Chapter 2

Question 1

Litigation

Answer 1

The process of bringing, maintaining, and defending al lawsuit

Question 2

Two major court systems in the US

Answer 2

The federal court system;

The court systems of the 50 states and DC

Question 3

Alternative dispute resolution

Answer 3

Several forms of nonjudicial dispute resolution that have developed in response to the expense and difficulty of bringing a lawsuit

Question 4

Limited-jurisdiction trial courts or inferior trial courts

Answer 4

A court that hears matters of a specialized or limited nature. (Ex. traffic courts, juvenile courts, justice-of-the-peace courts, probate courts, family law courts, and misdemeanor criminal law cases and civil cases involving lawsuits under certain dollar amount). Can be appealed to a general-jurisdiction court or an appellate court

Question 5

Small claims courts

Answer 5

Hear civil cases involving small dollar amounts (Ex. $5000 or less). Cannot have lawyer representing them. Appealable to general-jurisdiction courts or appellate courts

Question 6

General-jurisdiction trial court

Answer 6

They hear cases that are not within the jurisdiction of limited-jurisdiction trial courts, such as felonies, and civil cases over a certain dollar amount. Appealable to the intermediate appellate court or state supreme court

Question 7

Some states divide their general-jurisdiction courts into two divisions, one for:

Answer 7

criminal cases and one for civil cases

Question 8

Courts of record

Answer 8

Another name for general-jurisdiction courts because the testimony and evidence at trial are recorded and stored for future reference

Question 9

Intermediate appellate courts OR appellate courts OR courts of appel

Answer 9

An intermediate court that hears appeals from trial courts;
Reviews trial court record to determine any errors that would require reversal or modifications of the trial court’s decision;
No new evidence is permitted;
Usually grants brief oral hearing to parties;
Appealable to state’s highest court

Question 10

Supreme court

Answer 10

State’s highest court;
Hear appeals from intermediate state courts and certain trial courts;
No new evidence or testimony is heard;
Parties submit legal briefs and are usually granted a brief oral hearing;
Appealable to U.S. Supreme Court

Question 11

U.S. Supreme Court

Answer 11

Federal government’s judicial power is vested into this

Question 12

Special federal courts

Answer 12

Have limited jurisdiction including:
U.S. tax court-Hears cases involving federal tax laws;
U.S. claims court-Hears cases brought against the United States;
U.S. Court of International Trade-Hears cases involving tariffs and international commercial disputes;
U.S. bankruptcy court-Hears cases involving federal bankruptcy laws

Question 13

U.S. district court

Answer 13

The federal court system’s trial courts of general jurisdiction;
1 FDC in each state and DC;
96 FDCs;
Receive evidence, hear testimony, and decide cases

Question 14

U.S. courts of appeal

Answer 14

The federal court system’s intermediate appellate courts;
13 circuits;
12th in DC and called DC Circuit;
Hears appeals from District court in its circuit;
No new evidence or testimony is heard;
Given oral hearing;
Appeals usually heard by three-judge panel

Question 15

Court of Appeals for the Federal Circuit

Answer 15

A court of appeals in Washington, DC, that has special appellate jurisdiction to review the decisions of the Claims Court, the Patent, and Trademark Office, and the Court of Intermediate Trade

Question 16

Supreme Court of the United States

Answer 16

Highest court in the land;
9 justices nominated by POTUS and confirmed by senate;
POTUS appoints one justice as chief and others are associates

Question 17

Petition for certiorari

Answer 17

A petition asking the Supreme Court to hear one’s case

Question 18

Writ of certiorari

Answer 18

An official notice that the Supreme Court will review one’s case

Question 19

Unanimous decision

Answer 19

If all of the justices voting agree as to the outcome and reasoning to decide the case, it’s a unanimous opinion. UDs are precedent for later cases

Question 20

Majority decision

Answer 20

If a majority of the justices agree to the outcome and reasoning used to decide the case, it is a majority opinion. MDs are precedent for later cases

Question 21

Plurality decision

Answer 21

If a majority of the justices agree to the outcome of the case, but not as to the reasoning for the reaching outcome, it is a plurality opinion. PDs are precedent for later cases

Question 22

Tie decision

Answer 22

When the SC sits without all 9 justices being present. If a tie vote, the lower court decision is affirmed. Not precedent for later cases

Question 23

Federal question

Answer 23

A case arising under the US Constitution, treaties, or federal statutes and regulations

Question 24

Diversity of citizenship

Answer 24

A case between (1) citizens of different states, (2) a citizen of a state and a citizen or subject of a foreign country, and (3) a citizen of a state and a foreign country where a foreign country is the plaintiff

Question 25

Exclusive jurisdiction

Answer 25

Jurisdiction held by only one court (federal courts only)

Question 26

Concurrent jurisdiction

Answer 26

Jurisdiction shared by two or more courts ( state and fed. court)

Question 27

Concurring opinion

Answer 27

A justice who agrees as to the outcome of the case but not the reasoning used by other justices may write a concurring opinion, setting forth his or her reasoning

Question 28

Dissenting opinion

Answer 28

A justice who disagrees with the outcome of a case may write a dissenting opinion setting forth his or her reasoning for dissenting