1. Jurisdiction: the power to speak the law
    1. It is important because it determines who hears the case; if a court doesn’t have jurisdiction, then it can’t hear a case
    2. Venue: the most appropriate location for a trial
    3. It is important because it determines what law applies, or if judges have a certain bent or tendency
    4. Standing: the “front door”
    5. It is important because it determines if someone is a stakeholder in a lawsuit enough to justify seeking relief through the courts
    6. 3 basic judicial requirements to be met before a lawsuit can be brought before a court:
    7. Jurisdiction
    8. Venue
    9. Standing to Sue: harm + causation + remedy
    10. Justiciable controversy: a controversy that is not hypothetical or academic, but real and substantial. A requirement that must be satisfied before a court will hear a case
    11. Subject matter jurisdiction: jurisdiction over the subject matter of a lawsuit
    12. Different from “in personam” jurisdiction because the latter is jurisdiction over a person
    13. In personam jurisdiction: personal jurisdiction over any person or business that resides in a certain geographical area
    14. In rem jurisdiction: jurisdiction over the thing
    15. Service of process: formally notifying the defendant of a lawsuit
    16. Key documents related: complaint and summons
    17. Jurisdiction related: in personam jurisdiction
    18. Diversity of citizenship: plaintiff and defendant are residents of different states; dollar amount in controversy exceeds $75,000. Federal courts can exercise jurisdiction over cases involving diversity of citizenship
    19. Jurisdiction related (subject matter or in personam?): in personam
    20. Diversity of citizenship applies in federal courts.
    21. Long-Arm Statutes: a court can exercise personal jurisdiction over certain out-of-state defendants based on activities that happened in their states; plaintiff must establish that the defendant had sufficient or minimum contacts in their state. International Shoe vs. Washington
    22. They are important because of convenience for the plaintiff, and the plaintiff’s law determines the outcome
    23. Sufficient Minimum Contacts are important to the Long-Arm Statute because it shows that the defendant has sufficient connection to the state for the judge to conclude that it is fair for the state to exercise power over the defendant.
    24. International Shoe vs. Washington: established the minimum contacts standard for the Long-Arm Statute
    25. Sliding scale standard: applied to determine when courts can exercise personal jurisdiction over an out-of-state defendant based on a defendant’s Web activities
    26. Jurisdiction applied: in personam jurisdiction
    27. Concurrent jurisdiction: when both federal and state courts have the power to hear a case (such as in the case of diversity of citizenship)
    28. Exclusive jurisdiction: when cases can be tried in only federal courts or only state courts
      1. Federal jurisdiction: federal crimes, bankruptcy, patents/copyrights, lawsuits against the US, admirality law (seaborne transportation/ocean waters)
      2. General jurisdiction: when courts hear cases involving a broad array of issues
    29. Limited jurisdiction: when court is limited to a specific subject matter, such as probate or divorce
    30. Trial court: original jurisdiction; questions of fact
    31. Appellate court/supreme court: reviewing courts; questions of law
    32. Small Claims Courts: inferior trial courts that hear only civil cases involving claims of less than a certain amount
    33. Jurisdictional limits: limited jurisdiction; informal; few lawyers
    34. Generally: $5,000
    35. In California: $7,500
    36. Three primary stages of the litigation process: pretrial, trial, and posttrial
    37. Three types of attorney fees:
    38. Fixed fees: charged for the performance of such services as drafting a simple will
    39. Hourly fees: charged for matter that will involve an indefinite period of time
    40. Contingency fees: fixed as a percentage (usually 25-40%) of a client’s recovery in certain types of lawsuits, such as personal-injury lawsuits; if the lawsuit is unsuccessful, the attorney receives no fee
