Module 3: State and Federal Court Systems Flashcards

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1
Q

Trial Court

A
  • Determines the facts

- Verdicts and liability

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2
Q

Appellate Court

A
  • Parties file to challenge trial court rulings or results

- Check for errors made at the trial court

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3
Q

Supreme Court

A
  • Similar to appellate court
  • Final check
  • “Court of last resort”
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4
Q

Three Levels of Courts

A

1) Trial
2) Appellate
3) Supreme

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5
Q

Trial Courts also known as:

A

District courts, this is where trials are conducted.

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6
Q

writ of certiorari

A

A court will invite an applicant to argue their case

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7
Q

Threshold of Justices agreeing to hear the case

A

4

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8
Q

Jurisdiction:

A
  • The power of a court to hear a dispute and to issue a legal binding decision
  • Courts don’t have the power to hear every kind of dispute
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9
Q

Two Types of Jurisdiction:

A

– Subject Matter Jurisdiction
– Jurisdiction Over the Person
• A court needs both to have the power to review and issue a decision in a
particular case

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10
Q

Subject Matter Jurisdiction:

A

Authority to hear cases of certain types

• EX: criminal cases, civil cases, tax cases, family cases

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11
Q

Jurisdiction Over the Person

A

Authority to her cases of certain people
• EX: residents of Connecticut, people passing through New York
• Also known as Personal Jurisdiction and In Personam Jurisdiction

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12
Q

Two types of Subject Matter Jurisdiction:

A

1) General Jurisdiction

2) Limited Jurisdiction

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13
Q

General Jurisdiction:

A

Courts that are able to hear a wide range of
cases
– EX: Connecticut Superior (Trial) Court can hear both civil and criminal cases

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14
Q

Limited Jurisdiction

A

Courts that only hear certain types of cases
– Tax Court, Bankruptcy Court, Probate Court, Family Court
– Federal Courts also have limited jurisdiction over subject matter

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15
Q

Federal courts are authorized to hear two basic types of cases:

A

1) Federal Question Cases

2) Diversity Cases

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16
Q

Federal Question Cases

A

Those in which the rights or obligations of a party are
created or defined by some federal law
• Laws that tend to be federally regulated: Bankruptcy Law, Banking Law, Immigration
Law, Maritime Law, and more…
• Laws that tend to be state regulated: Contract Law, Family Law, Tort Law, common
Criminal Laws, and more …

17
Q

Diversity Cases

A

Those in which:
• The parties are not from the same state, and
• The amount in controversy is greater than $75,000

18
Q

For a state court to assert Jurisdiction Over the Person, the individual
or entity the court is asserting jurisdiction over must have:

A

– Property Ownership in state
– Presence within state
– Parties agree ahead of time

19
Q

Venue Considerations:

A

– Location of event
– Location of parties
– Court workload
– High profile cases