Exam 1

Question 1

U.S Constitution

Answer 1

“Supreme law of the Land”

Question 2

Jurisdiction

Answer 2

The power to speak the law

Question 3

InPersonam Jurisdiction

Answer 3

Jurisdiction over a person or business that resides in a certain geographic area and that is a party to the lawsuit.

Question 4

In Rem Jurisdiction

Answer 4

Jurisdiction to hear a case because of jurisdiction over the property at the basis of the lawsuit.

Question 5

Subject Matter Jurisdiction

Answer 5

Limitations on the type of cases a court can hear for example, limited, general, appellate and original jurisdiction.

Question 6

Exclusive federal Jurisdiction

Answer 6

Cases involving federal crimes, federal antitrust law, bankruptcy patents, copyrights, trademarks, suits against the U.S. Some areas of admiralty law, and certain other matters specified in federal statutes.

Question 7

Exclusive state Jurisdiction

Answer 7

Cases involving all matters not subject to federal jurisdiction, for example, divorce and adoption.

Question 8

Concurrent Jurisdiction

Answer 8

Cases that can be heard by either a federal or state court and involve a federal question and or diversity of citizenship cases.

Question 9

Federal question

Answer 9

Cases arising under the US constitution, federal statutes, regulations or treaties to which the US is a party.

Question 10

Diversity of Citizenship

Answer 10

Parties that are residents of different states (or of the us and a foreign country) AND the dollar amount in controversy exceeds $75,000.

Question 11

Standing

Answer 11

A sufficient stake in matter to justify seeking relief through the court system.

Question 12

Venue

Answer 12

The most appropriate location for a trial, Venue will be proper nearest the location in which the incident occurred, where the parties reside or where the defendant is located.

Question 13

Limited Jurisdiction courts

Answer 13

Courts exclusive to the federal court system (Bankruptcy, Tax Court).

Question 14

General Jurisdiction Courts

Answer 14

“district courts” There are 94 districts. Federal cases typically originate district courts . Decisions are appealable in the US Court of appeals.

Question 15

Intermediate Appellate courts

Answer 15

“circuit courts” there are 13 circuits. Typically referred to as the U. S. Court of Appeals. Will hear appeals from the U. S. district courts. Decisions are final in most cases, but parties may appeal to the U. S. Supreme Court by petitioning the court for a writ of certiorari.

Question 16

U.S Supreme Court

Answer 16

Will hear appeals from U. S. Courts of Appeal or from State Supreme Courts upon the parties petitioning the Supreme Court for a writ of certiorari. A writ will not be issued unless 4 of the 9 justices agree to hear the case. Decisions of the U. S. Supreme Court are final.

Question 17

Limited jurisdiction courts (structure)

Answer 17

Courts limited in the subject matter of the cases to be heard before them. (Probate, District, Small Claims, Traffic Court, Drug Court). Decisions may be appealable to a circuit court.

Question 18

General jurisdiction courts (structure)

Answer 18

In the state of Alabama, these are known as “circuit courts” or “trial courts”. State cases typically originate in circuit courts. Decisions are appealable to the state intermediate appellate courts.

Question 19

Intermediate appellate courts (structure)

Answer 19

“court of appeals” Will hear appeals from the lower general jurisdiction courts. Decisions may be appealed to the state supreme court.