Chapter 3 - The American Legal System

Question 1

Jurisdiction

Answer 1

The power of the court to hear a case and render a binding decision

Question 2

2 Major Court Systems:

Answer 2

1. Federal Court System
2. The court systems of the 50 states and the District of Columbia

Each of these systems has jurisdiction (authority) to hear different types of lawsuits (cases)

Question 3

Types of State Court Systems

Answer 3

1. Limited-Jurisdiction Trial Courts
2. General-Jurisdiction Trial Courts
3. Intermediate Appellate Courts
4. Supreme Court

Question 4

Limited-Jurisdiction Trial Courts

Answer 4

Hear matters of a specialized or limited nature
Traffic court
Juvenile court
Justice-of-the-peace court
Probate court
Family law court
Small claims court
Courts that hear misdemeanor criminal law cases and civil lawsuits under a certain dollar amount

Question 5

General-Jurisdiction Trial Courts

Answer 5

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

Question 6

Intermediate Appellate Courts

Answer 6

A court that hears appeals from trial courts
Reviews the trial court record to determine if there have been any errors at trial that would require reversal or modification of the decision.

Question 7

State Court Systems:

Answer 7

The highest court in a state court system
Hears appeals from intermediate state courts and certain trial courts
No new evidence or testimony is heard
Decision of state supreme courts are final, unless a question of law is involved that is appealable to the US Supreme Court

Question 8

Federal Court System

Answer 8

1. Special Federal Courts
2. U.S. District Courts
3. U.S. Courts of Appeals
4. U.S. Supreme Court

Question 9

U.S. Supreme Court

Answer 9

Created by Article III of the U.S. Constitution
Supreme Court is the highest court in the land and is located in Washington D.C.
Composed of 9 justices who are nominated by the President and confirmed by the Senate

Question 10

Special Federal Court:

Answer 10

Federal courts that hear matters of specialized or limited jurisdiction 
They include: 
1. U.S. Tax Court
2. U.S. Claims Court
3. U.S. Court of International Trade
4. U.S. Bankruptcy Court
6. Immigration Court

Question 11

U.S. District Courts

Answer 11

The federal court system’s trial courts of general jurisdiction
They are empowered to:
1. Impanel juries
2. Receive evidence
3. Hear testimony
4. Decide cases
Most federal cases originate in federal district court

Question 12

U.S. Court of Appeals

Answer 12

The federal court system’s intermediate appellate courts
These courts hear appeals from the district courts located in their circuit
Review the record of lower courts or administrative agency proceedings
Determine if there has been any error that would warrant reversal or modification of the lower court decision

Question 13

U.S. Supreme Court

Answer 13

The Supreme Court hears appeals from: 
1. Federal Circuit Court of Appeals
2. Federal District Courts, under certain circumstances
3. Special Federal Courts
4. The highest state courts
No new evidence or testimony is heard
The lower court record is reviewed and determine whether there has been an error that warrants a reversal or modification of the decision.
The Supreme Court's decision is final

Question 14

Types of Decisions Issued by the Supreme Court:

Answer 14

1. Unanimous decision
2. Majority decision
3. Plurality decision
4. Tie decision
   Justices may issue a concurring or dissenting opinion

Question 15

Petition for Certiorari

Answer 15

A petition asking the Supreme Court to hear the case

Question 16

Writ of Certiorari

Answer 16

An official notice that the Supreme Court will review a case

Question 17

Standing to Sue

Answer 17

Plaintiff must have a stake in the outcome of a case

Question 18

Types of Jurisdiction

Answer 18

1. In personam
2. In rem
3. Subject Matter
4. Quasi in rem

Question 19

In Personam Jurisdiction

Answer 19

Personal jurisdiction is obtained by:
The plaintiff by virtue of filing the suit
The Defendant by serving summons within the state, by mailing summons, or by publication
Party disputing jurisdiction may make a special appearance

Question 20

In Rem Jurisdiction

Answer 20

Court has jurisdiction over the property of the lawsuit

Within state borders

Question 21

Quasi in Rem Jurisdiction

Answer 21

Attachment jurisdiction
Attach property located in another state
Jurisdiction which allows a plaintiff who obtains a judgment in one state to try to collect the judgment by attaching a property of the defendant located in another state

