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Civil Litigation and ADR Fall 24, Chs. 1, 2

Horizontales
A court of appeals can either affirm the decision of the lower court, reverse the decision of the lower court, or ___ the case for a new trial in the lower court consistent with the appellate court's decision.
Where more than one court system (for example, a state court and a federal court, or two or more state courts) have the legal power or authority to hear a case, those courts have ___ jurisdiction.
In the federal court system, the trial courts of general jurisdiction are called ___ courts, and there are 94 of them.
___ jurisdiction is the power of a court to bring a party before it and to make a decision binding on such a person. Personal jurisdiction differs from venue, which refers to the specific geographical location of the court or courts where an action should be brought, for example the proper county court within the state that has personal jurisdiction over the defendant.
Where only one court system has the power or authority to hear a case, that court has ___ jurisdiction.
In International ___ Co. v. Washington, 326 U.S. 310 (1945), the U.S. Supreme Court held that in order for a court to have personal jurisdiction over a nonresident defendant, that defendant must have had sufficient “minimum contacts” with the forum state to satisfy “traditional notions of fair play and substantial justice.”
Whereas an intermediate court of appeals' review of a case is usually mandatory, a supreme court (court of last resort) typically has a ___ right to review a case.
When a defendant does not voluntarily pay a judgment against them, the plaintiff can ask the court to issue a ___ of execution, which is a court order authorizing the seizure and sale of a person's property in order to satisfy a judgment against that party.
Laws defining rights and responsibilities involving private conduct between parties are ___ laws.
The process of resolving private disputes through the court system.
Laws that prohibit harmful conduct that is considered an offense against society as a whole and which define the punishment for such conduct are ___ laws.
The name of the court in which the parties in a case first file pleadings and present evidence to a judge or a jury is a ___ court.
One of the common forms of ADR, ___ is an out-of-court process, similar to a trial, in which a third party called an arbitrator hears both sides and makes a decision, sometimes binding, sometimes not binding.
A “legal ___” or “___ of law” occurs when the trial court errs in the way it interprets a law or applies a law to a situation. Most common examples include: a misstatement of the law in an instruction to the jury, admitting into evidence a piece of evidence or testimony that should by law be excluded from evidence (examples--irrelevant or illegally obtained evidence) or not admitting evidence that by law should be allowed into evidence.
The court that a party can ask to review a decision of a lower court (trial court) if the party is not happy with the trial court’s decision is the court of ___.
Unlike a court of general jurisdiction which can hear any cases not within the exclusive jurisdiction of a different court, a court with ___ jurisdiction can only hear certain kinds of cases. Examples--juvenile court, traffic court, family court.
___ is the process, governed by the rules of civil procedure, through which the parties uncover facts, documents, and other evidence in possession of the opposing party or a third party.
___ jurisdiction is the power of a court to conduct a trial in a case, or the right to be the first court to hear the case.
Laws that create, define, or explain our rights or obligations are ___ laws.
Verticales
A request that a judge make a ruling or take some other action, such as for an extension of time to file a document, or a request to dismiss the case or a request for a summary judgment, is called a ____.
A party wishing to have their case reviewed by the U.S. Supreme Court files a petition for writ of ___, explaining why the Court should accept the case for review.
Acronym commonly used for alternative dispute resolution, the methods that parties use to resolve a civil dispute without a trial. Can take place before a complaint if filed, or during the litigation process.
A court must have ___, or the power or authority to decide a particular case, in order to resolve a dispute between two parties.
Courts now require that documents be filed and maintained ___ rather than on paper.
The primary function of a trial court in civil cases is to determine the true ___ of a case, then apply the appropriate legal principles to arrive as a resolution of a dispute.
___ matter jurisdiction is the authority a court has to hear a particular kind of case.
Laws or rules that set out the accepted methods used to enforce one's rights or obligations, or to oppose claims made against a party are ___ laws.
A federal court has ___ jurisdiction where the case arises under state law, but (a) the plaintiff and defendant are not citizens of the same state, and (b) the amount in controversy exceeds $75,000.
There are 13 geographically organized, intermediate level appellate courts, called U.S. Courts of Appeals, also called ___ Courts of Appeals.
A federal court's right to decide a claim based on a nonfederal issue if this claim depends on the same set of facts as does a federal claim in the case before the court is called ___ jurisdiction.
Publications that explain or describe the law are called ___ sources. Examples include form books, legal encyclopedias, Restatements of the law, practice manuals, textbooks, and legal periodicals.
One of the common forms of ADR, ___ is a nonbinding process in which a mediator, or neutral third party, helps the parties come to a resolution of a claim.
A proceeding in court where the parties present their evidence to the judge or jury, who then decides the outcome of the dispute.
One of the common forms of ADR, ___ is where disputing parties discuss the claim with one another and try to come to a voluntary resolution of the conflict.
The court of __ does not retry the case nor decide questions of fact. The court of ___ only reviews the record (court filings, transcript) of the proceedings at the trial court level to determine whether any substantial legal error occurred which resulted in an unfair trial.
The complaint and answer are referred to as the ___ in a civil suit.
In a case where the state court and federal court have concurrent jurisdiction, if the plaintiff files the case in state court, the defendant can file a notice of ___, requesting that the case be transferred from the state court to the federal court.
___ sources are sources of the law itself. Includes federal and state constitutions, federal and state rules of civil procedure and local court rules, federal and state statutes, and case law.
State court systems are creations of the state ___ in which they are located, but they are generally similar in structure and function to the federal court system.
A substitute in some cases for personal jurisdiction, where property has to be the subject of the suit, in ___ jurisdiction is the power of a court to bring a party before it and to make a decision binding on the property at issue.