AAERT Study Guide UPDATED ACTUAL Questions and CORRECT Answers
Two Main Types of Jurisdiction subject matter and territorial
limited to subject
Subject Matter example: certain X dollars, if set up for only: divorce or
family
Territorial Jurisdiction geographical, in state lines
have geographic limits, are higher state courts called:
General Jurisdiction superior/ district/ circuit, can hear all cases the lower state
courts cannot
A.) state supreme court at the top
B.) intermediate court of appeals
State Court Systems Typically have Four Tiers C.) superior, circuit, or district court of general jurisdiction
at the county level
D.) city or municipal courts
a common law writ issued by a superior court to one of
Writ of Certiorari inferior jurisdiction demanding the record of a particular
case
When the Supreme Court agrees to consider an appeal, it
issues a to whatever lower court last ruled
writ of certiorari
in the case. Basically, the Supreme Court demands the
record of a particular case from the lower court.
Res Judicata a decided thing
Stare Decisis let the decision stand
Res Ipsa Loquitur the thing speaks for itself
Law enacted by legislature (congressional & state)
Statutory Law (positive)
(is relatively rigid) May deal with civil or criminal matters
old, "judge-made", body of principles where are authori-
Common Law (customary)
tative because they are ancient
Court Opinions are typically cited by:
, case name
volume number
court's name
page number
court term
ex: Smith v. Thomas, 146 U.S. 782 (2011)
Benchmark/ Landmark Decisions significant rulings
Legal research into the ultimate outcome of a case after
appeals.
Shepardizing
Checking to see whether a prior opinion is still valid or has
been changed by a subsequent ruling
T/F American law is adversarial True
filed before a trial
Motion filed by a party to a lawsuit which asks the court for
an order or ruling limiting of preventing certain evidence
Motions in Limine ("on the threshold")
from being presented by the other side at the trial.
Generally, is brought during pretrial hearings or at begin-
ning of trial.
Parties marshal their evidence
- interrogatories
- each side gathers documents
- witnesses are deposed in depositions: Expect (opinion
testimony) or Lay (non-expect- percipient: lists only facts)
or Hostile Witness( adverse witness: called by one side but
Discovery Period
interests lie with the other side)
- sworn afldavits- "sworn statements" may be obtained
from ones having pertinent info
- unsworn statements- outlining what they know about a
matter
- declarations- unsworn statements, made by those who
Two Main Types of Jurisdiction subject matter and territorial
limited to subject
Subject Matter example: certain X dollars, if set up for only: divorce or
family
Territorial Jurisdiction geographical, in state lines
have geographic limits, are higher state courts called:
General Jurisdiction superior/ district/ circuit, can hear all cases the lower state
courts cannot
A.) state supreme court at the top
B.) intermediate court of appeals
State Court Systems Typically have Four Tiers C.) superior, circuit, or district court of general jurisdiction
at the county level
D.) city or municipal courts
a common law writ issued by a superior court to one of
Writ of Certiorari inferior jurisdiction demanding the record of a particular
case
When the Supreme Court agrees to consider an appeal, it
issues a to whatever lower court last ruled
writ of certiorari
in the case. Basically, the Supreme Court demands the
record of a particular case from the lower court.
Res Judicata a decided thing
Stare Decisis let the decision stand
Res Ipsa Loquitur the thing speaks for itself
Law enacted by legislature (congressional & state)
Statutory Law (positive)
(is relatively rigid) May deal with civil or criminal matters
old, "judge-made", body of principles where are authori-
Common Law (customary)
tative because they are ancient
Court Opinions are typically cited by:
, case name
volume number
court's name
page number
court term
ex: Smith v. Thomas, 146 U.S. 782 (2011)
Benchmark/ Landmark Decisions significant rulings
Legal research into the ultimate outcome of a case after
appeals.
Shepardizing
Checking to see whether a prior opinion is still valid or has
been changed by a subsequent ruling
T/F American law is adversarial True
filed before a trial
Motion filed by a party to a lawsuit which asks the court for
an order or ruling limiting of preventing certain evidence
Motions in Limine ("on the threshold")
from being presented by the other side at the trial.
Generally, is brought during pretrial hearings or at begin-
ning of trial.
Parties marshal their evidence
- interrogatories
- each side gathers documents
- witnesses are deposed in depositions: Expect (opinion
testimony) or Lay (non-expect- percipient: lists only facts)
or Hostile Witness( adverse witness: called by one side but
Discovery Period
interests lie with the other side)
- sworn afldavits- "sworn statements" may be obtained
from ones having pertinent info
- unsworn statements- outlining what they know about a
matter
- declarations- unsworn statements, made by those who
