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31 Cards in this Set
- Front
- Back
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Limited-jurisdiction trial court
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A court that hears matters of a specialized or limite nature.
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Small claim court
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A court that hears civil cases involving small dollar amounts.
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General-jurisdiction trial court
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A court that hears cases of general nature that are no within the jurisdiction of limited-jurisdiction trial courts. Testimony and evidence at trial are recorded and stored for future reference.
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Intermediate appellate court
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An intermediate court that hears appeals from trial courts.
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State supreme court
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The highest court in a state court system; It hears appeals from intermediate state courts and certain trial courts.
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Special federal courts
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Federal courts that hear matters of specialized or limited jurisdiction.
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U.S. district courts
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The federal court system's trial courts of general jurisdiction.
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U.S. courts of appeals
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The federal court system's intermediate appellate courts.
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Court of Appeals for the Federal Circuit
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A court of appeals in Washington, DC, that has special appellate jurisdiction to review the decisions of the Claims Court, the Patent and Trademark Office, and the Courts of Intermediate Trade.
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U.S. Supreme Court
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The Supreme Court was created by Article lll of the U.S. Constitution. The Supreme Court is the highest court in the land and is located in Washington, DC.
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Petition for certiorari
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A petition asking the Supreme Court to hear a case.
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Writ of certiorari
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An official notice that the Supreme Court will review a case.
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Subject matter jurisdiction
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Jurisdiction over the subject matter of a lawsuit
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Federal question case
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A case arising under the U.S. Constitution, Treaties, or federal statues and regulations.
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Diversity of citizenship
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A case between (1) citizens of differnt states, (2) a citizen of a state and a citizen or subject of a foreign country, and (3) a citizen of a state and a foreign country, where the foreign country is the palintiff.
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Exclusive jurisdiction
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Jurisdiction held by only one court.
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Concurrent jurisdiction
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Jurisdiction shared by tow or more courts.
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Standing to sue
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Some state in the outcome of a lawsuit.
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In personam jurisdiction
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Jurisdiction over the parties to a lawsuit
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In rem jurisdiction
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Jurisdiction to hear a case because of jurisdiction over the property of the lawsuit
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Quasi in rem jurisdiction
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Jurisdiction allowed a plaintiff who obtains a judgement in one state to try to collect the judgement by attaching property of the defendant located in another state.
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Venue
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A concept that requires lawsuits to be heard by the court with jurisdiction that is nearest the location in which the incident occurred or where the parties reside.
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State court system
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1.limited-jurisdiction trial courts: misdemeanor criminal law case, civil cases
2.general-jurisdiction trial courts: courts of records, felonies and civil cases 3.intermediate appellate courts: courts of appeal, appellate courts 4.a supreme court |
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Special federal courts
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1.U.S. Tax court
2.U.S. Claims court 3.U.S. Court of International Trade 4.U.S. Bankruptcy Court. |
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Federal court system
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1.Special Federal Courts
2.U.S. District Courts 3.U.S. Courts of Appeals 4.U.S. Supreme Court |
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U.S. Courts of appeals
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13 circuits
12th – District of Columbia Circuit, Washington DC 13th – Court of Appeals of the Federal Circuit: claims courts, patent and trade office, the court of international trade. |
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Decisions by the U.S. Supreme Court
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1.Unanimous decision: all agree with outcome and reasoning
2.Majority decision: majority of justices agrees as to the outcome and reasoning 3.Plurality decision: a majority of the justices agree as to outcome, not reasoning. No precedent 4.The decision: tie vote, lower court decision is affirmed. No precedent 5.Concurring opinion: a justice who agree with outcome, not reasoning 6.Dissenting opinion: a justice who disagree with a decision. |
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Exclusive Federal jurisdiction
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Admiralty (marine law), Antitrust, Bankruptcy, Copyright and trademarks, Federal crimes, Patents, Suits against the U.S. Other specified Federal Statutes.
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Exclusive State jurisdiction
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Matters not subject to federal jurisdiction
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Concurrent jurisdiction
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Federal questions, Diversity of citizenship cases
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In personam jurisdiction
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Plaintiff- by filing a lawsuit with a court, gives the court in personam jurisdiction.
Dependant- through Service of process to that person. |
