Chapter 2 Flashcards
1
Q
State and federal court systems have:
A
(1) Lower courts
(2) Appellate courts
2
Q
- Disputes are initially brought
- Referred to as trial courts
- Analyze issues of facts
- Federal and state levels
A
Lower Courts
3
Q
- Where the lower court decisions are reviewed
- Analyze whether law was applied properly
- Don’t need witnesses, evidence of jury - already know all the facts
- Federal and state levels
A
Appellate Courts
4
Q
- Nominated by US president
- Confirmed by senate majority
- Enjoy lifetime appointment
- Removed only if congress impeaches them for bad behavior (i.e bribery, treason)
A
Federal Judges
5
Q
- Chosen by a variety of methods: elected, appointed by state bar association or governor, both
A
State Judges
6
Q
In SC, judges are elected by the __________.
A
General Assembly
7
Q
Fixed term; not appointed for life, length of time dependent on state
A
General Assembly
8
Q
SC circuit court judges length
A
6 years
9
Q
SC Supreme court judges years
A
10 years
10
Q
Protects judges from being sued for their decisions and any court appointed position
A
Judicial Immunity
11
Q
Judicial Immunity gives 3 things:
A
(1) Can’t be sued simply because whoever lost the case is unhappy about the decision
(2) Extends to parties who perform services related to the performance of appointed judicial functions - extends to parties involved in the case
(3) Protects against undue influence on judicial decisions
12
Q
The right of a court to hear and decide a case
A
Jurisdiction
13
Q
Exists with courts that have authority to hear a case for the first time (trial courts)
A
Original Jurisdiction
14
Q
- Exists with courts of appeals, or reviewing courts
- Generally appellate courts do not have original jurisdiction
A
Appellate Jurisdiction
15
Q
- Exists when a court is limited to a specific subject matter, such as probate (wills, trusts, estates) or divorce
A
Limited Jurisdiction
16
Q
Exists when a court can hear any kind of case
A
General Jurisdiction
17
Q
Federal Court Lineage
A
(1) Supreme Court
(2) Court of Appeal
(3) Federal District Courts
18
Q
- Highest court in the federal system
- 9 justices, meeting in Washington, DC
- Appeals jurisdiction by re-examining a case appealed to it from a lower court
- Limited original jurisdiction over some cases
A
Supreme Court
19
Q
- Intermediate level in the federal system
- 12 regional circuit courts including DC circuit
- No original jurisdiction; strictly appellate
A
Court of Appeals
20
Q
- Lowest level in the federal system
- 94 judicial districts in 50 states
- No appellate jurisdiction
- Original jurisdiction over most cases
A
Federal District Courts
21
Q
Court of Original Jurisdiction
A
Federal District Court
22
Q
- Jury makes decisions
- Facts presented
- Case may be heard by a magistrate
A
Federal District Court
23
Q
Federal District Court’s Purpose
A
(1) Handle cases that fall under federal jurisdiction
(2) Use a jury trial to decide guilt or innocence
(3) Judges are to interpret the law and determine punishment
24
Q
- 12 circuits
- 2 judge panel reviews issues of law
- Hearing en banc
A
US Court of Appeals
25
All active judges in a circuit will hear a case (Murphy vs. NCAA - legalize sports gambling in all 50 states)
Hearing en Banc
26
Specialized Federal Courts
(1) Limited Jurisdiction Courts
| (2) Court of Appeals for the Federal Circuit
27
Limited Jurisdiction Courts (original limited)
(1) US Bankruptcy Court
(2) US Court of Federal Claims
(3) US Court of International Trade
(4) US Tax Court
28
Court of Appeals for the Federal Circuit (limited appellate)
(1) Patent, trademark and copyright cases
(2) US Court of Federal Claims
(3) US Court of International Trade
29
- Highest court in the nation
- Appellate review (court of original jurisdiction in very few circumstances)
- Cases heard by all 9 justices
- Receives thousands of petitions each year
- Reviews cases from US Courts of Appeal and Highest Courts of the States
- Review is through Writ of Certiorari
US Supreme Court
30
If _____ is not granted, lower court decision is final and binding.
