case is based on the matter of the case
Courts of general jurisdiction:
They have authority over every matter not covered by specific courts
Courts of limited jurisdiction:
Special purpose
Concurrent jurisdiction:
Two or more courts have jurisdiction
Diversity jurisdiction:
Involves people of diverse citizenship
Removal:
Transfer to another court
Erie Doctrine:
The federal court has to apply state law if the state has jurisdiction
Hypo #1
If the supreme court decided that a law made by congress was unconstitutional what result would there be?
-Judicial Review
Hypo #2
Bankruptcy court is an example of?
-Court of limited jurisdiction
Hypo #3
If there was a dispute over land in South Dakota what kind of jurisdiction would apply?
-In Rem jurisdiction
Venue:
The proper court to hear a case
United States District Court:
The main federal trial court
District Court Judges:
Appointed by the president
Magistrate Judges:
Handle cases assign by the district court judge; appointed by chief judge of the district court
Bankruptcy Courts:
Hear bankruptcy matters
United States Court of Appeals:
Hear appeals from district courts
Federal Circuit:
In Washington DC; receive cases on subject matter instead of geography
United States Supreme Court:
Final arbiter of of federal law
Appeal of Right:
Entitlement of appeal to court of appeals
Discretionary Appeals:
The supreme court wont necessarily agree to hear a case
Rule of Four:
Four of nine supreme court justices must agree to hear a case
Writ of Certiorari:
Supreme court exercising power to hear an appeal
Hypo #1
A company is going bankrupt. Before bankruptcy the company has taken out a loan. The bank files a lawsuit against them. What court will they go to?
-Bankruptcy court
Hypo #2
Someone working for FBI gives US secretes to another country. What circuit does this case go to?
-Federal circuit (matter of international security)
Hypo #3
There was a discretionary appeal between 2 banks. This case goes to the supreme court. How many judges must agree to hear this case and whats it called?
-4. Rule of 4.
Small Claims Court:
Appellate Court:
Intermediate Appellate Court:
Missouri Plan:
Substantive Law:
Procedural Law:
Civil Procedure:
Standing:
Pleadings:
Plaintiff:
Complaint:
Statute of limitations:
Hypo #1
Sam rented a house through Val. 30 days after Sam moved out they didn’t receive a deposit back from Val. What kind of court should Sam take val to?
-Small claims court
Hypo #2
Jack filed a complaint against Jaime. The time frame Jaime should reply falls under what law?
-Pleadings
Hypo #3
Jen is trying to sue Jake from a crime that happened 10 years ago. Why can they not do this?
-Statute of limitations
Discovery rule:
Defendant:
Summons:
Process of service:
Registered agent:
Motion to dismiss:
Answer:
Default judgement:
Counterclaim:
Reply:
Motion for the judgement on the pleadings:
Discovery:
Settlement agreement or release:
Confidentiality clause:
Privileged communication:
Attorney work product:
Interrogatories:
Request for production:
Depositions:
Transcript:
Request for admissions:
Expert witnesses:
Factfinder:
Subpoena:
Motion to compel discovery:
Motion for summary judgement:
Confession of judgement:
Motion in limine:
Bench trial:
Jury trial:
Pretrial conference:
Voir dire:
Challenge for cause:
Peremptory challenges:
Evidence witness:
Witness testimony:
Direct examination:
Cross examination:
Redirect:
Credibility:
Exhibits:
Hearsay Evidence:
Motion for directed verdict:
Closing arguments:
Jury instructions:
Verdict:
Judgement:
Post-trial motions:
Appellant:
Appellee:
Notice of appeal:
Interlocutory appeal:
Brief:
Satisfaction:
Levy:
Alternative Dispute Resolution:
Negotiation:
Mediation:
Mediator:
Arbitration:
Award: