Chapter 6- Federal courts Flashcards
Civil Procedure
The infrastructure of the court system; the rules by which the courts conduct civil trials
Trial Courts
The place in which cases are fought.Hears criminal, civil,and family suits. Two parties try to prove their case, most cases begin here
Appellate (or appeals) Court
Reviews decisions made by lower courts; primary function is to determine if legal errors were made in a lower court
Jury
At the state level, a jury deliberates the facts.
District Courts (state)
Hears most criminal and contract cases. District courts are the final arbiters of state laws and constitutions, however, their decisions can be appealed to a higher court.
The federal system
referred to as a 3 layer cake
Trial Courts (federal)
known as district courts;hear criminal and civil cases; at this level there are an odd number of justices to avoid a tie
Jurisdiction
refers to the power of a court to hear a case
Federal question
you need to have a violation of federal law to have federal question jurisdiction
Subject matter
A court cannot rule on certain claims if they lack the jurisdiction to do so
In Personam
power over the people that are involved in the case (must be in tandem with subject matter)
Once you are physically present in another state’s jurisdiction you are subject to their jurisdiction
Long arm statute
allows for a court to obtain personal jurisdiction over an out-of-state defendant on the basis of the acts committed by said defendant
Venue
where within the jurisdiction is the best place to hear a case; what makes the most practical sense to hear a case
Pleadings
parties take a private dispute and make it a matter of public law
Notice Pleading
you get to assert a claim by putting it in writing
