Chapter 2: courts and jurisdiction

Question 1

Courts and Jurisdiction

Answer 1

everyone is entitled to one trial and one appeal, state is required to have one district court

Question 2

Civil Court

Answer 2

Resolves private disputes between two persons; preferred remedy is money (entitled to jury with simple majority vote)

Question 3

Criminal Court

Answer 3

Ultimate victim is society and punishment can include incarceration, fines, and sanctions; must have unanimous verdict or else hung jury could occur

Question 4

Limited-Jurisdiction Trial Courts

Answer 4

A court that hears matters of a specialized or limited nature

Question 5

Small Claim Courts

Answer 5

Where civil cases are held involving small dollar amounts ($5,000 or less)

Question 6

General Jurisdiction Trial Courts

Answer 6

A court that hears cases of a general nature that is not within the jurisdiction of limited jurisdiction trial courts

Question 7

Intermediate Appellate Courts (Appellate Courts)

Answer 7

A court that hears appeal from trials court to determine whether there have been any errors at a trial

Question 8

Highest State Courts

Answer 8

Highest court in the state court system; hears appeals from intermediate appellate state courts and certain trial courts

Question 9

Scotland Court System

Answer 9

3 verdicts and 1 trial

Verdicts: Unanimously guilty, innocent verdict, not proven

Question 10

Article III of the US Constitution

Answer 10

provides federal government’s judicial power in supreme courts; establishes that federal courts have inferior power

Question 11

US Tax Court

Answer 11

Handles cases that involve federal tax laws

Question 12

US Court of Federal Claim

Answer 12

Hears cases brought against the US

Question 13

US Court of International Trade

Answer 13

Cases that involve tariffs and international trade disputes

Question 14

US Bankruptcy Court

Answer 14

Cases that involve federal bankruptcy

Question 15

US Court of Appeals for the Armed Forces

Answer 15

Exercises jurisdiction over decision of the Department of Veteran Affairs

Question 16

US District Courts

Answer 16

The federal court system trial courts of general jurisdiction

Question 17

District

Answer 17

The geographical area served by each court

Question 18

US Court of Appeals

Answer 18

The federal court system’s intermediate appellate courts

Question 19

District of Colombia Circuit

Answer 19

12th Circuit court, located in Washing DC

Question 20

En Banc Review

Answer 20

When a chief judge orders that every judge read the transcript

Question 21

Supreme Court of the United States

Answer 21

Highest court of the US, located in Washington DC; created by Article III of the US Constitution

Question 22

Petition for Certioran

Answer 22

A petition asking the supreme court to hear a case

Question 23

Writ of Certioran

Answer 23

An official notice that the Supreme Court will review a case

Question 24

Unanimous Decision

Answer 24

All the justices voting agree as to the outcome and reasoning used

Question 25

Majority Decision

Answer 25

Majority of justices agree to the outcome and reasoning used to decide a case; precedent for later case

Question 26

Plurality Decision

Answer 26

Majority of the justices agree as to the outcome of a case but not as to the reasoning for reaching the outcome

Question 27

Tie Decision

Answer 27

Could happen when the supreme court sits without all nine justices being present

Question 28

Concurring Opinion

Answer 28

A justice who agrees with the outcome of a case but not the reason proffered by other justices

Question 29

Dissenting Opinion

Answer 29

A justice who does not agree with a decision

Question 30

Federal Question Case

Answer 30

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

Question 31

Diversity of Citizenship

Answer 31

A means for bringing a lawsuit in federal court that involves a non-federal question if the parties are:

1. citizens of different states
2. a citizens of a state and a citizen or subject of a foreign country

Question 32

Standing to Sue

Answer 32

Some stake in the outcome of a lawsuit

Question 33

In personam jurisdiction (personal juridiction)

Answer 33

Jurisdiction over the parties to a lawsuit

Question 34

Service of Process

Answer 34

A summon being served on a defendant to obtain personal jurisdiction over him or her

Question 35

Long-arm Statute

Answer 35

A statute that extends a state’s jurisdiction to nonresidents who were not served a summons within the state

Question 36

In Rem Jurisdiction

Answer 36

Jurisdiction to hear a case because of jurisdiction over the property

Question 37

Quasi in rem Jurisdiction

Answer 37

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

Question 38

Venue

Answer 38

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)

Question 39

Change of Venue

Answer 39

When a partial publicity may prejudice jurors located in the proper venue

Question 40

Forum Shopping

Answer 40

Looking for a favorable court without a valid reason

Question 41

Forum-selecting Clause

Answer 41

A contract provision that designates a certain court to hear any dispute concerning nonperformance of the contract

Question 42

Choice-of-law Clause

Answer 42

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

Question 43

Zippo Manufacturing Company vs. Zippo dot com

Answer 43

established a test for determining when a court has jurisdiction over the owner or operator of an interactive, semi-interactive, or passive website