3054-Chapter 3 Flashcards
Trial courts are also known as
Courts of original jurisdiction
What powers do trial courts have?
They have the power to hear and decide cases when they first enter the legal system.
What powers do appellate courts have?
They have the power to review previous judicial decisions to determine whether the trial courts erred in their decisions.
What errors do appellate courts review?
They rule on questions of law or the application and interpretation of the law. Only judges decide questions of law.
What does in personam jursidiction mean?
Literally jurisdiction over the person
What is in personam jurisdiction?
It is a court’s power to render a decision affecting the rights of the specific persons before the court.
How does a court acquire jurisdiction over a plaintiff?
When she files with the court
How does the court acquire jurisdiction over the defendant?
When the court serves the defendant (present with a copy of the sumons and complaint).
What is a complaint?
It specifies the factual and legal basis for the lawsuit and the relief the plaintiff seeks.
What is a summons?
It is a court order that notifies the defendant of the lawsuit and explains how and when to respond to the complaint.
What is a long-arm statute?
It enables a court to serve defendants outside the state as long as the defendant has sufficient minimum contacts within the state.
Describe an appellate court
A higher court usually with more than one judge that reviews the lower court cases. It may request additional oral or written arguments. Verdicts are written.
Describe a trial court
A lower court of origination many times with juries. Called a district court in the federal system.
What is in rem jurisdiction?
It is the power of a court over the property or status of an out-of-state defendant wen that property or status is within the court’s jurisdictional area.
What is quasi in rem jurisdiction?
Aka as attachment jurisdiction, is the court’s power over a defendents property that is not related to the plaintiff’s claim. Many times property as a source of compensation.
What is subject-matter jurisdiction?
It is the court’s power to hear certain kinds of cases.
The federal court system has exclusive jurisdiction over what kinds of cases?
admiralty, bankruptcy, federal criminal, lawsuits between states, claims against the US, IP cases and cases that specify federal statutes
The state court system has exclusive jurisdiction over what kinds of cases?
Everything not within the exclusive right of the federal court system and domestic law
What does concurrent jurisdiction mean?
It means that both state and federal have jurisdiction over the case.
What are the two types of concurrent jurisdiction cases?
1) federal-question and 2) diversity of citizenship
What makes up a federal-question case?
It requires an interpretation of federal statute, the US constitution or federal treaty
What is diversity of citizenship?
A case must satisfy 2 conditions 1) plaintiff does not reside in the same state as the defendant and 2) the amount must be in excess of $75,000
May a business reside in more than one state?
Yes. The state of incorporation and the state of principal business.
What does the right of removal entitle a participant to?
To remove the case to federal court.
What is the venue?
The place where the case will be heard based on geography and other jurisdictional factors. Or the legal doctorine relating to the selection of a court with subject-matter and personal jurisdiction that is the most appropriate geographic location for the resolution.
How many federal courts of original jurisdiction are there?
There are 94 district courts.
What federal cases do not begin in district court?
There are special courts for bankruptcy, claims against the US and IP cases
When does the US Supreme Court function as a trial court?
In cases including controversies between states and lawsuits against foreign ambassadors.
The second level of the federal court system is made up of
the US circuit courts also known as intermediate courts of appeal.
How many US circuit courts are there? Are there any special ones?
There are 12 including on for appeals from government administrative agencies.
What is the court of last resort?
In the federal court system it is the US Supreme Court.
How many justices are there on the Supreme Court? What is there term?
There are 9 justices appointed for life.
What are county courts or courts of common pleas?
They are state courts of general jurisdiction where cases begin and are not subject to a special court.
Approximately how many states have intermediate courts of appeal?
Approximately half of the states have courts of appeal or superior courts.
What do state courts of appeal do?
They have broad powers and hear appeals from most general and limited jurisdiction courts and some government agencies
How do cases flow to the state court of last resort?
For states with a district court it is appealed from the intermediate court. Otherwise the case is appealed directly from trial court to the supreme court.
What is standing?
It is the legal right to bring an action in court by demonstrating is or will be harmed. (standing to sue)
What are the requirements for standing?
1) the plaintiff must have an injury in fact that is concrete and actual or imminent 2) the injury must be fairly traceable to the challenged action of the defendant 3) must be likely the injury would be redressed by a favorable decision
What is the purpose of case-or-controversy?
It ensures that courts do not render advisory opinions by using these 3 criteria: 1) must have an adverse relationship, 2) actual or threatened actions of at least one party must give rise to an actual legal dispute and 3) courts must have the ability to render a decision that will resolve the dispute
What does ripe mean?
It means that a judge’s decision would be capable of immediately affecting the parties.
