Chapter 2: Courts and ADR

Management 3540 with Swenson at University of Missouri- Columbia

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By: Jordan White
Created: 2012-02-15
Size: 29 flashcards
Views: 6

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Res Judicata

"It has been decided."

An issue decided in one case between parties is binding upon the parties in another case between the parties. It won't be litigated again.

Class Action

One or more members of a group of injured parties sue on behalf of the group (class).

Standing

A person needs a tangible interest in a lawsuit to sue or become a party.

EX: Grandparents' visitation

Jurisdiction

"To speak the law."

The authority of a court to decide the case.

Proper Venue

The place where a case may properly be decided under the law.

Adjudication

The process of litigation resulting in a binding (enforceable) final judgment.

Adversary System

A trial system where the evidence is presented by party opponents rather than through questions of a judge.

Evidence

The testimony of witnesses and the documents and objects admitted to consideration as part of that testimony.

Four Levels of Courts in Order of Priority

Supreme Court

Court of Appeals (Circuit Court of Appeals)

Circuit Court of County (District Court)

Courts of Limited Jurisdiction (Federal and State Courts)

Supreme Court

The highest appellate court in both the state and federal system - appeals from state supreme courts may be made to the United States Supreme Court if there is a federal question involved.

Court of Appeals (Circuit Court of Appeals)

The intermediate appellate courts - typically the first court to which an aggrieved party (loser) may appeal.

Circuit Court of County (District Court)

The trial court of general jurisdiction in which most important cases are filed.

Courts of Limited Jurisdiction

Courts whose authority is limited by subject matter or the amount in controversy.

Missouri State Courts

Small Claims Court - $3000

Associate Division of the Circuit Court - $25,000

Probate Court - estates of decedents, minors and incompetent persons

Missouri Federal Courts

Used in cases involving bankruptcy, patent, and tax courts.

Two Required Types of Jurisdiction

Personal and subject matter

Personal Jurisdiction

Jurisdiction over the defendant. A state or federal court has person jurisdiction over:

Residents of the state where court sits
Persons or entities with minimum contacts with the state where the court sits
Long arm jurisdiction statutes: typically provide for jurisdiction over a defendant who has entered a contract in the state, committed a tort in the state or has minimum contacts with the state

Subject Matter Jurisdiction

Jurisdiction over the type of lawsuit.

Federal Question Jurisdiction

Federal courts have subject matter jurisdiction over cases which involve a question of federal law.

Diversity of Citizenship Jurisdiction

Federal courts have jurisdiction over cases where the parties are from different states and the amount (amount in controversy) involved exceeds $75,000.

State Courts Subject Matter Jurisdiction

Subject matter jurisdiction over all cases where there is not exclusive federal jurisdiction. Any state court with personal jurisdiction over the defendant may hear a state-law contract or tort case against that defendant.

Exclusive Jurisdiction

Either a federal or state court is the court which may hear a case (but not both).

EX: For federal -patent law, bankruptcy law; for state - family law, probate law

Concurrent Jurisdiction

Both federal and state courts have jurisdiction over the type of case. The plaintiff chooses to file in one or the other.

EX: Employment discrimination

Goal of ADR

To resolve a dispute with as little cost of time and money as possible.

Arbitration

A binding process in which an arbitrator hears evidence and enters an enforceable decision. Generally much less costly than a trial and eliminates appeals.

Negotiation

An attempt by disputing parties to resolve their dispute informally, with or without attorneys present.

Mediation

A non-binding process in which a mediator aids parties in negotiating a dispute. Often judges get involved in mediation through required settlement conferences before the rial judge or another judge.

Summary Jury Trial

A shortened trial before an unofficial jury which makes a non-binding, advisory decision; often ordered by a judge in complex cases to help the parties settle the case.

Mini Trial

A shortened trial before an unofficial judge, who makes a non-binding decision (recommendation).

About this deck

By: Jordan White
Created: 2012-02-15
Size: 29 flashcards
Views: 6

About StudyBlue

“Simply amazing. The flash cards are smooth, there are many different types of studying tools, and there is a great search engine. I praise you on the awesomeness.”
Dennis