Writ of Certiorari
31
Typical State Court System
(1) State Supreme Court
(2) State Court of Appeals
(3) State Trial Court - Original Jurisdiction
(4) Specialty/ Limited Courts
32
Hears appeals from state court of appeals on issues of law
State Supreme Court
33
Hears appeals from lower courts on issues of law
State Court of Appeals
34
- Where case is first heard; deals in issues of facts
| - Usually called District Courts
State Trial Court - Original Jurisdiction
35
Probate, Family and Small Claims Courts
Specialty / Limited Courts
36
Wills, trusts, estates
Probate
37
Weddings, divorces, minors, child custody
Family Court
38
Anything under $7,500 in South Carolina
Small Claims Court
39
To go from State Supreme Court to the US Supreme Court, there must be _______ involved.
Federal Question
40
Govern the procedure of the litigation process
Federal Rules of Civil Procedure
41
Four Federal Rules of Civil Procedure:
(1) Pleadings
(2) Discovery
(3) Trial Procedures
(4) Only govern the civil side of litigation - not criminal
42
Subject Matter vs. Personal Jurisdiction
- Right of court to hear a case
| - Court needs jurisdiction over the subject of the case
43
Court needs jurisdiction over:
Defendant (personal jurisdiction) or Defendant Property
44
Personal jurisdiction is jurisdiction over the __________ and ONLY the ___________.
Defendant (focus on the party that has been sued, NOT the claimant)
45
True or False: If a court hears a case without proper jurisdiction, decision is null and void and case must be tied all over again.
True
46
Federal Courts have subject matter jurisdiction if:
(1) US Constitutional [Federal] issue is involved (no money requirement)
(2) US is a party to the suit (no money requirement)
OR
(3) Case involves citizens of different states and > $75,000
47
Plaintiff and defendant reside in different states
Diversity of Citizenship
48
Federal Cases involving citizens of different states must have money in controversy with minimum amount:
$75,000
49
State Courts
- Limited special court/cases may resolve in a particular subject matter
50
Types of State Courts:
(1) Probate Court
(2) Family Court
(3) Small Claims Court (limited claims of usually $5000 or less)
51
True or False: If there is not a special subject matter involved that would be delegated to a specific court, case will go to the general state trial court
True
52
Jurisdiction over the person (person or business), usually through: residency of defendant, defendant doing business in the state or defendant submits to the jurisdiction (purposefully in the state). Out of state defendants have jurisdiction that is much more difficult to get (try to serve them while they are in state)
Personal Jurisdiction
53
- Aimed at non-resident defendants
| - Permits a court to reach beyond the state's boundaries for jurisdiction over non-residents
Jurisdiction over Out-of-State Business Defendants
54
Courts primarily have jurisdiction over corporations when:
- Court is in the state where corporation is incorporated
- Court is in the state where corporation has headquarters
- Court is in a state where corporation is doing business
55
Jurisdiction over Property
In-rem Jurisdiction
56
In rem jurisdiction
Where defendant's property is located creates jurisdiction (tangible and intangible property creates jurisdiction)
57
Federal Courts have exclusive jurisdiction over:
- Federal Claims
- Federal bankruptcy
- Patents
- Copyrights
58
State Courts have exclusive jurisdiction over:
(1) Divorce
| (2) Adoption
59
- Diversity of citizenship with more than $75,000
| - In some cases, both state and federal courts have jurisdiction
Concurrent Jurisdiction
60
Both state and federal courts have concurrent jurisdiction when:
Diversity of citizenship > $75,000 in damages
61
If concurrent jurisdiction exists, plaintiff may bring suit in either _____________ or __________.
State or Federal Court System
62
If plaintiff chooses to file in state court....
Defendant has right to remove case to federal court
63
If plaintiff files suit in a state court in defendant's state of residence.....
Defendant cannot move case to federal court
64
When there is diversity of citizenship, and the court hearing the case is a federal court, should the federal judge apply federal law, or the state law where the case could be heard?
Federal courts must apply state law
65
Happens when incidents related to a litigated case take place in more than one state
Conflict of Law
66
- State rules vary on which rule of law to apply
- If there are multiple issues going on (perhaps both contract and tort), look to the state that has the most significant interests
Conflict of Law
67
Apply the law of the state in which the contract was made
Pure Contract Cases
68
Apply the law of the state where the tort took place
Tort Case
69
Appropriate geographical location where lawsuit is heard
Venue
70
True or False: In well publicized cases, defendants might ask for change of venue.
True (If granted, case will be heard in the same court system, but in a different location)
71
Either party may request a change of venue to a more convenient location that could hear the case.
Doctrine of Forum Non Conveniens
72
With a Doctrine of Forum Non Conveniens, court will consider such issues as:
(1) Where actions of case take place
| (2) Where witnesses are located
