TRIAL CONCERNS & FACT-FINDER TERMS
TRIAL
A judicial examination, in accordance with the law, of a criminal or civil action.
It is an "on the record evidentiary hearing."
PLAINTIFF
A person who brings a case against another in a court of law; the person bringing the lawsuit.
SUPREME LAW OF THE LAND
The United States Constitution is the Supreme Law of the Land.
VERDICT
The fact-finding by a jury in a criminal case, usually the verdict is guilty or not guilty. In a civil case, the verdict depends on what the case is about (Ex. liable, or not liable).
REMAND
Sending a case back to a lower court; done by a higher court.
TRIAL COURT ->
APPELLATE COURT ->
INTERMEDIATE APPELLATE COURT ->
COURT OF LAST RESORT
Lawler v. Kueffer ("Dexter the Cat")
Because we conclude that the circuit court’s factual findings were not clearly erroneous and the facts demonstrate that Lawler gave Dexter to Kueffer as a gift and therefore Kueffer is the rightful owner of Dexter, we need not address any additional grounds the circuit court identified for its decision to deny Lawler’s action for replevin of Dexter.
The Court ruled that Dexter the Cat belongs to Roger Kueffer and not his ex-girlfriend, Julee Lawler.
Kueffer wins.
Georgia High School Association v. Waddell
The Court ordered that they must go back to the point of the game where the referee made the wrong call and repeat it.
We now go further and hold that courts of equity are without authority to review decisions of football decisions because those decisions do not provide judicial controversies; deals with issues of law versus issues of fact.
Waddell wins.
FORUM STATE
The state chosen for proceeding of the suit, whose procedural laws will be followed.
The state in which the case is filed.
NOTICE
In law, represents the requirement of timely notification of the opposing party. Under procedural due process, the fairness of legal procedure requires that a party has sufficient notice to prepare a response to legal action.
Notice requires that a person threatened with legal action or whose legal rights are being affected be notified in such a way as to be able to prepare to protect those rights.
DEFENDANT
An individual, company, or institution sued or accused in a court of law.
EQUAL PROTECTION
A constitutional guaranty specifying that every state must give equal treatment to every person who is similarly situated or to persons who are members of the same class.
Protective requirement of the Fourteenth Amendment, originally enacted to protect former slaves; essentially, everyone is equal under the law.
JUDGMENT
The official decision of a court about the rights and claims of each side in a lawsuit; usually a final decision after trial based on the findings of fact and making conclusions of law (usually the decision of a judge).
LEGAL REMEDY
A remedy under [the] common law, as distinguished from an equitable remedy; remedy is the court enforcing a law from a successful case, granting relief.
Someone suing for money.
Erie R.R. v. Tompkins
The Court had held that the federal courts were free to disregard specific decisions of state common law in favor of general principles of common law.
Henceforth, the federal courts in diversity cases would follow the common law of the state.
Erie has been applied to substantive law but not procedure--in suits in federal court federal procedure is followed.
Tompkins was determined to be at fault by the Supreme Court for trespassing.
Erie Railroad wins.
Fine v. Delalande, Inc.
There is not complete diversity of citizens because Delalande is a corporation and has their principal place of business in New York and there are 11 plaintiffs in New York.
To have diversity, you have to have a complete break in the lawsuit.
A corporation is deemed to be a citizen of the state wherein it has its principal place of business, and of the state of its incorporation.
Gets remanded back to state court.
Fine wins.
ADVERSARIAL SYSTEM
The U.S. legal system in which litigants, typically represented by attorneys, argue their respective sides in a dispute before an impartial judge and jury.
The way a case is disputed in a trial/"legal arena."
HEARING
The presentation of evidence and argument before a tribunal. Under procedural due process, the hearing (during a trial, during a deposition, etc.) must be fair and evenhanded. Most of the elements of a fair hearing have been established by custom and precedent.
[A] hearing requires that the form and nature of legal proceedings [are] fundamentally fair (e.g., an impartial tribunal, right to counsel, right of cross-examination, etc.).
APPELLEE
The party against whom an appeal is brought; receiver of the appeal; the "one getting sued."
COMMERCE CLAUSE
Gives the United States Congress power to regulate interstate commerce.
