Court System and Jurisdiction Ch. 1 Flashcards
Court
A body of government organized to administrate justice
What are the 2 court systems
Federal and state
When was the federal court system established
Article 3 of the U.S. Constitution
What are the 3 Federal Court systems
US District Courts, US Courts of Appeals, US Supreme Court
Federal courts here what kind of cases
Federal questions, diversity of citizenship, and Admiralty or Maritime, bankruptcy, patent, and copyright
Federal questions
Matters involving U.S. Constitution, acts of Congress, or treason
Diversity of citizenship
Cases between persons from different states, US citizens and foreign government, or between US and foreign citizens
Admiralty or maritime
Issues pertaining to the sea
The US district courts are also called
Federal district courts
US district courts or federal District courts Here what kind of cases
Federal cases before appeal
How many District Court does each state have
At least one District Court within its boundaries
US Court of Appeal here what kind of cases
Cases that have been appealed from federal district courts
US courts of appeal cases are decided by
A group of 3 judges
How many Courts of Appeals does each US judicial circuit have
Only one
Which court is the highest in the land
The US Supreme Court
The US Supreme Court hears appeals from what other courts when federal questions are involved
US appellate courts and highest state courts
How many justices must agree to hear a case in the US Supreme Court
4 out of 9 justices
Writ of Certiorari
Orders lower courts to deliver records for review
When the US Supreme Court refuses to hear a case what is marked on the record
cert. den. (certiorari denied)
What do state courts have
Each state has its own structure separate from executive and legislative branches
What are the 3 Categories of state courts
Trial courts, intermediate appellate courts, Supreme Court
What are state trial courts
Superior courts, circuit courts, or courts of Common Pleas
What cases are state trial courts
Majority of the cases are criminal and civil cases, jury and nonjury, involving activity within state
Each county has what kind of lesser courts
District or municipal, juvenile, traffic, housing, and land also special courts for adoption, divorce and estate settlements
What do courts of appeal or appellate courts do
Review decisions of lower courts
Define appeal
Request by either party for review of lower court’s decision must be taken and heard by 3 judges appellate panel before going to the state Supreme Court
What does state Supreme Court’s do
Court of last resort that hears appeals of parties aggrieved by lower court decisions
What cases in the state Supreme Court may be appealed in the US Supreme Court
Cases raising a US constitutional or federal question (Roe versus Wade)
Define jurisdiction
Power or authority of court to hear a case
What are the types of jurisdiction
Original jurisdiction, appellate jurisdiction, exclusive jurisdiction, concurrent jurisdiction
Define original jurisdiction
Power to hear the case when it first goes to court
Define appellate jurisdiction
Power to hear a case when it is appealed
Define exclusive jurisdiction
Power to hear case to the exclusion of all other courts
Define concurrent jurisdiction
2 or more courts have power to hear case
Doctrine of formal non-conveniens
Court with concurrent jurisdiction may refuse to hear cases when it feels justice would be better served in a different court
How is jurisdiction determined
By the type of lawsuit who/what it is directed against
Define in rem action
Directed against real property usually a local action
For court to have jurisdiction in rem action
The property (Res) must be located in the state and county where the court sits
Quasi-in rem action
Defendant owns real property in one state and lives in another
The court where property is located has jurisdiction over
The property not the person
Recovery is limited to what
To the value of property in state if defendant fails to appear
Jurisdiction over personal action is called what
In personam action
When do you have jurisdiction over defendant
Only by court where a person lives or does business
What is Long arm statues
Courts may obtain jurisdiction over defends in another state where defendants do business
Plenary jurisdiction
Complete jurisdiction over plaintiff, defendant, and subject matter
Transitory action
Does not concern land and may be brought in more than one place as long as the court has proper jurisdiction
Define venue
geographic location where the action should be tried
Define change of venue
Removal of suit to another court with jurisdiction for the sake of justice
Define alternative dispute resolution (ADR)
Using means other than trial to resolve civil disputes
What are the types of ADR
Negotiation, mediation, arbitration, mini trial
Define negotiation
Two-party process where sides bargain with each other until one side agrees to the other side’s offer. No attorney is needed and written agreement of terms
Defined mediation or conciliation
Informal process where neutral third-party (mediator) listens to both sides and assist parties to compromise and settle
In mediation what is caucus
Each side’s private session where a mediator asked questions To learn what is behind each sides demands
Define arbitration
Neutral third-party (arbitrator) makes a decision after hearing both sides
What is binding arbitration
Parties agree in advance to follow arbitrator’s decision
What is nonbinding arbitration
Arbitrator’s decision is a recommendation
What is compulsory or mandatory arbitration
Required by law or government
Define mini trial
an informal trial run by private organization where parties agree to b e bound by decision
