Federal Courts Flashcards
What is jurisdiction?
Power/Authority
What is venue?
Place (where the crime occured)
Name 4 types of jurisdictions
Geographical, subject matter, personal and hierarchal
What is geographical jurisdiction?
The SOVEREIGN area over which courts can hear and decide disputes.
What is an example of geographical jurisdiction?
Ohio does not have geographical jurisdiction for PA cases
What is subject matter?
TYPES of cases courts have been authorized to decide and hear
What are some examples of subject matter jurisdiction?
Traffic court, tax court, family court
What is personal jurisdiction?
The power of the court over a particular person or legal entity
What is an example of personal jurisdiction?
I’m an Ohio resident and I do a crime in PA, I can’t say that I can’t be charged in PA bc im not a resident. They have personal jurisdiction over me.
What is hierarchal jurisdiction?
“Original and appellate jurisdiction” LEVEL-fuction.
What is an example of hierarchal jurisdiction?
Kelsey gets arrested for assault with a deadly weapon. Where is her trial? Court of Common Pleas.. Why? Bc that’s the function of that court.
Who are the judges for the US Magistrate Courts and how do they get that position?
They are magistrates and are appointed by district court judges
What type of judges are magistrate judges?
Article 1
What are the duties in a magistrate court for criminal case loads?
Pretrial. They set bail, preliminary hearings, issue arrest/search warrants
Can magistrate court sentence people?
NO. They also can’t preside over felony trials
What are the duties of magistrate courts with a civil case load?
Usually deal with federal programs such as Social Security, Prisoner Petitions, etc.
Who are the judges of the US District Court? How do they get that position?
US District Court Judges. They are nominated by the president
Who is the prosecutor in the US District Court?
U.S. Attorney
Explain what diversity of citizenship is
Heinz ketchup puts peanuts in there ketchup and someone with a peanut allergy eats it and dies. You can sue federally if you’re from another state other than PA.
Explain ways you can get a case to go to the federal level.
Federal Issues, Federal Statutes, Federal Categories, and Civil Rights
What is a Federal Issue
US Constitutional Issue
ex. Freedom of speech, religion, etc
What is a federal statute?
Congress makes these laws, they pass civil and criminal laws.
ex. Affirmative Action, American Disabilities Act
What is a Federal Category?
Bankruptcy, Patent Law, TM, Copyright
What are Civil Rights?
Type of civil action. Most rights established by civil statue.
ex. race, color, gender, etc.
5 types of Prisoner Petitions
1) Writ of Habeas Corpus
2) Motion to Vacate Sentence
3) Mandamus Petition
4) Section 1983 Filing Act
5) Bivens Action
Explain writ of habeas corpus
Prisoner can be brought before the court. Ensures they can be released from unlawful detention
Ex. Hurricane Carter
Explain motion to vacate sentence
Sentence set aside or corrected issue of the legality of sentence
ex. Ex post facto
Explain mandamus petition
A court order to compel a public official to do something that is owed to the plaintiff as a matter of constitutional or statutory right
ex. religious materials, medical supplies, etc
Explain Section 1983 Filing
Allows individuals to sue those who act under color of state law (State law enforcement)
