Chapter 2: Courts and Alternative Dispute Resolution

Question 1

Define: Jurisdiction

Answer 1

“the power to speak the law”. A court must have jurisdiction over the person or company being sued or over the property involved and the subject matter of the dispute.

Question 2

Define: in personam jurisdiction

Answer 2

“personal jurisdiction”, a particular court can exercise “in personam jurisdiction” over any PERSON or BUSINESS that resides in a certain GEOGRAPHIC area.

Question 3

Define: in rem jurisdiction

Answer 3

“jurisdiction over the thing”. A court can exercise “in rem jurisdiction” over PROPERTY that is located within its boundaries.

Question 4

Define: Long arm statute

Answer 4

when a court can exercise personal jurisdiction over certain out-of-state defendants based on activities that took place within the state.

Question 5

What must be established in order to obtain a Long arm statute?

Answer 5

It must be demonstrated that the defendant had sufficient contacts, or minimum contacts, with the state to justify the jurisdiction.

Question 6

Define: Subject Matter Jurisdiction

Answer 6

Refers to the limitations of the types of cases a court can hear

Question 7

Define: Probate courts

Answer 7

state courts that handle only matters relating to the transfer of a person’s assets and obligations after that person’s death, including issues relating to the custody and guardianship of children.

Question 8

Define: Courts of Original Jurisdiction

Answer 8

courts of the first instance, or trial courts. (In the federal court system, the district courts are the trial courts)

Question 9

Define: Courts having Appellate Jurisdiction

Answer 9

Courts that act as reviewing courts. Cases can be brought before appellate ourts only on appeal from an order or a judgement of a trial court or other lower court.

Question 10

Define: Concurrent Jurisdiction

Answer 10

When both federal and state courts have the power to hear a case.

Ex: cases involving citizens from more than one state.

Question 11

Define: Exclusive Jurisdiction

Answer 11

When cases can be tried only in federal courts or only in state courts

Question 12

What are some examples of when Federal courts have exclusive jurisdiction?

Answer 12

Ex: federal crimes, bankruptcy, patent/copyright claims, international, admiralty law.

Question 13

What are some examples of when State courts have exclusive jurisdiction?

Answer 13

divorce/adoption

Question 14

How many levels are in the Federal court system?

Answer 14

3; 1) US District Courts 2) US Court of Appeals 3) US Supreme Court

Question 15

How many levels in a typical state court system?

Answer 15

4; 1) Local Trial Courts of Limited Jurisdiction 2) State Trial Courts of General Jurisdiction 3) State Court of Appeals 4) Highest state court/State Supreme Court

Question 16

When is a writ of certiorari needed?

Answer 16

Before a party can bring a case before the Supreme Court, they must request a “writ of certiorari”, which 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.

Question 17

What is the significance of not being granted a “writ of certiorari”?

Answer 17

Denial means that the lower court’s decision remains the law in that jurisdiction, and the denial of the writ has no value as a precedent, and it does not indicate agreement with the lower court’s opinion.

Question 18

Why would a change of venue occur?

Answer 18

Convenience, or pretrial publicity issues may interfere with the defendant’s right to a fair trial.

Question 19

What is Standing?

Answer 19

Sufficient stake in a matter to justify seeking relief through the court system. A party must have a legally protected and tangible interest at stake in the litigation.