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: