ANSWERS ALREADY GRADED A+ 2024 NEWEST UPDATE
What are the three levels of the federal court
US District Court
US Circuit Court of Appeals
US Supreme court
US district court has jurisdiction over?
civil and criminal cases
US Circuit Court of Appeals has jurisdiction over?
one or both parties being dis satisfied with the judgement in US district court
What are Uniform Laws and When do they apply?
An unofficial set of laws proposed for all states to adopt as written, for the purpose of
their being more uniformity of laws from state to state.
Substantive V Procedural Law
P-comprises the rules by which a court hears and determines what happens in civil,
lawsuit, criminal or administrative proceedings.
S-set of laws that governs how members of a society are to behave
.
IRAC
stands for Issue, Rule, Application, and Conclusion
How do you choose in which court you should file?
Attorneys choose the court that will find their side most favorable
Why is jurisdiction so important?
Jurisdiction is important because if a court does not have jurisdiction over a case, it
does not have the legal authority to pass judgment on the case. In order for a court to
make a binding judgment on a case, it must have both subject matter jurisdiction as well
as personal jurisdiction (the power over the parties to the case).
What is Law?
enforce- able rules governing relationships among individuals and between individuals
and their society.
What is judge-made law
The body of principles and doc- trines that form the common law emerged over time as
judges decided legal controversies.
What is stare decisis?
judges are obligated to follow the precedents established within their jurisdictions.
What makes the outcomes of a case unpredictable
, in arbitration they do not need to follow past cases to make a decision
What parties are called at the trial stage?
seating of the jury, testimony on behalf of the plaintiffs and testimony on behalf of the
defendants.
What parties are called at the appellate stage?
affirm the judgment, refuse to hear the appeal, reverse, or vacate and remand. The
appellate court may also remand the case to the lower trial court to address an
unresolved issue, or possibly for a whole new trial.
How do you write a complaint if you are filing in a court of general vs. limited
jurisdiction?
Decide the subject of the lawsuit
The sum in controversy
Whether it involves a felony or misdemeanor
Whether the proceeding is a trial or an appeal
What is standing?
capacity of a party to bring suit in court.
When will the supreme court hear a case?
To solve a dispute
To hear important cases
That speak to justices interests
When lower courts disregard past supreme court decisions
written decision by the court?
an opinion
What is a Certiorari?
an order issued by the Supreme Court to a lower court requiring the latter to send it the
record of the case for review.
How are attorney fees charged?
fixed fees
hourly fees
contingency fees
What are contingency Fees?
percentage of a client's recovery in certain types of lawsuits, such as a personal-injury
lawsuit. 21 If the lawsuit is unsuccessful, the attorney receives no fee, but the client will
have to reimburse the attorney for all out-of-pocket costs incurred.
Alternative Dispute Resolution
the parties themselves can control how they will attempt to settle their dispute.
Federal Arbitration Act
The parties themselves must agree on the manner of resolving their dispute. The FAA
pro- vides the means for enforcing the arbitration procedure that the parties have
established for themselves.
What is preemption?
idea that a higher authority of law will displace the law of a lower authority of law when
the two authorities come into conflict.
mediation
a neutral third party acts as a mediator and works with both sides in the dispute to
facilitate a resolution.