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MS 331 Ch2
Chapter 2: Dispute Resolution
| Question | Answer |
|---|---|
| In order to hear a case a court must have ______, the ______ must be proper, and the plaintiff must have _______. | Jursidiction; venue; standing |
| A court generally must have geographic/___________ over the defendant or property involved | personal jurisdiction |
| Describe Long Arm Statues | (state court); a court can exercise personal jurisdiction over a person/business even if they do not reside in the geographic court as long as the defendant has MINIMAL CONTACTS |
| In addition to geographic/personal jurisdiction, courts must also have __________ jursidiction | subject matter |
| Bankruptcy cases being heard/tried by the Federal bankruptcy court and not state court is an example of _____ | subject matter jurisdiction |
| Claims for money $10,000 or less, tort/personal injury actions $5,000 or less, evictions, and repossessions of property are the most common examples of _________ | small claims cases |
| ________ refers to the scenario when one specific court can hear the case (i.e. only state or only federal) | Exclusive Jurisdiction |
| ________ refers to the scenario when multiple courts can hear the case (i.e. Federal AND state) | Concurrent Jurisdiction |
| What is an example of Federal Question jurisdiction? | Intellectual Property Law |
| Any time when a federal court can hear a case where (1) parties reside in different states and (2) money exceeds $75,000 is referred to | Diversity Jurisdiction |
| T or F: Cases in certain circumstances can be removed from state to federal court | True |
| What is the term for the most appropriate physical location for the trial? | Venue |
| In civil cases the venue is generally ____ | where the defendant resides |
| In criminal cases the venue is generally _____ | where the crime occurred |
| A party must have ______ to sue | standing |
| Standing includes a _____ and ______ at stake in litigation | legally protected; tangible interest |
| Controversy in question must be _____ | justiciable |
| Justiciable includes ____ and _____ not imaginary | real; substantial (i.e. must suffer a real and substantial loss) |
| How are judges appointed in most states? | election! |
| Courts generally consist of __/___ court, ____ court, and ______ court | Trial/District; appealate; state supreme |
| Courts of limited jurisdiction consist of ____ court and ____ court | small claims; family |
| In Wisconsin (as of 2014) there are __ Justices who are elected to ___ year terms | 7; 10 |
| Judges appointed by the President, affirmed by the Senate, can take _____ and hold office for ____ (unless extenuating circumstances) | year; life |
| Bankruptcy court and tax court are examples of | specialized courts |
| There are ___ federal district courts | 94 |
| What is the "highest law in the land"? | the Supreme Court |
| How many justices are there in the supreme court? | 9 |
| Cases are chosen to be taken to the Supreme Court. How is this decision made? | 4/9 of Justices vote to approve the case |
| The active process of working a case through the court system | Litigation |
| the party filing the complaint/starting the lawsuit | plaintiff |
| the party being accused/sued by the plaintiff | defendant |
| What is the starting point of civil cases? | Pleadings |
| Pleadings are separated into the ____ followed by the ____ | complaint; answer |
| Both the complaint and answer must follow ________ | procedural guidlines |
| Complaint: Contains facts necessary to show the court has ____ over the matter; a summary of the acts necessary to logically show the _____ is entitled to a remedy, and a ____ of the specific remedy sought after | jurisdiction; plaintiff; statement |
| Answer: ____ or _____ statements or allegations in complaint | admits; denies |
| Answer: May include _____ such as _________ | defenses; affirmative defense |
| Answer: can include _____ | counter claim |
| A motion appropriately filed with the court after the initial pleadings for the court to assert an action before trial is called | Pretrial Motion |
| Pretrial motions usually find in favor of the _____ | filing party |
| _______ is a request by moving party to dismiss the case | motion to dismiss |
| Motion to dismiss usually is done when there is ______ | a technicality (i.e. improper delivery of summons, improper venue, failure to state a claim) |
| If a case is dismissed _______, the plaintiff can refile | without prejudice |
| If a case is dismissed _______, the plaintiff cannot refile | with prejudice |
| ____ is motion made at the closing of the pleadings, granted if there are no ______ and is only over application of the law | Judgement on the pleadings; factual disputes |
| After Pleadings and Pretrial Motions, the case moves on to ____ | Discovery |
| The process of obtaining information/evidence from the other party or third parties | Discovery |
| ____ is often the most expensive part of litigation | Discovery |
| Discovery is used to help ______ case for ______ | build/reduce; each party |
| Sworn testimony by a witness or party to the lawsuit that is asked by attorneys from both sides and is available to both parties | Depositions |
| The person being deposed is _____ | the deponent |
| _____ are written question and answers prepared and answered under oath; parties are obligated to answer the questions (___,___,or____) | Interrogatories; (Y,N, or No Knowledge) |
| It is up to the ____ to develop the case, the ____ isn't meant to | attoorney; judge |
| ____ is an informal conference between judge and the attorneys regarding opportunity for case to settle; courts have ___ resources | Pretrial conference; scarce |
| Through discovery ____ often surfaces weakening or strengthening one parties claims | evidence |
| Throughout litigation, ___% of cases settle or are dismissed | 97 |
| Is the case is not settled, go on to ____ | jury selection |
| The Jury Selection process, _____, is where attorneys ask prospective jurors peremptorily without cause | Voir Dire |
| After jury selection, Attorneys provide ______ | opening arguments |
| After opening arguments; the _____ presents evidence to admit the court | plaintiff |
| Process _____ until all ______ is admitted/denied | continues; evidence |
| At the end of the evidence admitted/denied, the ___ can motion for ____ | defendant, directed verdict (JMOL) |
| If the JMOL is not granted, then ______ | the plaintiff can object and cross-examine witnesses |
| _________: Each attorney summarizes the facts and evidence and tells their client's story in the most favorable way possible | Closing Arguments |
| The _____ specifies the jury's findings and liability | verdict |
| A ___ decides money remedies while a ___equitable remedies | jury; judge |
| _____ has specialized knowledge/experience who provide opinions that help jurors decide issues | Expert Witness |
| Motion ____ granted only if the jury's verdict was unreasonable and erroneous | JNOV |
| Motion ________ - Judge may grant if after looking at all the evidence they decide the jury was in error | for New Trial |
| If party to case is unhappy with the verdict, they can _______ the case to the higher court | appeal |
| ________: The appeals court can affirm, reverse, remand (send back), or modify the ___ decision | Appeallate Review; lower court's |
| A ___ is a schedule of cases | docket |
| CCAP - _____ cases and PACER - ______ cases. | state; federal |
| __________ is a growing alternative to court | Alternative Dispute Resolution |
| In alternative dispute resolution: Unless ____, there is no record, which could be important when dealing with _____ | court ordered, trade secret |
| What are the most common forms of Alternative Dispute Resolution? (3) | (1)Negotiation (2)Mediation (3)Arbitration |
| Negotiation: parties subject to dispute work out the issue themselves, often the precursor to ____ | litigation |
| Mediator: (_____) talks face-to-face with parties to determine "common ground" | objective third party |
| Arbitration: _____ method of ADR | formal |
Created by:
savelae