the doctrine of judicial review allows the judicial branch to decide whether laws or actions of the other two branches are constitutional |
the power of judicial review has remained unchallenged since Marbury v. Madison |
Marbury v. Madison |
Case? |
A long arm statute allows one state's court to exercise jurisdiction over a defendant from another state who has minimum contacts with the state in which the court is located. |
concurrent jurisdiction |
cases involving federal questions and diversity of citizenship cases |
exclusive state jurisdiction |
cases involving all matters not subject to federal jurisdiction |
exclusive federal jurisdiction |
cases involving federal crimes, bankruptcy, patents, copyrights, trademarks, and suits against the US |
venue |
* |
standing to sue |
three elements: causation, remedy, and harm * |
original jurisdiction |
exists with courts that have the authority to hear a case for the first time called trial courts |
subject matter |
limits the court's jurisdictional authority to particular types of cases and can be either limited or general jurisdiction |
appellate jurisdiction |
exists with courts of appeal and review |
a federal court can exercise jurisdiction if a case involves a treaty, the Constitution, or a federal law |
Order of most court systems |
trial court, intermediate appellate court, supreme court |
trial courts |
often deal with questions of fact |
appellate or reviewing courts |
deal with questions of law |
the Supreme court has to issue a writ of certiorari before it hears a case |
litigation is the process of moving a case through the courts |
a default judgement is NOT involved in the two basic pleadings of a lawsuit |
A deposition is given orally by a party to a lawsuit or a witness before a trial |
pretrial conference |
a pretrial hearing after discovery. the goal is settlement |
jury selection |
during the process of void dire, prospective jurors can be challenged |
At the conclusion of the plaintiff's case, the defendant's attorney may ask for a directed verdict. |
When a jury reaches its decision, it typically issues a verdict in favor of one party. |
When the jury clearly misapplied the law or misunderstood the evidence, a judge will grant a motion for a new trial |
if someone loses a trial, they can make a motion for a judgement not withstanding the verdict |
motion for a judgement not withstanding the verdict |
* |
filing the appeal |
the appealing party files a notice of appeal with the trial court |
appellate review |
the appellate court does not hear evidence. they may affirm or reverse the trial court's judgement or remand the case for further proceedings |
Your attorney prepares a brief to present to the appellate court when you decide to appeal the trial court's decision. |
The public has access to electronic court filings through a system called PACER |
negotiation |
a process in which parties attempt to settle their dispute without going to court with or without attorneys to represent them; meet informally |
mediation |
settling the disputes in which a neutral third part assists disputing parties in reconciling their differences |
online dispute resolution |
the resolution of disputes with the assistance of organizations that offer dispute-resolution services via the internet; best for resolving small sized business claims |
Alternative dispute resolution (ADR) |
the resolution of disputes in other ways than those involves in traditional judicial process (negotiation, mediation, and arbitration) |
negotiation is the simplest form of ADR because it is informal and does not require a third party like arbitration, mediation, and facilitation |
in arbitration, the arbitrator hears the dispute and imposes a solution on the parties |
arbitration |
the parties present their argument snap evidence to an arbitrator at a hearing and the arbitrator renders a decision resolving the dispute |
arbitration clause |
a part of the contract that provides that the parties will submit the dispute to arbitration rather than litigate the dispute in court |
award |
the arbitrator's decision |
major non-profit ADR provider is the AAA |
arbitrability involves a court deciding whether a matter is one that must be resolved through arbitration. |
most states have adopted the uniform arbitration act |
When one party files a lawsuit to compel arbitration, the courts must resolve the issue of arbitrability. |
90%of cases are settled through some form of ADR |
