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| "It's been decided" An issue decided in one case between parties is binding upon the parties in another case between the parties. it wont be litigated again. Cant sue again later for same thing |
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| One or more members of a group of injured parties sue on behalf of the group |
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A person needs a tangible interest in a lawsuit to sue or become a party.
Ex. Neighbors suing for a car accident |
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| "To speak the law"- the authority of a court to decide a case |
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| Proper venue is the place where a case may properly be heard under the law. Where the person lives and where it took place. |
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| The process of litigation resulting in a binding(enforceable) final judgementis the legal process by which an arbiter or judge reviews evidence and argumentation including legal reasoning set forth by opposing parties or litigants to come to a decision which determines rights and obligations betwen the parties involved. |
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| A trial system where the evidence is presented by party opponents rather than through questions of a judge. Judge not asking questions. |
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| The testimony of witnesses and the documents and objects admitted to consideration as part of that testimony. |
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| The highest appellate court (court of last resort) in both the stat and federal system- appeals from state supreme courts are taken to the United States Supreme Court. |
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| Court of Appeals (Circuit Court of Appeals) |
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Definition
| The intermediate appellate courts- typically the first court to which an aggrieved party(loser) may appeal. |
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| Circuit Court of County (District Court) |
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Definition
| The trial court of general jurisdiction in which most important cases are filed |
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| Courts of Limited Jurisdiction |
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Definition
Courts whose authority is limited by subject matter or the amount in controversy.
a. Small Claims Court--$3000 or less
b. Associate Division of the Circuit Court--$25000 or less than $3000.
c. Probate Court- estates of decedents, minors or incompetent persons |
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Term
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Definition
1. Circuit
2. Appeal(District)
3. State Supreme
4. District Supreme |
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| Federal Levels by Priority |
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Definition
1. District
2. Appeal (Circuit)
3. State Supreme
4. Federal Supreme. |
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Term
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Definition
Jurisdiction over the defendant. A state or federal court has personal jurisdiction over the defendant
A. Residents of the state where court sits.
B. Persons or entities at least with Minimum Contracts( certain amount of connection with state to bring them there) with the state where the court sits.
C. Long Arm jurisdiction statutes: typically provide for jurisdiction over a defendant who has entered a contract in the state, committed a tort or has minimum contracts in with the state. |
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| Subject Matter Jurisdiction(Type of lawsuit) |
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Definition
Refers to the limitations on the types of cases a court can hear. Certain courts are empowered to hear certain kinds of disputes.
A. Federal Question Jurisdiction- federal courts have subject matter jurisdiction over cases which involve a question of federal law.
B. Diversity of Citizenship- federal courts have jurisdiction over cases where the parties(plaintiff and defendant) are from different states and the amt involved in controversy exceeds $75000
C. State courts have subject matter jurisdiction where there is not exclusive federal jurisdiction |
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| Exclusive vs. Concurrent Jurisdiction |
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Definition
Exclusive: either a federal or state court is the only court which may hear a case ( not both)
Concurrent Jurisdiction: both federal and state courts have jurisdiction over the type of case. The plaintiff chooses to file in one or the other.
Ex. Federal: patent law and bankruptcy law
State: family law; probate law
Both: employment discrimination |
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| A binding process in which an arbitrator hears evidence and enters an enforceable decision. Generally much less costly than a trial and eliminates appeals. |
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| An attempt by disputing parties to resolve their dispute informally, with or without attorney's present |
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| a non-binding process in which a mediator aids parties in negotiating a dispute. Often judges get involved in mediation through required settlement conferences before the trial judge or another judge. |
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| A shortened trial before an unofficial jury which makes a non-binding, advisory decision, often ordered by a judge in complex cases to help the parties settle the case. |
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| a shortened trial before an unofficial judge, who makes a non-binding decision (recommendation) |
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| a shortened trial before an unofficial judge, who makes a non-binding decision (recommendation) |
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| Resolution of a dispute with as little cost of time and money as possible. |
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