Chapter 3 The US legal system 1

Question 1

courts power to hear cases and render decisions that bind the parties before them

Answer 1

jurisdiction

Question 2

(courts of original jurisdiction, courts of common please, county courts) - have the power to hear and decide cases when they first enter the legal system (the parties present evidence and call witnesses to testify)

Answer 2

trial courts

Question 3

have the power to review previous judicial decisions to determine whether trial courts erred in their decisions (do not hold trials)(handle questions of law not questions of fact)

Answer 3

appallate courts

Question 4

an issue concerning the interpretation of application of a law (whether the first amendment protects the students right to utter racial slurs)

Answer 4

questions of law

Question 5

a question about an event or characteristic in a case (whether a student yelled racial slurs on a college campus)

Answer 5

questions of fact

Question 6

who can decide questions of law

Answer 6

only judges

Question 7

who decides questions of fact

Answer 7

trial court

Question 8

the court in which a case is first heard

Answer 8

court of original jurisdiction

Question 8

a trial with no jury (the judge decides questions of fact)

Answer 8

bench trial

Question 9

is a courts power to render a decision affecting the rights of the specific persons before the court (courts power to exercise this extends only over a specific geographic region)

Answer 9

in personam jurisdiction

Question 10

The person or party who initiates a lawsuit (an action) before a court by filing a complaint with the clerk of the court against the defendant(s)

Answer 10

plaintiff

Question 11

The person, party, or entity against whom a civil or criminal lawsuit is filed in a court of law.

Answer 11

defendant

Question 12

A formal written document that begins a civil lawsuit; contains the plaintiff’s list of allegations against the defendant, along with the damages the plaintiff seeks

Answer 12

complaint

Question 13

a court order that notifies the defendant of the lawsuit and explains how and when to respond to the complaint

Answer 13

summons

Question 14

the procedure by which courts present these documents to defendants

Answer 14

service of process

Question 15

The process in which an officer of the court hands legal documents, such as a summons or complaint, to the defendant

Answer 15

personal service

Question 16

a court representative leaves the summons and complaint with a responsible adult at the defendants home and service by certified or ordinary mail

Answer 16

residential service

Question 17

enable the court to serve defendants outside the state as long as the defendant has sufficient minimum contacts within the state and it seems fair to assert long arm jurisdiction over the defendant

Answer 17

long arm statutes

Question 18

The power of a court over the property or status of an out-of-state defendant located within the court’s jurisdiction area

Answer 18

in rem jurisdiction

Question 19

a courts power to hear certain kinds of cases

Answer 19

subject matter jurisdiction

Question 20

exclusive jurisdiction over very few cases: admiralty cases, bankruptcy cases, federal criminal prosecutions, lawsuits in which one state sues another state, claims against the United States, and cases involving federal copyrights and patents

Answer 20

exclusive federal jurisdiction

Question 21

have the power to hear all cases not within the exclusive jurisdiction of the federal court system. State courts also have exclusive jurisdiction over certain cases, such as cases concerning adoption and divorce. Most cases, therefore, fall under state court jurisdiction

Answer 21

state jurisdiction

Question 22

both state and federal courts have jurisdiction over a case, covers two types of cases 1. federal question 2. diveristy of citizenship cases

Answer 22

concurrent federal jurisdiction

Question 23

require interpretation of the US constitution, a federal statute, or a federal treaty

Answer 23

federal question cases

Question 24

entitles the defendant to transfer the case to the federal court system

Answer 24

right of removal

Question 25

determines which trial court in the system will hear the case. Matter of geographic location, where the defendant resides, property is located, where the dispute occurred r all appropriate venues

Answer 25

venue

Question 26

the parties specify which court would hear a dispute over an alleged breach of the contract

Answer 26

forum selection clause

Question 27

clause inserted into the contract that specifies which law will be applied to resolve any disputes that arise under the contract (useful for when you have parties in different states)

Answer 27

choice of law clause

Question 28

an adversary system: a neutral fact finder- a judge or jury - hears evidence and arguments that opposing sides present and then decides the case on the basis of the facts and law

Answer 28

civil litigation