    41. Petitioner: plaintiff in a civil action
    42. Complaint: Initial non-motion pleading by a plaintiff
    43. Respondent: defendant in a civil action
    44. Answer: Initial non-motion pleading by a plaintiff?
    45. Affirmative defenses: defendant admits to the truth of the complaint set forth by the plaintiff, but raises new facts to show that he or she should not be held liable for damages
    46. Motion to dismiss: asks the court to dismiss the case for certain reasons; either party can file
    47. Motion for judgment on the pleadings: asks the court to decide the issue solely on the pleadings without proceeding to trial; the judge will grant the motion only when there is no dispute over the facts of the case and the sole issue to be resolved is a question of law
    48. Motion for summary of judgment: asks the court to grant a judgment in that party’s favor without a trial; this can happen before or during the trial; the judge will grant the motion only when there is no dispute over the facts of the case and the sole issue to be resolved is a question of law
    49. Three primary discovery devices used in civil action: depositions, interrogatories, electronic discovery
    50. Three discovery requests made during the litigation process: requests for admissions; requests for documents, objects, and entry upon land; requests for examinations
    51. E-evidence applies to: requests for documents, objects, and entry upon land
    52. Requests for admissions and for examinations apply to parties, while requests for documents, objects, and entry upon land can apply to parties and non-parties alike
    53. The 7th amendment to the Constitution guarantees the right to a jury trial for cases at law in federal courts when the amount in controversy exceeds $20.
    54. A right to a jury trial may be waived; in this event, the judge determines the truth of the facts alleged in the case.
    55. Court-Mandated Arbitration: Mandatory Judicial Arbitration, or Court-Annexed Arbitration; arbitration mandated by the court (Arbitration: the settling of a dispute by submitting it to a disinterested third party other than a court, who renders a decision. The decision may or may not be legally binding)
    56. If arbitration is mandated by a court it is not binding. In the event that one of the parties foes reject the award, the case will proceed to trial and the court will hear the case de novo (from the beginning)
    57. Trial de novo: “from the beginning”; the court will consider all the evidence and legal questions as though no arbitration had occurred.
    58. Important?
    59. Main advantages of court-mandated arbitration: either party can reject the reward if dissatisfied
    60. Main disadvantages of court-mandated arbitration: the rejecting party can be penalized for rejecting the reward (might have to pay for cost of arbitration) so it is often favorable for them to take the reward decided in arbitration
    61. Voir dire: jury selection process
    62. It occurs before a trial
    63. Rules of evidence: whether evidence will be admitted
    64. Relevant evidence: evidence that tends to prove or disprove a fact  in question or to establish the degree of probability of a fact of action
    65. Direct examination: an attorney’s questioning of his/her own witness
    66. Cross examination: opposing counsel’s questioning of a witness
    67. Rejoinder evidence: defense attorney can use this to refute the prosecution’s rebuttal
    68. Rebuttal: presented by plaintiff’s attorney to offer additional evidence that refutes the defendant’s case
    69. Directed verdict:
    70. Jury verdict:
    71. Motion for a new trial: judge will grant if he or she believes that the jury was in error and that it is not appropriate to grant judgment for the other side; usually only when the jury verdict is obviously the result of a misapplication of the law or a misunderstanding of the evidence presented at trial or on the grounds of newly discovered evidence
    72. Motion for judgment n.o.v.: if the jury’ verdict is unreasonable and erroneous, the judge will overturn it and decide in favor of the opposite party
    73. Difference: if a motion for a new trial is granted, the judge does not make a ruling; rather, a new case starts. If a motion for judgment n.o.v. is granted, the judge will make a ruling in favor of the other party
    74. Three stages of posttrial litigation: motions, appeal, enforcing the judgment
    75. Complaint: the pleading made by a plaintiff alleging the wrongdoing on the part of the defendant; the document that, when filed with a court, initiates a lawsuit; brings the case to a court of original jurisdiction
    76. Appellate brief: formal legal document outlining the facts and issues of the case, the judge’s rulings or jury’s findings that should be reversed or modified, the applicable law, and arguments on the party’s behalf; brings the case to a reviewing court
    77. Five options an appellate court has after reviewing a case:
    78. Affirm the trial court’s decision (most often)
    79. Reverse the trial court’s decision (if it concludes that the trial court erred or that the jury did not receive proper instructions)
    80. Remand the case to trial court for further proceedings consistent with the opinion on the matter
    81. Affirm or reverse a decision in part
    82. Modify a decision
    83. Writ of execution: an order directing the sheriff to seize and sell the defendant’s nonexempt assets or property
    84. Issued when the defendant does not have the funds available to pay the judgment
    85. The proceeds of the sale are then used to pay the damages owed, and any excess funds are returned to the defendant.