Chapter 3- Courts and Jurisdiction

Question 0

Limited-jurisdiction trial court (inferior trial court)

Answer 0

A court that hears matters of a specialized of limited nature.

Question 1

State Courts

Answer 1

The court system of each state.

Question 2

Small claims courts

Answer 2

Courts that hear civil cases involving small dollar amounts (e.g., $5,000 or less).

Question 3

General-jurisdiction trial court (court of record)

Answer 3

A court that hears cases of a general nature that are not within the jurisdiction of limited-jurisdiction trial courts. Testimony and evidence at trial are recorded and stored for future reference.

Question 4

Intermediate appellate courts (appellate courts or courts of appeals)

Answer 4

Courts that hear appeals from trial courts. They review the trial court record to determine whether there have been any errors at trial that would require reversal or modification of the trial court’s decision.

Question 5

Highest state court

Answer 5

The highest court in a state court system; it hears appeals from intermediate appellate state courts and certain trial courts.

Question 6

Delaware Court of Chancery

Answer 6

Decides cases involving corporate governance, fiduciary duties of corporate officers and directors, mergers and acquisitions, and other business issues.

Question 7

Article III of the U.S. Constitution

Answer 7

Provides that the federal government’s judicial power is vested in one “Supreme Court”.

Question 8

Special federal courts

Answer 8

Federal courts that hear matters of specialized of limited jurisdiction.

Question 9

Foreign Intelligence Surveillance Court (FISA Court)

Answer 9

FISA court hears requests by federal law enforcement agencies, such as the Federal Bureau of Investigations (FBI) and National Security Agency (NSA), for warrants, called FISA warrants.

Question 10

FISA warrants

Answer 10

Warrants to conduct physical searches and electronic surveillance of Americans or foreigners in the United States who are deemed a threat to national security.

Question 11

U.S. Foreign Intelligence Surveillance Court of Review (FISCR)

Answer 11

When the FISA courts denies a government application for a FISA warrant, the government makes appeals at this court.

Question 12

U.S. district courts

Answer 12

The federal court system’s trial courts of general jurisdiction.

Question 13

District

Answer 13

The geographical area served by each court.

Question 14

U.S. courts of appeals

Answer 14

The federal court system’s intermediate appellate courts.

Question 15

Circuit

Answer 15

The geographical area served by each court.

Question 16

Court of Appeals for the Federal Circuit

Answer 16

A U.S. Court of Appeals in Washington, DC, that has special appellate jurisdiction to review the decisions of the Court of Federal Claims the Parent and Trademark Office, and the Court of International Trade.

Question 17

Supreme Court of the United States (U.S. Supreme Court)

Answer 17

The highest court int he United States, located in Washington, DC. The supreme Court was created by Article III of the U.S. Constitution.

Question 18

Chief Justice of the U.S. Supreme Court

Answer 18

A justice who is appointed by the president, and is responsible for the administration of the court.

Question 19

Associate Justice of the U.S. Supreme Court

Answer 19

One of eight justices on the U.S. Supreme Court who was nominated by the president and confirmed by the Senate.

Question 20

Petition for certiorari

Answer 20

A petition asking the Supreme Court to hear a case.

Question 21

Writ of certiorari

Answer 21

An official notice that the Supreme court will review a case.

Question 22

Unanimous decision

Answer 22

When all justices voting agree on the outcome and reasoning used to decide a case. Unanimous decisions are precedent for later cases.

Question 23

Majority decision

Answer 23

When a majority of the justices agree as to the outcome and reasoning used to decide a case. Majority decisions are precedent for later cases.

Question 24

Plurality decision

Answer 24

When a majority of the justices agree as to the outcome of a case but not as to the reasoning for reaching the outcome. Plurality decisions settles the case but are not precedent for later cases.

Question 25

Tie decision

Answer 25

When the Supreme Court sits without all nine justices being present, and there is a tic decision. The lower court decision is affirmed. Tie decisions are not precedent for later cases.

Question 26

Concurring opinion

Answer 26

A opinion of a justice who agrees with the outcome of a case but not the reasoning proffered by other justices, that sets forth there reasons for deciding the case.

Question 27

Dissenting opinion

Answer 27

A justice who does not agree with a decision can file a dissenting opinion, that sets forth the reasoning for his or her dissent.

Question 28

Federal question case

Answer 28

A case arising under the U.S. constitution, treaties, or federa statutes and regulations.

Question 29

Diversity of citzenship

Answer 29

A means for bringing a lawsuit in federal court that involves a nonfederal question if the parties are (1) citizens of different stats or (2) a citizen of a state and a citizen of subject of a foreign country.

Question 30

Concurrent jurisdiction

Answer 30

Courts to hear cases involving diversity of citizenship and federal questions over which federal courts do not have exclusive jurisdiction.

Question 31

Standing to sue

Answer 31

Some stake in the outcome of a lawsuit.

Question 32

in personam jurisdiction (personal jurisdiction)

Answer 32

Jurisdiction over the parties to a lawsuit.

Question 33

Service of process

Answer 33

A summons being served on a defendant to obtain personal jurisdiction over them.

Question 34

Long-arm statute

Answer 34

A statue that extends a state’s jurisdiction to nonresidential who were not served a summons within the state.

Question 35

In rem jurisdiction

Answer 35

Jurisdiction to hear a case because of jurisdiction over the property of the lawsuit.

Question 36

Quasi in rem jurisdiction (attachment jurisdiction)

Answer 36

Jurisdiction that allows a plaintiff who obtains a judgement in one state to try to collect the judgement by attaching property of the defendant located in another state.

Question 37

Full Faith and Credit Clause

Answer 37

A judgement of a court of one state must be given “full faith and credit” by the courts of another state.

Question 38

Venue

Answer 38

A concept that requires lawsuits to be heard by the court with jurisdiction that is nearest the location in which the incident occurred or where the parties reside.

Question 39

Forum-selection clause (choice of forum clause)

Answer 39

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

Question 40

Choice-of-law-clause

Answer 40

A contract provision that designates a certain state’s or county’s law that will be applied in any dispute concerning nonperformance of the contract.

Question 41

Zippo Manufacturing Company v. Zippo Dot Com, Inc.

Answer 41

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