Chapter 2

Question 1

Role of Judiciary (Courts)

Answer 1

To interpret the laws and apply them to specific situations

Question 2

Judicial Review

Answer 2

Determining whether laws or actions of the other two branches are constitutional; explicitly established by supreme court in Marbury v. Madison (1803); exercised by both state and federal courts

Question 3

Jurisdiction

Answer 3

“Power to speak the law” (juris=law diction=to speak); court must have jurisdiction over defendant and over subject matter of dispute

Question 4

In Personam Jurisdiction

Answer 4

Personal jurisdiction; by geography of residents or businesses

Question 5

In Rem Jurisdiction

Answer 5

Jurisdiction over the thing, by geography of property location

Question 6

Long Arm Statute

Answer 6

Court can excercise personal jurisdiction over certain out of state defendants bases on activities that took place within the state; must prove that defendant had sufficient “Minimum Contacts” with the state to justify jurisdiction

Question 7

General Jurisdiction

Answer 7

“unlimited”; can decide cases involving a broad array of issues (i.e. State Trial Court, Federal District Court)

Question 8

Limited Jurisdiction Courts

Answer 8

I.e State Probate courts - state courts handling transfer of a persons assets and obligations after death

i.e. Federal Bankruptcy Courts

Question 9

Courts of Original Jurisdiction

Answer 9

Lawsuits begin, trials take place, evidence is presented; trial courts

Question 10

Courts of Appellate Jurisdiction

Answer 10

Reviewing courts, must first file in trial court before appealing; not being heard for first time

Question 11

Federal Questions

Answer 11

If plaintiff’s case is based on federal law, the court falls under judicial authority of federal courts and courts can apply federal law

Question 12

Diversity of Citizenship

Answer 12

Federal court has jurisdiction over a case that does not involve a question of federal law; plaintiff/defendant residents of different states and the monetary value exceeds 75,000; will apply relevant state laws

Question 13

Exclusive vs. Concurrent Jurisdiction

Answer 13

State/Federal courts have exclusive jurisdiction in some areas, but often a concurrent jurisdiction situation exists and the case can be brought in federal or state courts

Question 14

Standing to Sue

Answer 14

Party must have a legally protected and tangible interest at stake in the litigation

Question 15

Justiciable Controversy

Answer 15

A controversy that is real and substantial as opposed to hypothetical or academic

Question 16

Venue

Answer 16

Finding appropriate location for a trial; civil usually in defendants residence, Criminal usually where crime occured

Question 17

Venue

Answer 17

Finding appropriate location for a trial; civil usually in defendants residence, Criminal usually where crime occured

Question 18

Writ of Certiorari

Answer 18

Supreme court issues order to review lower court cases; must have 4/9 justices approve the writ to issue (rule of 4)

Question 19

3 Types of Alternative Dispute Resolution

Answer 19

Negotiation, Mediation, Arbitration