Module 2: Litigating in Court Flashcards
Elements a court weighs when deciding if it has jurisdiction include:
1) the state(s) where the parties reside and the alleged action occurred,
2) the type of claim at issue (a civil wrong or a criminal act), and
3) the amount of money at issue (if it’s a civil case).
Personal jurisdiction
the court has the legal right to compel the defendant to appear in court
The right to ___ ____ means a court can’t simply order the resident of another state or another country to appear in court
due process
Personal jurisdiction
court has the legal right to compel the defendant to appear in court.
Why cant the court simply order the resident of another state or country to appear in court
The constitutional right to due process
Due process means that in order for the court to compel the defendant to appear in court, the defendent must either…
1) be a resident of the state or
2) have committed an act in the state
The court must have jurisdiction over the defendant as well as the case’s ___ ___
Subject matter
General jurisdiction
jurisdiction over almost any type of case, whether criminal or civil
A state’s trial courts are known as courts of ____ jurisdiction
general
What is the court of general jurisdiction in the CA state court system
Superior court
The court of general jurisdiction at the FEDERAL level is known as….
US District Court
How many US District Courts does each state have
at least one
How many US District Courts do larger states have
2(+) - each w/ jurisdiction over a different part of the state
How many District Courts are there in California
4
What are the District Courts in CA?
Northern
Central
Southern
Eastern
In what 3 situations do federal courts have subject matter jurisdiction?
1) When the federal gov’t is a party
2) When a question of federal law is at issue
3) When there is diversity of citizenship
Subject matter jurisdiction
Limitations on the types of cases a court can hear
Diversity of citizenship
When the plaintiff and defendant live in different states
In maritime cases and disputes with foreign citizens or governments, ___ courts have exclusive jurisdiction
federal
Where will a ase be heard if the federal government is a party to it?
US District Court
When the gov’t prosecutes a federal crime, like racketeering or mail fraud, where is the case heard?
US District Court
When the government sues a contractor for breach of contract, that is a __(civil or criminal)__ case and is heard in _____ Court
Civil; US District Court
If a suit between private parties raises only questions of federal law, the case will be heard in which court?
US District Court
What violation is usually involved when private parties raise only questions on federal law?
Violation of a federal statute
*may also involve claims regarding deprivation of rights guaranteed under the US Constitution or a treaty
Violation of Sherman Act must be heard in ____ court
a) state
b) federal
b) federal
Violation of Fair Housing Act (federal) and Unruh Act (state) may be heard in which court(s):
a) state
b) federal
c) state or federal
either
A discriminatory act by a buyer’s agent is most likely a violation of ____ antidiscrimination laws
a) state
b) federal
c) state and federal
c) state and federal
If there are mixed federal and state issues, the case may be brought in ____ court:
a) state
b) federal
c) state or federal
c) state or federal
Diversity jurisdiction:
1) Parties are from different states
2) At least $75,000 is in controversy
Diversity of citizenship is a basis for ____ jurisdiction
US District Court
Long Arm Statute
A court can exercise personal jurisdiction over certain out-of-state defendants based on activities that took place within the state
In diversity jurisdiction cases, ___ court gets jurisdiction:
a) state
b) federal
c) state and federal
b) federal
The plaintiff must claim damages of at least $_____ for diversity jurisdiction to apply
$75,000
Diversity cases are heard in state court unless ___
one party opts for federal court
A party unhappy with the other party’s decision to remove the case to federal court may try to
challenge the basis for diversity jurisdiction
basic trial courts are called
superior courts
Superior courts have ____ jurisdiction
general
What type of cases do superior courts hear?
a) civil
b) criminal
c) both
c) both
Superior courts are sometimes called ___ courts
county
In California, each county has a ____ court
superior
If a claim is _____ or less, the plaintiff can choose to have the case heard in small claims court
$10,000
Businesses can use small claims court if the claim is $____ or less
$5,000
Can parties in small claims court be represented by attorneys?
No
How many years is a regular term for a superior court judge in California?
6
Who appoints superior court judges
voters
Who appoints appellate judges in CA?
the governor
How many years is a regular term for an appellate judge in CA?
12
What is the term (limit) for a federal judge?
None - federal judges are given lifetime appointments
