Chapter 2

Question 1

the judiciary’s power to examine and invalidate the actions of the executive and legislative branches is called

Answer 1

judicial review

Question 2

the power of a court to decide a case regarding certain legal matters

Answer 2

jurisdiction

Question 3

refers to the court’s authority over a particular person or organization

Answer 3

personal jurisdiction

Question 4

1. Courts have jurisdiction over people who reside in that state.
2. Courts have jurisdiction over those found in their state and properly served.
3. Courts have authority over those who consent to jurisdiction in that state.
4. Courts have jurisdiction over people who, although they do not live in the state and do not consent to that state’s authority, had sufficient contact with the state to make them subject to its laws.

Answer 4

create in personam jurisdiction (jurisdiction over a defendant)

Question 5

a law passed by the legislature giving courts power over people who have sufficient connections with the state

Answer 5

long-arm statute

Question 6

The US Supreme Court has ruled that a person or organization must have sufficient “(blank)” with the jurisdiction to be subject to its laws

Answer 6

minimum contacts

Question 7

gives a state court authority over a dispute when the property at issue is located within that state, even if its owner is not a resident of that state

Answer 7

in rem jurisdiction

Question 8

refers to whether the court has authority over the specific matter in controversy

Answer 8

Subject matter jurisdiction

Question 9

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

Answer 9

Tenth Amendment

Question 10

the states have (blank) over all matters that the Constitution does not specifically reserve to the federal government

Answer 10

exclusive jurisdiction

Question 11

state courts are (blank), which is to say that they have authority over every matter not specifically reserved for other courts

Answer 11

courts of general jurisdiction

Question 12

federal courts have the power to hear only cases derived from the authority given to it by under the US Constitution and the laws made under its authority

Answer 12

courts of limited jurisdiction

Question 13

1. Patent and copyright law disputes
2. Bankruptcy proceedings
3. Federal tax controversies
4. Admiralty disputes
5. Other matters that involve only federal law

Answer 13

Legal matters exclusively heard in federal court

Question 14

means two or more courts have jurisdiction over the same matter

Answer 14

concurrent jurisdiction

Question 15

involves people of diverse citizenship.

Answer 15

diversity jurisdiction

Question 16

the transfer of a case to another court is called

Answer 16

removal

Question 17

established that when federal courts exercise jurisdiction over cases arising out of state law, they must apply state rather than federal law

Answer 17

Erie doctrine

Question 18

proper court or forum to hear a case

Answer 18

venue

Question 19

the main federal trial courts and federal lawsuits typically originate in them.

Answer 19

US District Courts

Question 20

a court that acts as a fact finder through the process of listening to testimony and considering other evidence

Answer 20

trial court

Question 21

are appointed by the President and are subject to confirmation by the US Senate

Answer 21

District court judges

Question 22

who handle cases, or portions of cases, assigned to them by a district judge—are appointed by the chief judge of the district court for a term of eight years

Answer 22

magistrate judge

Question 23

also known as circuit courts, hear appeals from the district courts

Answer 23

US Court of Appeals

Question 24

based in Washington, DC, is the only division of the court of appeals to receive cases based on the subject matter of the case rather than the geography of the lower court.

Answer 24

Federal Circuit

Question 25

the final arbiter of federal law

Answer 25

US Supreme Court

Question 26

meaning that they are entitled to appeal to the court of appeals.

Answer 26

Appeal of right

Question 27

meaning that the Supreme Court will not necessarily agree to hear a case appealed to it

Answer 27

Discretionary appeals

Question 28

requires that at least four of nine Supreme Court justices must vote to hear a discretionary appeal

Answer 28

Rule of four

Question 29

means the court is exercising its discretionary power to hear an appeal

Answer 29

writ of certiorari,

Question 30

States generally have one or more lower-level courts referred to as

Answer 30

municipal courts

Question 31

A court that hears civil law cases where a small amount ofmoney is in dispute is called a

Answer 31

small claims court

Question 32

Parties usually have the right to have trial court decisions reviewed by a state

Answer 32

appellate court

Question 33

a court that hears appeals from state trial courts and is subject to the authority of a higher court, usually called the supreme court

Answer 33

intermediate appellate court

Question 34

utilizes a commission to appoint judges

Answer 34

Missouri Plan

Question 35

sufficient interest in the controversy to bring the case

Answer 35

standing

Question 36

refers to matters of substance and creates legal rights and duties

Answer 36

Substantive law

Question 37

portion of the law that dictates how rights can be enforced or taken away

Answer 37

Procedural law

Question 38

the procedural law for civil, rather than criminal, cases is called

Answer 38

Civil procedure

Question 39

documents filed with the court that state the legal position of the parties.

Answer 39

Pleadings

Question 40

sometimes known as the petitioner, who brings the lawsuit, also known as an action

Answer 40

plaintiff

Question 41

the document that initiates the action is the

Answer 41

complaint

Question 42

a law that states the maximum amount of time a party has to file a lawsuit after the incident giving rise to the lawsuit occurred

Answer 42

Statute of limitations

Question 43

extends the statute of limitations by the amount of time that a reasonable person would not have had any idea that a claim existed

Answer 43

discovery rule

Question 44

the person being sued in a lawsuit is the

Answer 44

defendant

Question 45

which is also referred to as the original notice, is a document that formally advises the defendant that a complaint has been filed against them in a court of law

Answer 45

summons

Question 46

which is the formal way the summons must be delivered to the defendant.