TORTS
A major area of substantive law including causes of action to redress injuries that arise out of non-contractual events.
Tort includes three major divisions: intentional torts, negligence, and strict liability.
EQUITABLE REMEDY
A special remedy, such as an injunction or specific performance, not available at common law.
Provides a fair and just solution to a dispute.
Alva v. Teen Help
Plaintiff's notice of appeal is untimely, therefore we dismiss this appeal for lack of jurisdiction.
A timely notice of appeal in a civil case is jurisdictional, not merely compliance with a claim of appeal.
A holding that a court may not enforce its own rules unless a party timely invokes them would be nonsensical. Such a holding would place a court at the mercy of the parties.
Appeal dismissed.
Teen Help wins.
TRIAL COURT
Have first or original jurisdiction; lower court judges must act on a number of problems that are not truly adversarial in nature but that require orders from a court.
The lowest court in the system.
In Florida, it is the County Court.
Nationally, it is the United States District Court.
APPELLATE COURT
Courts that correct the errors of the lower trial courts.
As distinguished from trial courts, courts that function primarily to correct errors of the lower trial courts and do not ordinarily serve as fact-finders.
The third-highest court in the system.
In Florida, it is the Circuit Court.
RECORD
All the evidence presented at trial, whether or not recorded. The evidence forms the record.
Evidence takes several forms, including witness testimony, physical evidence, and documents.
APPELLANT
The party bringing an appeal against the other party, the appellee.
DIVERSITY OF CITIZENSHIP
The subject matter jurisdiction of federal courts to hear cases between citizens of different states.
To have the doctrine of diversity applied to your case, you must have a complete diversity of citizenship in the lawsuit (every plaintiff involved must be from a state other than the forum state).
If each plaintiff is from a state or country different from that of each defendant and the amount being disputed is more than $75,000, the doctrine is applicable.
SIMPLE NEGLIGENCE
Negligence commonly characterized by simple carelessness or inattention; in contrast to gross negligence, which is a reckless disregard for the rights of others.
By mistake.
WRIT OF PROHIBITION
An order by a higher court directing a lower court not to do something.
Coomer v. Kansas City Royals Baseball Corporation
Royals mascot Sluggerrr was not at fault for an injury that occurred in 2009 when a fan was struck by a hot dog tossed by the mascot.
Missouri appeals court overturned that decision in 2013, ruling that mascots are not necessary to the game of baseball.
Because the trial court erred in submitting the question of assumption of the risk to the jury, the judgment, in this case, must be vacated and the matter remanded.
Gets remanded back to trial court.
Case represents a question of LAW.
INTERMEDIATE APPELLATE COURT
The two common forms of appellate courts are intermediate appellate courts, usually called courts of appeal(s), and the highest courts, usually called supreme courts.
The second-highest court in the system.
In Florida, it is the District Court of Appeal.
Nationally, it is the United States Court of Appeals.
COURT OF LAST RESORT
Courts that have the final say on all facts and issues pertaining to the heard case.
The highest court in the system.
In Florida, it is the Florida Supreme Court.
Nationally, it is the United States Supreme Court.
PHYSICAL EVIDENCE
Physical objects introduced as evidence, such as a gun, a lock, drugs, and so on. The evidence forms the record.
STANDING
Standing is a limitation on who may bring an action; a person’s right to bring a lawsuit because he or she is directly affected by the issues presented, having a stake in the outcome of the suit; must have a personal stake in the outcome.
STATUTE OF LIMITATIONS
A federal or state law that specifies time limits within which suits must be filed for civil and criminal actions; they vary from state to state and from action to action.
Lawsuit will be dismissed if not filed in time.
Point to Batman...
FREE SPACE
SUBSTANTIAL EVIDENCE
*[WITHOUT] SUBSTANTIAL EVIDENCE*
The test or standard used at the appellate level to determine if jury fact-finding at trial constitutes prejudicial error; this is interchangeably used with "clearly erroneous."
Great deference/ATTENTION paid--When referring to jury fact-finding, appellate courts rarely overturn findings of fact.
Minneapolis Star and Tribune Company v. Hon. Robert E. Lee
There is no adequate remedy at law to redress such a violation and therefore the writ of prohibition must issue; the writ of prohibition is granted.
