Ch. 3 Civil Dispute Resolution Flashcards
Federal Courts: District Courts
Trial courts of general jurisdiction that can hear and decide most legal controversies in the federal system.
Federal Courts: Court of Appeals
Hear appeals from the district courts and review orders of certain administrative agencies.
Federal Courts: The Supreme Court
The nation’s highest court, whose principal function is to review decisions of the federal Courts of Appeals and the highest state courts.
Federal Courts: Special Courts
Have jurisdiction over cases in a particular area of federal law and include the U.S. Court of Federal Claims, the U.S. Tax Court, the U.S. Bankruptcy Courts, the U.S. Court of International Trade, and the U.S. Court of Appeals for the Federal Circuit.
State Courts: Inferior Trial Courts
Hear minor criminal cases such as traffic offenses and civil cases involving small amounts of money and conduct preliminary hearings in more serious criminal cases.
State Courts: Trial Courts
Have general jurisdiction over civil and criminal cases.
State Courts: Special Trial Courts
Trial courts, such as probate courts and family courts, which have jurisdiction over a particular area of state law.
State Courts: Appellate Courts
Include one or two levels; the highest court’s decisions are final except in those cases reviewed by the U.S. Supreme Court.
Subject matter jurisdiction
Authority of a court to hear and decide a particular kind of case.
Exclusive federal jurisdiction
Federal courts have sole jurisdiction over federal crimes, bankruptcy, anti-trust, patent, trademark, copyright, and other special cases.
Concurrent federal jurisdiction
Authority of more than 1 court to hear the same case; state and federal courts have a concurrent jurisdiction over (1) Federal question cases (cases arising under the constitution, statutes, or treaties of the United States) which do not involve exclusive federal jurisdiction and (2) diversity of citizenship cases involving more than $75,000.
Exclusive state jurisdiction
State courts have exclusive jurisdiction over all matters to which the federal judicial power does not reach.
Jurisdiction over the Parties
The power of a court to bind the parties to a suit.
In Personam Jurisdiction
Jurisdiction based on claims against a person, in contrast to jurisdiction over property.
In Rem Jurisdiction
Jurisdiction based on claims against property.
Attachment or quasi in rem jurisdiction
Jurisdiction over a defendant’s property to obtain payment of a claim not related to property.
E.g. Allen, a resident of Ohio, has obtained a valid judgement in the amount of $20.000 against Bradley, a citizen of Kentucky. Allen can attach Bradley’s automobile, which is located in Ohio, to satisfy his court judgement against Bradley.
Venue
Geographic area in which a lawsuit should be brought.
often confused with jurisdiction
Civil Procedure:
Pleadings
Series of statements that give notice and establish the issues of fact by each side and the law presented and disputed.
Complaint
Initial pleading by the plaintiff stating his case.
Summons
Notice given to inform a person of a lawsuit against her.
Answer
Defendant’s pleading in response to the plaintiff’s complaint.
Reply
Plaintiff’s pleading in response to the defendant’s answer.
Civil Procedure: Pretrial Procedure
Process requiring the parties to disclose what evidence is available to prove the disputed facts; designed to encourage settlement of cases or to make the trial more efficient.
