Chapter 2: Courts & Alternative Dispute Resolution

Question 0

What does Judicial Review mean?

Answer 0

When the judiciary decides whether the laws or actions of the other two branches of government are constitutional. Power established in the case of Marbury v. Madison. (28)

Question 1

What is the role of courts in America?

Answer 1

To interpret and apply law, not to make it (with the exception of common law).

Question 2

Outline the U. S. Court System.

Answer 2

COURT SYSTEMS

California U.S.
U.S. Sup. Ct. (some not all) Highest appeal U.S. Sup. Ct.
(optional) Writ of Certiorari
Cal. Sup. Ct. (some not all)
Cal. Appellate Ct. (6) Appeal mandatory U.S. Ct. Appeal (12)
Superior Ct. Main trial court. U.S. District Ct. (94)
Small Claims Specialty Courts Bankruptcy
Probate Tax
Traffic
Divorce

Question 3

What is the purpose of Appellate Courts?

Answer 3

Act as reviewing courts over application of law, and not fact.

Question 4

What is a “Writ of Certiorari”?

Answer 4

To bring a case before the U.S. Supreme Court, a party requests the Court to issue a writ of certiorari. A writ of certiorari is an order issued by the Supreme Court to a lower court requiring the latter to send it the record of the case for review. The Court will not issue a writ unless at least four of the nine justices approve of it. (40)

Question 5

What does the “rule of four” pertain to?

Answer 5

The U.S. Supreme Court will not issue a writ of certiorari unless four of the nine justices approve of it. (40)

Question 6

How many judges are there in the following courts:

 1. U.S. Supreme Court
 2. California Supreme Court
 3. Appellate Courts

Answer 6

1. 9
2. 7
3. 3

Question 7

What does the term “jurisdiction” mean?

Answer 7

Power to render an enforceable judgement.

Question 8

Describe how state courts have jurisdiction over the person.

Answer 8

State court has jurisdiction over:

1. All people located within the state at the time of service of process.
2. Long Arm Statute: Person who has accident while driving in state.
3. Minimum contact: A person/co. doing regular ongoing business in state.
4. In Rem jurisdiction: Jurisdiction over real property located in the state.

Question 9

Explain how certain courts have jurisdiction over the subject matter.

Answer 9

FEDERAL COURTS:

Federal Issues-(1) Federal Statute (bankruptcy) (2) provision in Constitution (3) U.S. Treaty

Diversity of Citizenship (greater than $75,000): lawsuit between 2 people that live in different states

STATE COURTS:

Any type of case except Federal specialty case ( bankruptcy, tax,…)

Question 10

What is exclusive jurisdiction?

Answer 10

Cases that apply to only one court.

Question 11

What is concurrent jurisdiction?

Answer 11

Cases that apply to both courts ( federal & state).

Question 12

Name the two types of personal property.

Answer 12

Tangible, property that can be touched and intangible, any property that has value but not located in the property itself (stock).

Question 13

What is a summons?

Answer 13

Defendant must show up for court.

Question 14

What is a subpoena used for?

Answer 14

Requires someone to testify in court.

Question 15

What does the term “venue” mean

Answer 15

Which court (of many with jurisdiction) is the most convenient. If lawsuit involves accident or injury, a motion can be Made to move the venue near the location of said accident.

Question 16

What is the purpose of mediation?

Answer 16

Encourage parties to come to a compromise.

Question 17

What is arbitration?

Answer 17

Arbitrator will make a decision after listening to both parties. Binding arbitration means that the decision is final. Non-binding arbitration means the parties do not have to follow the arbitrators decision.