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Court Systems > Federal Courts > Flashcards

Federal Courts Flashcards

1
Q

What is jurisdiction?

A

Power/Authority

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2
Q

What is venue?

A

Place (where the crime occured)

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3
Q

Name 4 types of jurisdictions

A

Geographical, subject matter, personal and hierarchal

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4
Q

What is geographical jurisdiction?

A

The SOVEREIGN area over which courts can hear and decide disputes.

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5
Q

What is an example of geographical jurisdiction?

A

Ohio does not have geographical jurisdiction for PA cases

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6
Q

What is subject matter?

A

TYPES of cases courts have been authorized to decide and hear

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7
Q

What are some examples of subject matter jurisdiction?

A

Traffic court, tax court, family court

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8
Q

What is personal jurisdiction?

A

The power of the court over a particular person or legal entity

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9
Q

What is an example of personal jurisdiction?

A

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.

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10
Q

What is hierarchal jurisdiction?

A

“Original and appellate jurisdiction” LEVEL-fuction.

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11
Q

What is an example of hierarchal jurisdiction?

A

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.

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12
Q

Who are the judges for the US Magistrate Courts and how do they get that position?

A

They are magistrates and are appointed by district court judges

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13
Q

What type of judges are magistrate judges?

A

Article 1

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14
Q

What are the duties in a magistrate court for criminal case loads?

A

Pretrial. They set bail, preliminary hearings, issue arrest/search warrants

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15
Q

Can magistrate court sentence people?

A

NO. They also can’t preside over felony trials

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16
Q

What are the duties of magistrate courts with a civil case load?

A

Usually deal with federal programs such as Social Security, Prisoner Petitions, etc.

17
Q

Who are the judges of the US District Court? How do they get that position?

A

US District Court Judges. They are nominated by the president

18
Q

Who is the prosecutor in the US District Court?

A

U.S. Attorney

19
Q

Explain what diversity of citizenship is

A

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.

20
Q

Explain ways you can get a case to go to the federal level.

A

Federal Issues, Federal Statutes, Federal Categories, and Civil Rights

21
Q

What is a Federal Issue

A

US Constitutional Issue

ex. Freedom of speech, religion, etc

22
Q

What is a federal statute?

A

Congress makes these laws, they pass civil and criminal laws.
ex. Affirmative Action, American Disabilities Act

23
Q

What is a Federal Category?

A

Bankruptcy, Patent Law, TM, Copyright

24
Q

What are Civil Rights?

A

Type of civil action. Most rights established by civil statue.
ex. race, color, gender, etc.

25
Q

5 types of Prisoner Petitions

A

1) Writ of Habeas Corpus
2) Motion to Vacate Sentence
3) Mandamus Petition
4) Section 1983 Filing Act
5) Bivens Action

26
Q

Explain writ of habeas corpus

A

Prisoner can be brought before the court. Ensures they can be released from unlawful detention
Ex. Hurricane Carter

27
Q

Explain motion to vacate sentence

A

Sentence set aside or corrected issue of the legality of sentence
ex. Ex post facto

28
Q

Explain mandamus petition

A

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

29
Q

Explain Section 1983 Filing

A

Allows individuals to sue those who act under color of state law (State law enforcement)

Court Systems (1 decks)

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