Answer 46

process of service

Question 47

the person officially listed with the government in the state where the company is incorporated or organized.

Answer 47

Registered agent

Question 48

describes the specific grounds for the defendant’s argument and asks the judge to dismiss the case before any other proceedings are held

Answer 48

motion to dismiss

Question 49

the defendant’s formal response to the complaint.

Answer 49

answer

Question 50

the plaintiff obtains a judgment against the defendant because of the defendant’s failure to defend the case

Answer 50

default judgement

Question 51

A defendant can respond to the plaintiff’s claim with the defendant’s lawsuit against the plaintiff

Answer 51

counterclaim

Question 52

In response to a counterclaim, the plaintiff is required to file a

Answer 52

reply

Question 53

a motion requesting the judge rule based on the pleadings only

Answer 53

motion for a judgment on the pleadings

Question 54

the process by which the parties find out what evidence is available to be presented at trial.

Answer 54

discovery

Question 55

the contract between the parties that spells out the terms of the settlement is called a

Answer 55

settlement agreement or release

Question 56

keeps the terms secret is referred to as a

Answer 56

confidentiality clause

Question 57

involves communication between attorneys and their clients.

Answer 57

Privileged communication

Question 58

the attorney’s own notes, strategies, and intra-office communication

Answer 58

attorney work product,

Question 59

written questions that the other side must answer under oath

Answer 59

Interrogatories

Question 60

a demand for documents that are relevant to the issues being litigated

Answer 60

request for production

Question 61

an opportunity for each side to interview the other party, or other potential witnesses such as an employee, under oath prior to trial

Answer 61

Depositions

Question 62

ask the other side to admit that certain facts are true

Answer 62

requests for admissions

Question 63

provide opinions about the evidence related to incident

Answer 63

expert witnesses

Question 64

the judge in a bench trial or the jury in a jury trial

Answer 64

fact finder

Question 65

In order to obtain the relevant information, the court may issue an order to a third party, called a

Answer 65

subpoena

Question 66

the person who received the subpoena may file a (blank) to challenge the appropriateness of the subpoena and/or how it was delivered

Answer 66

motion to quash

Question 67

If the parties reach an impasse, the party requesting disclosure of information may file a

Answer 67

motion to compel discovery

Question 68

the party seeking to limit disclosure may ask the judge to issue a

Answer 68

protective order

Question 69

often filed near the end of the discovery process to ask the judge to decide some or all matters in controversy before the trial

Answer 69

motion for summary judgment

Question 70

the defendant offers to pay a certain amount of money to settle the case

Answer 70

confession of judgment

Question 71

generally filed just before the trial to prevent juries from hearing about certain irrelevant information learned during discovery

Answer 71

motion in limine

Question 72

In a trial without a jury, a judge acts at the fact finder, and the trial is called a

Answer 72

bench trial

Question 73

In civil cases, generally one of the parties must ask for a

Answer 73

jury trial

Question 74

A few weeks before trial, especially in jury trials, the judge may summon the parties to the courthouse for a

Answer 74

Pretrial conference

Question 75

parties have an opportunity to question potential jurors

Answer 75

Voir dire

Question 76

a request that the judge remove the juror for a specific reason

Answer 76

challenge for cause

Question 77

potential jurors are excused without the attorneys having to disclose a certain reason

Answer 77

peremptory challenges

Question 78

where the side that called the witness asks questions

Answer 78

Direct examination

Question 79

in which the other side asks questions but only on subjects related to the direct examination

Answer 79

Cross-examination

Question 80

which allows the party that originally called the witness to cover items covered during cross-examination

Answer 80

redirect

Question 81

When information other than oral testimony of witnesses is presented in court, the pieces of information are called

Answer 81

exhibits

Question 82

a request to dismiss all or part of the plaintiff’s case because the plaintiff failed to assemble enough evidence to carry the plaintiff’s burden of proof

Answer 82

motion for a directed verdict

Question 83

In the event the judge overturns the jury’s decision

Answer 83

judgment notwithstanding the verdict or a judgment NOV

Question 84

an appeal prior to the trial court’s final judgment.

Answer 84

Interlocutory appeal

Question 85

a lengthy written argument with citations to the law and evidence supporting the party’s arguments

Answer 85

brief

Question 86

formal document filed with the court indicating that the judgment has been paid.

Answer 86

satisfaction

Question 87

means to seize assets or funds

Answer 87

levy

Question 88

a legal procedure by which a third party acts as a garnishee and turns over property to the plaintiff bringing the garnishment proceed-ing

Answer 88

Garnishment

Question 89

use of alternative methods to resolve legal disputes without the use of a trial

Answer 89

Alternative Dispute Resolution (ADR)

Question 90

occurs when the parties, with or without an attorney representing them, seek to resolve their legal dispute prior to trial

Answer 90

negotiation

Question 91

when the parties rely on a neutral third party called a mediator to help them negotiate a resolution

Answer 91

mediation

Question 92

uses a third party but differs from negotiation and mediation in that it results in a final decision, referred to as an award

Answer 92

arbitration