Chapter 2

Question 1

Adjudication

Answer 1

The fitting of rules to facts required for settling legal controversies. Primarily perfomed by state and federal courts.

Question 2

Courts of Limited Jurisdiction

Answer 2

Every state has trial courts that are limited as to the kinds of cases they can hear and are thus called courts of limited jurisdiction. Examples include peace courts, muicipal courts, traffic courts, etc.

Question 3

General Trial Courts

Answer 3

Most important cases involving state law commence in these courts. These are courts empowered to hear all cases except those expressly assigned by statue to courts of limited jurisdiction.

Question 4

Appellate Court

Answer 4

All states have one or more appellate court. Hear appeals from judgments entered by the courts below.

Question 5

Specialized US Courts

Answer 5

Some federal courts have very specialized subject matter jurisdiction. These and other specialized federal courts are somewhat analogous to the courts of limited jurisdiction in state court systems.

Question 6

US District Courts

Answer 6

The basic trial courts within the federal system are the US district cours, or federal courts. Although federal district courts are the most important courts in the federal system, they are not really courts of general jurisdiction in the same sense as are the general state courts.

Question 7

Appellate Courts

Answer 7

There are 13 US courts of appeal, 11 of these located in “circuits” across the country, have jurisdiction to hear appeals from the district cours located in the states within their respective boundaries.

Question 8

Difference between Trial and Appellate Courts

Answer 8

Trial courts must settle questions of both fact and law, whereas appellate courts rule on questions of law only.

Question 9

Subject Matter Jurisdiction

Answer 9

Consists of the power to hear a particular kind of case. In each of our states, provisions in the state constitution specify which types of cases are within the subject matter jurisdiction of which types of courts.

Question 10

Federal Subject Matter Jurisdiction

Answer 10

In the federal system, the US constitution specifies in general terms the kinds of cases that are within the subject matter jurisdiction of the federal courts and federal statutes provide more detail.

Question 11

Subject Matter Jurisdiction of the Federal Courts

–Criminal Cases–

Answer 11

Federal courts have jurisidiction over criminal cases in which a vilation of its federal criminal statute is alleged. Many federal criminal laws are based on the constitutional provision that empowers Congress to pass laws regulating interstate commerce, but some are enacted under the power granted by other constitutional provisions.

Question 12

Subject Matter Jurisdiction of the Federal Courts

–Crivil Cases–

Federal Question

Answer 12

Federal Question Cases

–Federal Corts have subject matter jurisdiction over any civil case in which the plantiff’s claim arises from the US Constitution, a federal statute, or a federal treaty.

Can either be exclusive or concurrent. A claim arising under the US Constitution creaes concurrent federal-state jurisdiction, which means that it can be heard either by a federal or state court.

Question 13

Subject Matter Jurisdiction

Federal Courts

Federal Question

pt. 2

Answer 13

If a federal question case is taken to a federal court, it can be done at the outset, in one of the federal district courts. However if

1. ) a particular federal question case is characterized by concurrent federal-state jurisdiction
2. ) the plantiff chooses to file the case in a state court
3. ) the case proceeds through the state court system until all avenues of appeal in that system are exhausted

either party may ask the US supreme court to review the case because of the presense of the federal question.

Question 14

Subject Matter Jurisdiction

Federal Court

Diveristy of Citizenship Cases

Answer 14

Diversity of Citizenship creates federal subject matter jurisdiction only if the amout in controversy if over $75,000. When federal jurisdiction exists because of diversity of citizenship, it is always concurrent federal-state jurisdiction and the plantiff has a choice in filing in federal court.

Encmpasses several differnt sitiations. Most important situation is one in shich the platiff and defendant are citizens of different states. Also exists when one party is a citizen of a sate in the US and ther other is a citizen of another nation.

Question 15

Diviersity of Citizenship interpretation

Answer 15

Federal courts have interpreted the diversity of citizenshp concept rather narrowly. Diviersity of citizenship ONLY exists if there is no common state citizenship on opposite sides of the case.

If a corporation is a plantiff or defendant, it is considered to be a citizen of the state where it was incoroporated. If it has its principal place of business in another state, it is a citizen of that state as well.

Question 16

Removal from State to Federal Court

Answer 16

If the plantiff chooses state court, however, the dfendant may have a right of removal. This means that within a short period of time after the case is in state court, the defendant may have the case moved to a federal district court in the same geographic area.

Question 17

Personal Jurisdiction

Answer 17

Personal jurisdiction is the court’s jurisdiction over the parties to the case. In a civial lawsuit, the plantiff submits to the court’s personal jurisdiction by filing the case; thus any questions about personal jurisdiction relates to the defendant.

Question 18

In Personam Cases

Answer 18

Personal jurisdiction over the defendant is a requirement. Cases where the plantiff seeks a judgment that will be legally binding against the defendant. Describes most cases.

Question 19

Procedural Due Process

Answer 19

1. ) adequte notice
2. ) a meaningful opportunity to be heard (hearing)
3. ) an impartial decision maker (one who does not have a personal stake in the outcome)
4. ) in court actions, some substantial contact between the defendant and the forum state

Question 20

Appearance

Answer 20

term of art. It does not refer to an actual physical presence in court; instead the term refers to the taking of any formal steps to the defend the case.

An exception ia the special appearance–a motion of other formal action taken by the defendant solely for the purpose of challenging the court’s personal jurisdiction.

Question 21

Long-Arm Statute

Answer 21

Specifies that personal jurisdiction can be acquired over a nonresident defendant who has “done business” or committed a “tort” within the forum state.

In other states, the statute simply provides that jurisdiction can be acquired in any circumstances in which the defendant’s prior contact within the state is sufficient to comply with the fairness requirement of due process.

Question 22

General Personal jurisdiction

Answer 22

When the nonresident has had “substantial continuing contacts” with the form state.

Question 23

Specific Personal Jurisdiction

Answer 23

If the nonresident defendant has intentionally engaged in a specific act in the form state or targeted at the form state, and if the dispute arises out of that specific contact, there is a bases fo specific personal jurisdiction.

Question 24

in Rem Cases

Answer 24

State and federal courts inherently have in rem jurisdiction over any item of property ocated in the form state, whether the property is real estate or an item of tangible or intangible personal property.

Question 25

Conflict of Laws

Answer 25

To determine which state’s laws to apply, we must resort to the choice of law rules, which are designed to prevent a plantiff with multiple jurisdictions from which to choose from “forum shopping’” for the jurisdiction with the laws most favorable to him or her. Each state has a set of choice law rules for determing which state’s or nations law should be used to resolve the case.

Question 26

interest analysis

Answer 26

Using an interest analysis to determine which state’s law to apply, courts would consider such factors as the relevant policies of the forum and of other interested states, the protection of justifed expectations, certainty, predictability, ease of determination of the law to be applied and uniformity of the result.

Question 27

Contract cases

Answer 27

Most significant relationship to the parties

1. ) the place of contracting
2. ) the place of negotiation
3. ) the place of performance
4. ) the location of the subject matter of the contract
5. ) the domicile, residence, nationality, place of incorporation and place of business of the parties

Question 28

Tort cases

Answer 28

Today most corts use the the following factors in deciding which state thas the most significant relationship to both parties.

1. ) place where the injury occurred
2. ) the place where the conduct causing the injury occured
3. ) the domicile, residence, nationality, place of incorporation and place of business of the parties
4. ) the place where the relationship if any between the parties is centered.

Question 29

Remedies

Answer 29

an order addressed to the defendant, requiring that person either to pay money or to do (or not do) a specific act.