Court System and Jurisdiction Ch. 1

Question 1

Court

Answer 1

A body of government organized to administrate justice

Question 2

What are the 2 court systems

Answer 2

Federal and state

Question 3

When was the federal court system established

Answer 3

Article 3 of the U.S. Constitution

Question 4

What are the 3 Federal Court systems

Answer 4

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

Question 5

Federal courts here what kind of cases

Answer 5

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

Question 6

Federal questions

Answer 6

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

Question 7

Diversity of citizenship

Answer 7

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

Question 8

Admiralty or maritime

Answer 8

Issues pertaining to the sea

Question 9

The US district courts are also called

Answer 9

Federal district courts

Question 10

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

Answer 10

Federal cases before appeal

Question 11

How many District Court does each state have

Answer 11

At least one District Court within its boundaries

Question 12

US Court of Appeal here what kind of cases

Answer 12

Cases that have been appealed from federal district courts

Question 13

US courts of appeal cases are decided by

Answer 13

A group of 3 judges

Question 14

How many Courts of Appeals does each US judicial circuit have

Answer 14

Only one

Question 15

Which court is the highest in the land

Answer 15

The US Supreme Court

Question 16

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

Answer 16

US appellate courts and highest state courts

Question 17

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

Answer 17

4 out of 9 justices

Question 18

Writ of Certiorari

Answer 18

Orders lower courts to deliver records for review

Question 19

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

Answer 19

cert. den. (certiorari denied)

Question 20

What do state courts have

Answer 20

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

Question 21

What are the 3 Categories of state courts

Answer 21

Trial courts, intermediate appellate courts, Supreme Court

Question 22

What are state trial courts

Answer 22

Superior courts, circuit courts, or courts of Common Pleas

Question 23

What cases are state trial courts

Answer 23

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

Question 24

Each county has what kind of lesser courts

Answer 24

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

Question 25

What do courts of appeal or appellate courts do

Answer 25

Review decisions of lower courts

Question 26

Define appeal

Answer 26

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

Question 27

What does state Supreme Court's do

Answer 27

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

Question 28

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

Answer 28

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

Question 29

Define jurisdiction

Answer 29

Power or authority of court to hear a case

Question 30

What are the types of jurisdiction

Answer 30

Original jurisdiction, appellate jurisdiction, exclusive jurisdiction, concurrent jurisdiction

Question 31

Define original jurisdiction

Answer 31

Power to hear the case when it first goes to court

Question 32

Define appellate jurisdiction

Answer 32

Power to hear a case when it is appealed

Question 33

Define exclusive jurisdiction

Answer 33

Power to hear case to the exclusion of all other courts

Question 34

Define concurrent jurisdiction

Answer 34

2 or more courts have power to hear case

Question 35

Doctrine of formal non-conveniens

Answer 35

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

Question 36

How is jurisdiction determined

Answer 36

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

Question 37

Define in rem action

Answer 37

Directed against real property usually a local action

Question 38

For court to have jurisdiction in rem action

Answer 38

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

Question 39

Quasi-in rem action

Answer 39

Defendant owns real property in one state and lives in another

Question 40

The court where property is located has jurisdiction over

Answer 40

The property not the person

Question 41

Recovery is limited to what

Answer 41

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

Question 42

Jurisdiction over personal action is called what

Answer 42

In personam action

Question 43

When do you have jurisdiction over defendant

Answer 43

Only by court where a person lives or does business

Question 44

What is Long arm statues

Answer 44

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

Question 45

Plenary jurisdiction

Answer 45

Complete jurisdiction over plaintiff, defendant, and subject matter

Question 46

Transitory action

Answer 46

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

Question 47

Define venue

Answer 47

geographic location where the action should be tried

Question 48

Define change of venue

Answer 48

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

Question 49

Define alternative dispute resolution (ADR)

Answer 49

Using means other than trial to resolve civil disputes

Question 50

What are the types of ADR

Answer 50

Negotiation, mediation, arbitration, mini trial

Question 51

Define negotiation

Answer 51

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

Question 52

Defined mediation or conciliation

Answer 52

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

Question 53

In mediation what is caucus

Answer 53

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

Question 54

Define arbitration

Answer 54

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

Question 55

What is binding arbitration

Answer 55

Parties agree in advance to follow arbitrator's decision

Question 56

What is nonbinding arbitration

Answer 56

Arbitrator's decision is a recommendation

Question 57

What is compulsory or mandatory arbitration

Answer 57

Required by law or government

Question 58

Define mini trial

Answer 58

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