Federal Courts Flashcards

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1
Q

Name the two types of federal-court jurisdiction

A

Federal-question jurisdiction.

Diversity jurisdiction.

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2
Q

Define Jurisdiction.

A

“The power, right, and authority to interpret the law.”

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3
Q

What must be determined first before a case is tried in the federal or state court system?

A

Juridiction

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4
Q

Two types of federal-court jurisdiction: Federal-Question

What must the case involve to be considered as a Federal-Question jurisdiction? Give an example.

A
  • Case involves:
    • Federal statute or law.
    • U.S. constitution.
  • Examples:
    • Americans with Disabilities Act.
    • Separation of church and state issue.
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5
Q

Two types of federal-court jurisdiction: Diversity

What must the case involve to be considered as a Diversity jurisdiction? Give an example.

A

• Federal courts can hear questions of state law, IF:
• The parties are citizens of different states,
AND
• The value of the case EXCEEDS $75,000 (the “amount in controversy” requirement).

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6
Q

Name the three different levels of the federal court from top to bottom.

A
  • United States Supreme Court
  • United States Courts of Appeals
  • United States District Courts
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7
Q

What is the acronym used to remember the three different levels in both the federal and state court system?

A

HAT

H: Highest. Supreme.
A: Appelate
T: Trial

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8
Q

U.S. District Courts

Which court is the original case filed and tried in both the state and federal court system?

A

The District Court

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9
Q

U.S. District Courts

How many district courts are there in he US?

A

There are 94 U.S. District Courts

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10
Q

U.S. District Courts

How are federal district courts arranged geographically?

A

At least one within each state.

• But NOT connected with state government.

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11
Q

U.S. District Courts

How many district courts does Florida have? Name them.

A

Florida has three U.S. District Courts (Northern, Middle, Southern).

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12
Q

U.S. District Courts

Name the two different parties and their roles.

A
  • Plaintiff (initiates action).

* Defendant (person being sued).

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13
Q

U.S. District Courts

How many judges preside over a federal district court case?

A

One judge

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14
Q

U.S. District Courts

A case may be tried in front of a ? or may be a ?

A

Case may be tried to a jury or may be a “bench trial.”

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15
Q

U.S. District Courts

Assume a plaintiff sues a defendant in the United States District Court for the Middle District of Florida.
• The plaintiff wins.
• What happens next?
• 1.
• 2.
A

1.

2. Party who loses in district court has an AUTOMATIC right to an appeal.

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16
Q

U.S. Courts of Appeals

How many US courts of appeal are there? and how are they arranged geographically?

A

There are 13 U.S. Courts of Appeals.
• 12 are geographic.
• One is a specialty court (Federal Circuit).

17
Q

U.S. Courts of Appeals

Give an example of a name of a US Court of Appeal

A

United States Court of Appeals for the Eleventh Circuit

18
Q

U.S. Courts of Appeals

Name the two parties in US Court of Appeals and their roles in the District Court.

A

Parties:
• Appellant (party who LOST in trial court).
• Appellee (party who WON in trial court).

19
Q

U.S. Courts of Appeals

How many judges preside over a US Court of Appeals case? and name some key differences from a district court case.

A

Three judges (“the panel”) hear legal arguments only.
• No jury.
• No new evidence/no witnesses.

20
Q

U.S. Courts of Appeals

Name the three different types of relief and define them.

A

Types of relief:
• Affirms = agrees with decision in trial court.
• Reverses = disagrees with decision in trial court.
• Remands = sends back to trial court for further proceedings (probably with some instructions).

21
Q

U.S. Courts of Appeals

What happens to the party who loses in the appellate court?

A

Loser in U.S. Court of Appeals may file a Petition for Writ of Certiorari.

22
Q

U.S. Supreme Court

Does the Supreme Court have to hear a trial?

A

no

Supreme Court does not have to hear the case (“cert. denied”).

23
Q

U.S. Supreme Court

How many JUSTICES hear the case?

A

9

Nine JUSTICES hear the appeal.

24
Q

U.S. Supreme Court

What are the two parties named in a case heard by the US Supreme Court?

A

Petitioner ( ? in Court of Appeals).

Respondent ( ? in Court of Appeals).