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PLS127 Legal Terminology > Court System and Jurisdiction Ch. 1 > Flashcards

Court System and Jurisdiction Ch. 1 Flashcards

1
Q

Court

A

A body of government organized to administrate justice

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2
Q

What are the 2 court systems

A

Federal and state

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3
Q

When was the federal court system established

A

Article 3 of the U.S. Constitution

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4
Q

What are the 3 Federal Court systems

A

US District Courts, US Courts of Appeals, US Supreme Court

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5
Q

Federal courts here what kind of cases

A

Federal questions, diversity of citizenship, and Admiralty or Maritime, bankruptcy, patent, and copyright

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6
Q

Federal questions

A

Matters involving U.S. Constitution, acts of Congress, or treason

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7
Q

Diversity of citizenship

A

Cases between persons from different states, US citizens and foreign government, or between US and foreign citizens

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8
Q

Admiralty or maritime

A

Issues pertaining to the sea

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9
Q

The US district courts are also called

A

Federal district courts

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10
Q

US district courts or federal District courts Here what kind of cases

A

Federal cases before appeal

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11
Q

How many District Court does each state have

A

At least one District Court within its boundaries

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12
Q

US Court of Appeal here what kind of cases

A

Cases that have been appealed from federal district courts

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13
Q

US courts of appeal cases are decided by

A

A group of 3 judges

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14
Q

How many Courts of Appeals does each US judicial circuit have

A

Only one

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15
Q

Which court is the highest in the land

A

The US Supreme Court

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16
Q

The US Supreme Court hears appeals from what other courts when federal questions are involved

A

US appellate courts and highest state courts

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17
Q

How many justices must agree to hear a case in the US Supreme Court

A

4 out of 9 justices

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18
Q

Writ of Certiorari

A

Orders lower courts to deliver records for review

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19
Q

When the US Supreme Court refuses to hear a case what is marked on the record

A

cert. den. (certiorari denied)

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20
Q

What do state courts have

A

Each state has its own structure separate from executive and legislative branches

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21
Q

What are the 3 Categories of state courts

A

Trial courts, intermediate appellate courts, Supreme Court

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22
Q

What are state trial courts

A

Superior courts, circuit courts, or courts of Common Pleas

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23
Q

What cases are state trial courts

A

Majority of the cases are criminal and civil cases, jury and nonjury, involving activity within state

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24
Q

Each county has what kind of lesser courts

A

District or municipal, juvenile, traffic, housing, and land also special courts for adoption, divorce and estate settlements

25
Q

What do courts of appeal or appellate courts do

A

Review decisions of lower courts

26
Q

Define appeal

A

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

27
Q

What does state Supreme Court’s do

A

Court of last resort that hears appeals of parties aggrieved by lower court decisions

28
Q

What cases in the state Supreme Court may be appealed in the US Supreme Court

A

Cases raising a US constitutional or federal question (Roe versus Wade)

29
Q

Define jurisdiction

A

Power or authority of court to hear a case

30
Q

What are the types of jurisdiction

A

Original jurisdiction, appellate jurisdiction, exclusive jurisdiction, concurrent jurisdiction

31
Q

Define original jurisdiction

A

Power to hear the case when it first goes to court

32
Q

Define appellate jurisdiction

A

Power to hear a case when it is appealed

33
Q

Define exclusive jurisdiction

A

Power to hear case to the exclusion of all other courts

34
Q

Define concurrent jurisdiction

A

2 or more courts have power to hear case

35
Q

Doctrine of formal non-conveniens

A

Court with concurrent jurisdiction may refuse to hear cases when it feels justice would be better served in a different court

36
Q

How is jurisdiction determined

A

By the type of lawsuit who/what it is directed against

37
Q

Define in rem action

A

Directed against real property usually a local action

38
Q

For court to have jurisdiction in rem action

A

The property (Res) must be located in the state and county where the court sits

39
Q

Quasi-in rem action

A

Defendant owns real property in one state and lives in another

40
Q

The court where property is located has jurisdiction over

A

The property not the person

41
Q

Recovery is limited to what

A

To the value of property in state if defendant fails to appear

42
Q

Jurisdiction over personal action is called what

A

In personam action

43
Q

When do you have jurisdiction over defendant

A

Only by court where a person lives or does business

44
Q

What is Long arm statues

A

Courts may obtain jurisdiction over defends in another state where defendants do business

45
Q

Plenary jurisdiction

A

Complete jurisdiction over plaintiff, defendant, and subject matter

46
Q

Transitory action

A

Does not concern land and may be brought in more than one place as long as the court has proper jurisdiction

47
Q

Define venue

A

geographic location where the action should be tried

48
Q

Define change of venue

A

Removal of suit to another court with jurisdiction for the sake of justice

49
Q

Define alternative dispute resolution (ADR)

A

Using means other than trial to resolve civil disputes

50
Q

What are the types of ADR

A

Negotiation, mediation, arbitration, mini trial

51
Q

Define negotiation

A

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

52
Q

Defined mediation or conciliation

A

Informal process where neutral third-party (mediator) listens to both sides and assist parties to compromise and settle

53
Q

In mediation what is caucus

A

Each side’s private session where a mediator asked questions To learn what is behind each sides demands

54
Q

Define arbitration

A

Neutral third-party (arbitrator) makes a decision after hearing both sides

55
Q

What is binding arbitration

A

Parties agree in advance to follow arbitrator’s decision

56
Q

What is nonbinding arbitration

A

Arbitrator’s decision is a recommendation

57
Q

What is compulsory or mandatory arbitration

A

Required by law or government

58
Q

Define mini trial

A

an informal trial run by private organization where parties agree to b e bound by decision

PLS127 Legal Terminology (21 decks)

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