The trial court’s order was an unconstitutional prior restraint of speech.
The prior restraint is hereby vacated
The writ of prohibition must issue.
PROCEDURAL DUE PROCESS
Due process that is concerned with the fairness of notice and hearing provided by government in the adjudication of rights and duties.
Notice requires that a person threatened with legal action or whose legal rights are being affected be notified in such a way as to be able to prepare to protect those rights.
Hearing requires that the form and nature of legal proceedings be fundamentally fair (e.g., an impartial tribunal, right to counsel, right of cross-examination, etc.).
SUBSTANTIVE DUE PROCESS
A theory of due process that emphasizes judging the content of a law by a subjective standard of fundamental fairness.
The government may not act arbitrarily or capriciously in making, interpreting, or enforcing the law.
Substantive due process requires that legislation be reasonable, that it have a legitimate purpose, that it use reasonable means to effect a reasonable end, and so on.
The void-for-vagueness doctrine is an example of a reasonableness test.
QUESTION OF FACT
A question for the jury in a jury trial or for the judge in a bench trial (these questions concern who, what, where, and when).
Did the defendant have a gun? Was the defendant speeding?
GARNISHMENT
An action by which one who is owed a debt may collect payments through a third party, often an employer.
FULL FAITH AND CREDIT
The Constitution requires that each state respect the legal pronouncements of sister states.
"Full faith and credit shall be given in each State to the public acts, records, and judicial proceedings of every other State."
GROSS NEGLIGENCE
Negligence reflecting a reckless disregard for the rights of others; in contrast to ordinary negligence, which is commonly characterized by simple carelessness or inattention.
"On purpose."
CLEARLY ERRONEOUS
The test or standard used at the appellate level to determine if judicial fact-finding at trial constitutes prejudicial error. Highly deferential toward the trial court; this is interchangeably used with "[without] substantial evidence."
Great deference/ATTENTION paid--this is commonly applied to the trial judge's fact-finding.
District of Columbia v. Wesby
We readily conclude that the officers here were entitled to qualified immunity.
A reasonable officer could conclude that there was probable cause to believe partygoers knew they did not have permission to be in the house.
We reversed the D.C. Circuit’s holding that the officers lacked probable cause to arrest.
District of Columbia wins.
SIGNIFICANT RELATIONSHIP TEST
The modern rule followed in a conflict-of-laws setting; used in both tort and contract contexts and makes the court apply the law of the state that had the most "significant relationship" to the cause of action.
State that had the most significance in the case will be the state that holds/hears the case.
FEDERAL QUESTION
Issues in cases arising under the Constitution, laws, and treaties of the federal courts will have subject matter jurisdiction.
QUESTION OF LAW
A question for the judge; it is a question as to the appropriate law to be applied (what law can be applied here) or the correct interpretation of the law.
Can the witness testimony be considered as part of the case? Can the expert testimony be considered?
LACHES
An equitable principle roughly equivalent to a statute of limitations at common law, it prevents a party from bringing a petition (suit) when there has been unreasonable delay in doing so.
Court may deny a valid claim when the party with this claim has been unreasonably delayed in doing so (defendant must prove this in court, not a statute of limitations).
STATE RESERVATION OF POWERS
The federal government exercises its authority "by grant" [enumerated powers grant the fed it's rights], whereas the states exercise authority "by reservation" [implied powers are reserved for the states over the larger federal government].
PUNITIVE DAMAGES
Sometimes awarded beyond mere compensation (see compensatory damages) to punish a defendant for outrageous conduct in tort.
MEMORANDUM (PER CURIAM OPINION)
A court's decision that gives the ruling (what it decides and the orders done) but no opinion (reasons for the decision).
A memorandum opinion is the same as a per curiam opinion, which is an opinion without a named author, usually a brief and unanimous decision.
Brown v. Southland Corporation
Court concludes that defendants have met their burden of proving that defendant Tinsley was improperly joined and dismisses him pursuant to Rule 21, Fed. R. Civ. P..
Accordingly, plaintiff’s motion to remand is denied.
Southland Corporation wins.
GENERAL JURISDICTION
A court's authority to hear and decide a broad range of cases.
