Chapter 2

Question 1

Appellate Court Outcomes:

Answer 1

• affirm the decision (uphold the lower court)
• reverse the decision (change the lower court’s decision)
• reverse and remand the case (change the lower court’s decision and send it back to the trial court to be retried).

Question 2

petition for a writ of certiorari

Answer 2

To request a hearing in the Supreme Court, a party files with the Court a document

Question 3

What does a court need to have jurisdiction over a case?

Answer 3

• subject matter jurisdiction , the authority to hear the type of case before the court
• personal jurisdiction , authority or power over the parties, especially the defendant.

Question 4

rem jurisdiction or quasi in rem jurisdiction

Answer 4

Sometimes the defendant’s property becomes a substitute for personal jurisdiction.

Question 5

When does a federal court have subject jurisdiction over civil cases?

Answer 5

-t he case involves a constitutional issue;

• the case involves a treaty;
• the case involves a federal law, such as those that regulate bankruptcy, patent and copyright, discrimination, or maritime issues;
• the U.S. government is a plaintiff or defendant in the lawsuit; or
• the plaintiff and defendant are not citizens of the same state (diversity of citizenship ).

Question 6

Jurisdiction based on diversity of citizenship has two requirements:

Answer 6

• the plaintiff and defendant are not residents of the same state; and
• if the case is a claim for money damages, the damages claimed must exceed $75,000.

Question 7

Exclusive jurisdiction

Answer 7

the action must be brought in federal court.

Question 8

Concurrent jurisdiction

Answer 8

can be brought either in federal court or in state court.

Question 9

Supplemental jurisdiction (aka pendent or ancillary jurisdiction)

Answer 9

Even if a matter is not normally within the subject matter jurisdiction of the federal courts, it is often heard in federal court if it is in conjunction with a case that is within the subject matter jurisdiction of the court.

Question 10

general jurisdiction

Answer 10

the power to hear any kind of case except those that must be brought in federal court.

Question 11

limited subject matter jurisdiction

Answer 11

has authority to hear only certain kinds of cases.

Question 12

two types of personal jurisdiction over a defendant:

Answer 12

general and specific.

General jurisdiction allows a court to hear any type of case against the defendant. General jurisdiction for a defendant usually exists in the state where the defendant is domiciled.

Specific jurisdiction occurs where a defendant is not a resident of the state but the lawsuit arises from conduct of the defendant connected to the state.

Question 13

“purposeful availment.”

Answer 13

Courts can usually exercise personal jurisdiction over a nonresident defendant if that person or entity is doing business within the state and therefore has the opportunity to avail itself of the state’s laws and state’s courts.

Question 14

long-arm statutes .

Answer 14

state laws describing the circumstances under which the state may exercise jurisdiction over nonresident defendants

Question 15

Choosing the court in the proper geographical area of the state is a question of venue .