Chapter 2: courts and jurisdiction Flashcards
Courts and Jurisdiction
everyone is entitled to one trial and one appeal, state is required to have one district court
Civil Court
Resolves private disputes between two persons; preferred remedy is money (entitled to jury with simple majority vote)
Criminal Court
Ultimate victim is society and punishment can include incarceration, fines, and sanctions; must have unanimous verdict or else hung jury could occur
Limited-Jurisdiction Trial Courts
A court that hears matters of a specialized or limited nature
Small Claim Courts
Where civil cases are held involving small dollar amounts ($5,000 or less)
General Jurisdiction Trial Courts
A court that hears cases of a general nature that is not within the jurisdiction of limited jurisdiction trial courts
Intermediate Appellate Courts (Appellate Courts)
A court that hears appeal from trials court to determine whether there have been any errors at a trial
Highest State Courts
Highest court in the state court system; hears appeals from intermediate appellate state courts and certain trial courts
Scotland Court System
3 verdicts and 1 trial
Verdicts: Unanimously guilty, innocent verdict, not proven
Article III of the US Constitution
provides federal government’s judicial power in supreme courts; establishes that federal courts have inferior power
US Tax Court
Handles cases that involve federal tax laws
US Court of Federal Claim
Hears cases brought against the US
US Court of International Trade
Cases that involve tariffs and international trade disputes
US Bankruptcy Court
Cases that involve federal bankruptcy
US Court of Appeals for the Armed Forces
Exercises jurisdiction over decision of the Department of Veteran Affairs
US District Courts
The federal court system trial courts of general jurisdiction
District
The geographical area served by each court
US Court of Appeals
The federal court system’s intermediate appellate courts
District of Colombia Circuit
12th Circuit court, located in Washing DC
En Banc Review
When a chief judge orders that every judge read the transcript
Supreme Court of the United States
Highest court of the US, located in Washington DC; created by Article III of the US Constitution
Petition for Certioran
A petition asking the supreme court to hear a case
Writ of Certioran
An official notice that the Supreme Court will review a case
Unanimous Decision
All the justices voting agree as to the outcome and reasoning used
Majority Decision
Majority of justices agree to the outcome and reasoning used to decide a case; precedent for later case
Plurality Decision
Majority of the justices agree as to the outcome of a case but not as to the reasoning for reaching the outcome
Tie Decision
Could happen when the supreme court sits without all nine justices being present
Concurring Opinion
A justice who agrees with the outcome of a case but not the reason proffered by other justices
Dissenting Opinion
A justice who does not agree with a decision
Federal Question Case
A case arising under the US Constitution, treaties, or federal statutes and regulations
Diversity of Citizenship
A means for bringing a lawsuit in federal court that involves a non-federal question if the parties are:
- citizens of different states
- a citizens of a state and a citizen or subject of a foreign country
Standing to Sue
Some stake in the outcome of a lawsuit
In personam jurisdiction (personal juridiction)
Jurisdiction over the parties to a lawsuit
Service of Process
A summon being served on a defendant to obtain personal jurisdiction over him or her
Long-arm Statute
A statute that extends a state’s jurisdiction to nonresidents who were not served a summons within the state
In Rem Jurisdiction
Jurisdiction to hear a case because of jurisdiction over the property
Quasi in rem Jurisdiction
Jurisdiction that allows a plaintiff who obtains a judgement in one state to try to collect the judgement by attaching property of the defendant that is located in another state
Venue
A concept that requires lawsuits to be hard by the court with jurisdiction that is nearest the location in which the incident occurred or where the parties reside; refers to which court house will take the case (closest courthouse)
Change of Venue
When a partial publicity may prejudice jurors located in the proper venue
Forum Shopping
Looking for a favorable court without a valid reason
Forum-selecting Clause
A contract provision that designates a certain court to hear any dispute concerning nonperformance of the contract
Choice-of-law Clause
A contract provision that designates a certain states law or country’s law that will be applied in any dispute concerning nonperformance of the contract
Zippo Manufacturing Company vs. Zippo dot com
established a test for determining when a court has jurisdiction over the owner or operator of an interactive, semi-interactive, or passive website
