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Litigation I

TermDefinition
Hourly Rate Biling Amount billed based on hours worked
Tasked Based Biling Price set for task depending on nature or degree of difficulty
Flat Fee Billing Set price to handle matter from start to finish
Contingency Fee Amount to be paid only if client wins
Retainer Fee Amount paid upfront to secure legal services and to cover anticipated costs
Value Biling Law firm estimates what representation will cost
Multi-jurisdiction Practice The practice of legal services in states other than which the attorney is licensed to practice
Antitrust Caases Involve unfair trade practices
Security Cases Disputes over stocks, bonds, certificates, and other financial property
Trial Court Decide questions of law and fact
Trial Court Names District Court, County Court, Superior Court, Common Pleas, Traffic Court, City Court, Justice of the Peace, Family Court, Probate, Juvenile Court, Criminal Court
Appellate Court Consider question of law only
Appellate Court Names Supreme Court, Court of Appeals, Supreme Judicial Court, Supreme Court of Appeals
Intermediate Appellate Court Court in some states between Trial Court and Appellate Court
Jurisdiction Power or authority of a court to hear and decide a case
Geographical Jurisdiction Hear cases that arise within a specific boundary
Personal Jurisdiction Power over person named in lawsuit gained by serving a summons against person
In Rem Jurisdiction Authority of court to seize property within its geographical jurisdiction
Quasi In Rem Jurisdiction Authority of court to seize and use property of defendant to pay a judgement against the defendant
Subject Matter Jurisdiction Authority of court based on type of case being tried
General Jurisdiction Authority to hear all types of cases
Original Jurisdiction Where the case originated
Limited Jurisdiction Limits authority to specific types of cases
Jurisdictional Amount Authority limited based on the amount of money claimed
Removal Jurisdiction Authority to remove a case from state court to federal court if federal court has jurisdiction
Federal Court Constitutional Court Judges are tenured for life United States Supreme Court, United States Court of Appeals, and United States District Courts All have limited jurisdiction
United States District Court Federal Trial Court
Federal Question Civil actions involving constitutional law, treaties, citizenship-money claimed exceeds $75,000 and is citizens of different states
United States Court of Appeals Federal Intermediate Appellate Court Subject matter jurisdiction over patent, trademark, plant variety protection, U.S. claims appeals, governmental employment, and international trade.
United States Supreme Court Highest level appellate federal court Has authority over constitution and supremacy of federal law, contorversy between states, foreign states, U.S. and state, state against citzens of another state or aliens. Requires writ of certiorari
State Courts Also have intermediate and final appellate courts General jurisdiction Judges can be elected or appointed
Venue Determines where case should be heard Usually county in which defendant resides or where incident happened
Created by: jhatch