18.1 Flashcards

1
Q

During the years of the Articles of Confederation were in force, were there national courts?

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

How were disputes settled?

A

Disputes between States and persons who lived in different states were decided by the courts of one of the states involved

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

How many court systems are there in the United States?

A

Two

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What are the court systems in the united states?

A
  1. National judiciary spans the country with more than 100 courts. Each of the 50 states has its own system of courts
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What are the two kinds of federal courts?

A

The constitution establishes the Supreme Court and leaves Congress to establish the inferior courts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What are the inferior courts?

A

Lower federal courts, those beneath the Supreme Court.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Congress has created two distinct types of courts. What are they?

A
  1. The constitutional courts
  2. The special courts
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What are constitutional courts?

A

Those federal courts that Congress has formed under Article III to exercise the judicial power of the US

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What courts are included in the Constitutional courts?

A

US Court of International Trade, district courts, courts of appeals

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What are the special courts?

A

They have been created by congress to hear cases arising out of some of th eexpressed powers given to congress in Article I section 8.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What do the special courts include?

A

The US Court of appeals for the Armed Forces, the US court of appeals for veterens claims, the US court of federal claims, and the US Tax courts. They are often called legislative courts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What type of courts hear most of the cases tried in the federal courts?

A

Constitutional courts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is jurisdiction?

A

It is defined as the authority of a court to hear (to try and to decide) a case

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What does Article III Section II say about when a federal court may hear a cases?

A

because of

  1. The subject matter
  2. Parties involved
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Subject Matter

A

Many federal courts may hear a case if it involves a federal question (interpretation of the Constitution, or a provision of any federal statue or treaty) This includes Admirality law (relates to matters that arise on the high seas) and Maritime law (relates to matters that arise on land but are directly related to the water)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Parties

A

A case falls within the jurisdiction of the federal court if one of the parities involved in the case is:

  1. The UNited States or one of its officers or agencies
  2. An Ambassador, consul, or other official representative of a foreign government
  3. One of the 50 States suing another state, a resident of another state or a foreign government or one of its subjects
  4. A citizen of one state suing another state
  5. An American citizen suing a foreign government or one of its subjects
  6. A citizen of a State suing another citizen of that smae States where both claim title to land under grants from different states
17
Q

What ideal is the matter of parties reflective of?

A

Federalism, because of the dual system of courts in the country.

18
Q

What is exclusive jurisdiction

A

They can be tried only in the federal courts.

19
Q

A case involving an act of Congress, infringement of a patent or copyright falls into what jurisdiction

A

exclusive

20
Q

What is Concurrent Jurisdiction>

A

Meaning the states and the feds share the power to hear cases.

21
Q

What falls under concurrent jurisdiction>

A

Disputes involving citizens of different states

22
Q

A federal district court may hear a case of diverse citizenship only when what happens?

A

The amount of money involved in that case is at least 75,000

23
Q

What is the plaintiff

A

The person who files the suit, may bring the case in the proper state or federal court

24
Q

What is the defendant?

A

The person against whom the complaint is made

25
Q

What can the defendent do?

A

Have the trial moved under certain circumstances to the federal district court

26
Q

What is original jurisdiction?

A

The court in which a case is first heard has original jurisdiction

27
Q

Appellete Jurisdiction

A

Hears a case on appeal from alower court

28
Q

Do appelate courts retry cases?

A

No, they determine whether a trial court has acted in accord with applicable law

29
Q
A