Chapter 2 Flashcards
Limited-jurisdiction trial court
A court that hears matters of a specialized or limited nature.
Small claims court
A court that hears civil cases involving small dollar amounts.
General-jurisdiction trial court
A court that hears cases of a general nature that are not within the jurisdiction of limited-jurisdiction trial courts. Testimony and evidence at trial are recorded and stored for future reference.
Intermediate appellate court
An intermediate court that hears appeals from trial courts.
State supreme court
The highest court in a state court system; it hears appeals from intermediate appellate state courts and certain trial courts.
Special federal courts
Federal courts that hear matters of specialized or limited jurisdiction.
U.S. district courts
The federal court system’s trial courts of general jurisdiction.
U.S. courts of appeals
The federal court system’s intermediate appellate courts.
Court of Appeals for the Federal Circuit
A U.S. Court of Appeals in Washington, DC, that has special appellate jurisdiction to review the decisions of the Court of Federal Claims, the Patent and Trademark Office, and the Court of International Trade.
U.S. Supreme Court
The highest court in the United States, located in Washington, DC. The Supreme Court was created by Article III of the U.S. Constitution.
Petition for certiorari
A petition asking the Supreme Court to hear a case.
Writ of certiorari
An official notice that the Supreme Court will review a case.
Federal question case
A case arising under the U.S. Constitution, treaties, or federal statutes and regulations.
Diversity of citizenship
A means for bringing a lawsuit in federal court that involves a non-federal question if the parties are (1) citizens of difference states or (2) a citizen of a state and a citizen or subject of a foreign country.
Exclusive Jurisdiction
Jurisdiction held by only one court.
Concurrent Jurisdiction
Jurisdiction shared by two or more courts.
Standing to sue
Some stake in the outcome of a lawsuit.
in personam jurisdiction
Jurisdiction over the parties to a lawsuit.
service of process
A summons being served on the defendant to obtain personal jurisdiction over him or her.
in rem jurisdiction
Jurisdiction to hear a case because of jurisdiction over the property of the lawsuit.
quasi in rem jurisdiction
Jurisdiction that allows a plaintiff who obtains a judgement in one state to try to collect the judgement by attaching property of the defendant located in another state.
Long-arm statute
A statute that extends a state’s jurisdiction to nonresidents who were not served a summons within the state.
Venue
A concept that requires lawsuits to be heard by the court with jurisdiction that is nearest the location in which the incident occurred or where the parties reside.
Forum-selection clause
A contract provision that designates a certain court to hear any dispute concerning nonperformance of the contract.
choice-of-law clause
A contract provision that designates a certain state’s law or country’s law that will be applied in any dispute concerning nonperformance of the contract.
