Module 3: State and Federal Court Systems Flashcards
Trial Court
- Determines the facts
- Verdicts and liability
Appellate Court
- Parties file to challenge trial court rulings or results
- Check for errors made at the trial court
Supreme Court
- Similar to appellate court
- Final check
- “Court of last resort”
Three Levels of Courts
1) Trial
2) Appellate
3) Supreme
Trial Courts also known as:
District courts, this is where trials are conducted.
writ of certiorari
A court will invite an applicant to argue their case
Threshold of Justices agreeing to hear the case
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Jurisdiction:
- 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
Two Types of Jurisdiction:
– 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
Subject Matter Jurisdiction:
Authority to hear cases of certain types
• EX: criminal cases, civil cases, tax cases, family cases
Jurisdiction Over the Person
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
Two types of Subject Matter Jurisdiction:
1) General Jurisdiction
2) Limited Jurisdiction
General Jurisdiction:
Courts that are able to hear a wide range of
cases
– EX: Connecticut Superior (Trial) Court can hear both civil and criminal cases
Limited Jurisdiction
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
Federal courts are authorized to hear two basic types of cases:
1) Federal Question Cases
2) Diversity Cases
Federal Question Cases
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 …
Diversity Cases
Those in which:
• The parties are not from the same state, and
• The amount in controversy is greater than $75,000
For a state court to assert Jurisdiction Over the Person, the individual
or entity the court is asserting jurisdiction over must have:
– Property Ownership in state
– Presence within state
– Parties agree ahead of time
Venue Considerations:
– Location of event
– Location of parties
– Court workload
– High profile cases
