Legal Terminology Chapter 6 Flashcards

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Questions and Answers

What is litigation?

An informal settlement process.

The process of filing claims in court. (correct)

A legal authority to hear a case.

The highest court in the country.

What does alternative dispute resolution refer to?

Any other formal or informal process used to settle disputes without resorting to a trial.

What do trial courts determine?

The facts of a particular dispute and apply the law given by earlier appellate court decisions.

What does jurisdiction refer to?

A court's power to hear a case. Signup and view all the answers

What is subject matter jurisdiction?

The authority of a court to hear a particular type of case. Signup and view all the answers

What are trial courts of limited jurisdiction?

Courts that may hear only certain types of cases. Signup and view all the answers

What characterizes trial courts of general jurisdiction?

They can hear a very broad range of cases. Signup and view all the answers

What is the most important court in the trial courts of general jurisdiction?

The general civil division. Signup and view all the answers

What is personal jurisdiction?

The legal authority to require the defendant to stand trial. Signup and view all the answers

What are the grounds for personal jurisdiction?

The defendant being a resident of the state, a formal defense step taken, or a long-arm statute. Signup and view all the answers

How many judges typically hear cases in appellate courts?

Three or more judges. Signup and view all the answers

What do appellate courts generally accept?

The facts given to them by trial courts. Signup and view all the answers

Who is the appellant?

The party filing the appeal. Signup and view all the answers

What is the appellee?

The party opposing the appeal. Signup and view all the answers

What allows both sides in appellate courts to submit written arguments on a case?

Briefs. Signup and view all the answers

What does 'affirmed' mean in legal terms?

Permitted to stand. Signup and view all the answers

What does 'eversed' refer to?

Nullified. Signup and view all the answers

What establishes the limitations on the types of cases federal courts can hear?

The U.S. Constitution. Signup and view all the answers

What are the two kinds of civil lawsuits permitted in federal court?

Federal question cases and diversity cases. Signup and view all the answers

What characterizes a federal question case?

A claim based on the U.S. Constitution, a federal statute, or a federal treaty. Signup and view all the answers

When do federal courts have diversity jurisdiction?

When the plaintiff and defendant are citizens of different states and the amount in dispute exceeds $75,000. Signup and view all the answers

What is the primary trial court in the federal system?

United States District Court. Signup and view all the answers

How many districts is the nation divided into?

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Who nominates all federal court judges?

The President of the United States. Signup and view all the answers

Who confirms the president's judge nominees?

The Senate. Signup and view all the answers

How many circuits of intermediate courts of appeals are there?

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Where do most suits about federal statutes begin?

In the district court for the District of Columbia. Signup and view all the answers

What is the highest court in the country?

United States Supreme Court. Signup and view all the answers

How many justices are on the Supreme Court?

Nine. Signup and view all the answers

What makes up the justices on the Supreme Court?

One chief justice and eight associate justices. Signup and view all the answers

What is a writ of certiorari?

A petition asking the Supreme Court to hear a case. Signup and view all the answers

What is an example of when a writ of certiorari may be filed?

If a party wants the Supreme Court to review a lower court ruling. Signup and view all the answers

How many justices must vote in favor of hearing a case before a writ will be granted?

Four of the nine justices. Signup and view all the answers

What is a complaint?

A short, plain statement of the facts and legal claims being made. Signup and view all the answers

What is the purpose of the complaint?

To inform the defendant of the general nature of the claims. Signup and view all the answers

Study Notes

Key Legal Terms and Their Definitions

Litigation: Process of filing claims in court, potentially resulting in a trial.
Alternative Dispute Resolution (ADR): Formal or informal methods for settling disputes without a trial.
Trial Courts: Courts that establish facts of a dispute and apply relevant law from earlier appellate decisions.
Jurisdiction: A court's power to hear and decide a case.
Subject Matter Jurisdiction: Authority of a court to hear a specific type of case.
Trial Courts of Limited Jurisdiction: Courts restricted to hearing certain types of cases.
Trial Courts of General Jurisdiction: Courts that can hear a broad range of cases, including virtually any civil lawsuit.

Personal Jurisdiction

Personal Jurisdiction: Legal authority to mandate a defendant to stand trial or pay judgments.
Conditions for Personal Jurisdiction:
- Defendant is a resident of the state where the lawsuit is filed.
- Defendant actively participates in the lawsuit.
- Long-arm statute applicability allows courts to reach out-of-state defendants.

Appellate Courts

Judges in Appellate Courts: Cases are typically heard by three or more judges together.
Appeals Courts: Review facts established by trial courts to check if legal errors occurred.
Appellant and Appellee:
- Appellant: Party filing the appeal.
- Appellee: Party opposing the appeal, usually the winner at trial.
Written Arguments: Both parties submit briefs outlining their legal arguments.

Court Outcomes

Affirmed: When a court ruling is upheld and permitted to stand.
Eversed: When a court ruling is nullified and overturned.

Federal Court System

Establishment: Federal courts operate under authority granted by the U.S. Constitution.
Types of Civil Lawsuits in Federal Courts:
- Federal question cases: Involving U.S. laws or treaties.
- Diversity cases: Involving parties from different states and exceeding $75,000 in dispute.

Federal Trial Courts

Primary Trial Court: United States District Court.
Number of Districts: The nation is divided into 94 federal judicial districts.
Judge Nomination and Confirmation:
- Nominated by the President of the United States.
- Confirmed by the Senate.

Appellate Circuits and Supreme Court

Circuits of Intermediate Courts of Appeals: There are 11 circuits.
U.S. Supreme Court: The highest court in the United States with nine justices, including one chief justice.
Writ of Certiorari: A petition for the Supreme Court to review a lower court's decision, requiring approval from four justices to move forward.

Legal Process and Initial Filings

Complaint: Initial document outlining the facts and legal claims of the plaintiff.
Purpose of the Complaint: To inform the defendant of the nature of the claims and the need to respond.

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Description

Test your legal vocabulary with these flashcards from Chapter 6. Each card provides a definition of key legal terms like litigation and alternative dispute resolution. Perfect for law students or anyone interested in understanding legal processes.