PREEMPTION
The principle or doctrine that federal statutes that overlap or are in conflict with state statutes will take precedence and prevail (be preferred), even to the point of invalidating state statutes entirely.
Basically, federal laws and statutes overtake state laws if they are conflicting, they are given first preference.
Gives the federal government broad powers.
TRIER OF FACT
The entity that determines fact in a trial. The jury is entrusted with fact-finding, and the judge also finds facts and draws conclusions from them.
BAILMENT
When the owner of personal property delivers possession without intent to pass title.
When one leaves an automobile with an auto mechanic.
FEDERAL GOVERNMENT OF ENUMERATED POWERS
The states exercise authority "by reservation" [implied powers are reserved for the states over the larger federal government], whereas the federal government exercises its authority "by grant" [enumerated powers grant the fed it's rights].
COMPENSATORY DAMAGES
Amount awarded to an injured party to make them whole; that is, in tort, to compensate for all injuries.
In contract, this means to put the non-breaching party in the position they would have been in if the contract had been performed.
PREJUDICIAL ERROR
Mistakes made at trial that are sufficiently serious enough to prejudice the result; errors made in court that are serious enough to constitute retrial/new trial.
Also known as REVERSIBLE or HARMFUL error.
Campbell Soup Co. v. Wentz
The court initially affirmed instead of reversing it because of the contract.
The court is not going to enforce the contract because the contract terms are unconscionable.
Plaintiff failed to establish that the carrots judged by objective standards are unique goods.
Remedy at law was not adequate.
LIMITED JURISDICTION
A court’s restricted authority to decide only certain kinds of cases.
A probate court hears only cases concerning decedents’ estates.
SUBJECT MATTER JURISDICTION
The jurisdiction of a court to hear and determine the type of case before it.
Basically, different cases are supposed to be held in different courts.
In Florida, election contests are heard in the circuit court but not in county court; the reference to Leon County in “the Circuit Court for Leon County” refers only to the location of the court—it is a circuit court, not a county court.
JURY INSTRUCTIONS
Detailed directions (instructions) given by the judge to the jury about its functions in the lawsuit.
GRATUITOUS BAILMENT
When the owner of personal property delivers possession without intent to pass title, with no compensation/contractual obligation [being] made.
When one entrusts another to watch over their residence while they take a vacation.
CLEAN HANDS PRINCIPLE
An equitable maxim according to which a court of equity will refuse to provide a remedy to a petitioner who has acted in bad faith (or "unclean hands").
The court can deny equitable relief to a party who has violated good faith with respect to the subject of the claim.
PRIOR RESTRAINT
An action by the government to impose limits on the exercise of free speech, especially publication, prior to its exercise, as distinguished from punishing a person after publication.
[APPELLATE COURT] SUBSTITUTES ITS JUDGEMENT
The standard of review of conclusions of law made by a lower court (basically, when the appellate court decides something made during a trial is incorrect--a judgement), the trial court's judgement is overruled and the appellate court's decision is its replacement.
No deference/ATTENTION paid--appellate court "substitutes its judgment" for that of trial court.
Newman v. Clayton F. Summy Co.
By the law of New York where the trial was held, appellant was a gratuitous bailee, and a gratuitous bailee is not liable except for gross negligence.
The New York law upheld that the Illinois laws as to bailments should be upheld; conflict of laws doctrine supports Illinois state law in this case.
"There can be no doubt that the arrangements for the bailment were made in Illinois, and that ‘performance,’ i.e., the shipment of the manuscripts, occurred in that state. In such circumstances, the New York courts hold that the Illinois law as to bailments should be applied."
The judgment of the prior court is affirmed; Summy Company is found negligent.
Newman [composer] wins.
CASES AND CONTROVERSIES
Courts have authority over real disputes between real parties, as opposed to hypothetical disputes or non-adversarial parties.
The courts do not answer questions about the law, but decide actual disputes.
Basically, they do not answer hypothetical questions.
CONFLICT OF LAWS/CHOICE OF LAWS
Concerns the problem that arises when there is a question about which state's law should apply in a particular case.
Depending on which state the case occurred and [where] the parties reside, the courts can decide which state takes on the case and which laws shall be applied.
One state's substantive law can be applied in another state where a trial is being held.