Question 22

Long-Arm Statute:

Answer 22

State courts obtain jurisdiction over persons or businesses located in another state.
Allows summons to be served in other states
Must have minimum contact with state
Must uphold notions of fair play and substantial justice
Forum-Selection Clause - a contract provision that designates a certain court to hear any dispute concerned nonperformance of the contract
Tort Committed Within State
Property within state
Transaction occurred within state
Extradition

Question 23

Subject Matter Jurisdiction

Answer 23

Exclusive Federal Jurisdiction
Concurrent Jurisdiction
State Court Jurisdiction

Question 24

Venue:

Answer 24

The proper location (court) within the court system that has jurisdiction
I.E. County and city
Venue requires lawsuits to be heard by the court with jurisdiction closest to the location where the incident occurred or parties reside
Change of venue may be requested in order to find impartial jury

Question 25

Subject Matter Jurisdiction

Answer 25

Purpose - Does the Court have Authority?
General Jurisdiction - Authority to hear any case
Limited - Authority to hear specific kinds of cases
Diversity of Citizenship
Federal Issues

Question 26

Diversity of Citizenship:

Answer 26

Plaintiffs/Defendants - citizens of different states
Corporation is citizen of: state of corporation or citizen of state or principal business
Total activity test for corporation
Claim must by $75,000+

Question 27

Parties to a Lawsuit:

Answer 27

Plaintiff vs. Defendant
Counterclaim - counter plaintiff vs. counter defendant 
Appellant vs. Appellee
Petitioner vs. Respondent
Third-party Defendant

Question 28

Class-Action Suits

Answer 28

Filed on behalf of all with similar claim
Notice given to all members of class
Plaintiff pay court courts
Settlement - benefit class, release all claims

Question 29

Procedural Rules:

Answer 29

1. Pleadings
2. Pre trial Motions
3. Discovery
4. Pretrial Conference
5. Trial
6. Post-trial Motions
7. Appeal

Question 30

Pre Trial Procedures:

Answer 30

1. Pleadings: complaint & answer - counterclaims

2. Default

Question 31

Discovery

Answer 31

Purpose: 
1. Lawsuit based on merits of case
2. Assist in trial preparations 
3. Narrow issues
Methods:
1. Interrogatories 
2. Request production of documents
3. Deposition
4. Request for admission
5. Medical and mental examinations

Question 32

Motions:

Answer 32

1. Question of law
2. Statute of limitations
3. Judgment on pleadings or summary
4. Judgment
5. Affidavits
6. Frivolous case

Question 33

Trial:

Answer 33

1. Jury Selection - Voir Dire
2. Preemptory challenges
3. Opening statement - essential facts
4. Introduction of evidence
5. Directed verdict?
6. Closing arguments
7. Jury instructions

Question 34

Burden of Proof:

Answer 34

Burden/responsibility of evidence
Criminal cases - beyond a reasonable doubt
Civil cases - preponderance of evidence and clear and convincing proof

Question 35

Civil Case Decision

Answer 35

Judgment - in favor of party that won jury’s verdict

Judgment notwithstanding the verdict -post-trial motion, counter to jury’s verdict

Question 36

Judicial Review

Answer 36

Power to interpret legislation and determine constitutionality
Judicial restraint - strict constructionism and change comes from political process
Judicial activism - court corrects society wrongs and value-oriented

Question 37

Jurors:

Answer 37

Fact-finding body - petit jury
Size - usually 12, some provisions for smaller
Decision - usually unanimous, no reason given

Question 38

Lawyers

Answer 38

System is adversarial
Functions as: 1. Counselor 2. Advocate 3. Public servant
Presents: 1. Evidence 2. Points of law 3. Arguments

Question 39

Briefing a Case:

Answer 39

1. Facts - key parties and actions
2. Issue - what question needs to be answered?
3. Decision/holding - how does the court respond?
4. Reasons - Court’s logic for deciding issue based on facts