american legal system
Terms
undefined, object
copy deck
- jurisdiction
- power of the court to hear a case and render a binding decision
- types of jurisdiction
- in personam, in REM, and jurisdiction against a corporation
- In personam
- jurisdiction over the person, affecting legal rights of a specific person
- In REM jurisdiction
- the power of a court to render a decision that affects the property directly rather than the owner of the property (IE selling the property to pay for the taxes)
- Long arm statues
- if an accident happens in california and the person goes back to Florida, the Ca court can make the person come back to ca if they have SUFFICIENT MINIMUM CONTACT With the state
- Zippo case
- internet sites are subject to jurisdiction but it depends on the degree of interactivity. The higher the interactivity, the higher the chance or jurisdiction.
- What jurisdiction can be done in the state court?
- most jurisdiction can be done here. judges dont serve for life so they favor the locals
- what jurisdiction can be done in the exclusive federal court?
- deals with cases of bankruptcy and admiralty. judges dont serve for life so not likely to favor the local.
- concurrent juristiction
- can be in either court. must have a federal question or complete diversity and must involve over $75000
- Gafford v GE
- motions to remove to fed court.
- motion for change of venue
- other person can ask to be changed to different court but only if the judge allows it
- motion to DQ judge
- conflict of interest- can be done by the judge or one of the sides of the court
- Marbury V Madison
- court has the power to determine whether a law passed by the legislature violates the constitution (a case)
- judicial restraint
- says courts should refrain from determining the constitutionality of a legislative act unless absolutely necessary.
- Judicial activism
- says courts need to take an active role in encouraging political, economic, and social change
- Federal courts
- district courts--> courts of appeal-->supremes
- state courts
- court with no uniform structure, lower trial courts.
- commencement of litigation
- complaint, service of the summons, motion to quash jurisdiction, answer/motion to dismiss
- voir dire
- the process of deciding which jurors are capable of being a part of the juror
- petit juries
- anywhere between 6 and 12 jurors, must have more than half vote, unanimity not required
- preemptory challange
- attorneys havce 3-5 per trial, can dismiss juror for any reason, used when you know they aren't good for the case but cant prove a cause.
- Grand juries
- a group of 12-23 citizens convened in private to decide whether enough evidence exists to try the defendant for a felony- indictment
- mock trial
- before the trial, hire jurors to help you. almost every big case has one
- shadow jury
- hire them and they sit in the visitors box, gives feedback at the end of the day as to how they saw the trial.
- neurolinguistic
- working on the subconscious, using repetition to make the jury remember
- mirroring
- the attorney copies the body language of one of the jurors
- The one sis got wrong and christin got right
- jurors cant ask questions and SOMETIMES cant take notes
- pretrial
- negotiations, complaint, service of process, answer of motion, discovery
- counterclaim
- suing the plaintiff so that it is A vs B and B vs A instead of having 2 trials
- cross claim
- a 3rd party that is involved
- discovery
-
interrogation, requests to admit, depositions
try to tie down answers so that if they say something else in the trial you can impeach it by reading the deposition - depositions
- oral questioning under oath in front of a court reporter, can last at least for a 12 hour stretch. Attorney can help out by objecting to questions, etc.
- interrogations
- asking questions to the other group, sometimes used to get names of people who you want to do the sepositions on.
- subpoena for deposition
- bring in a 3rd party to help for the case
- request for production documents
- you have to be specific when requesting documents, but you can get whatever documents the other side has.
- pretrial motion in limine
- court order in advance that no questions come up about certain issues.
- Trial
- jury selection, plaintiffs case, motion for direct verdict, defendants case, jury instructions, closing arguments
- plaintiffs case/defendants case
- attorney questions them, can only be asked direct questions, then cross examiner can ask leading questions.
- jury instructions
- the judge instructs the jury of the law
- post trial motions
- "NOV" not on verdict, believing that there is no way the jury could have come up with that verdict unless they were bias.
- Appellate procedure
- certiorari, preparing the case for appeal, response by the respondent, and possible results
- certiorari
- "cert" convince why your case should be heard.
- preparing the case for appeal
- filing a notice of appeal, appellate brief, points and authority
- response by the respondent
- reply, oral argument
- possible results
- affirm, modify, reverse, or remand