Acc 241: Chapter 2 Vocabulary

Front 1

Associate Justice

Back 1

Eight other justices that work alongside the chief justice in the U.S. Supreme Court

Front 2

Change of Venue

Back 2

Pretrial publicity influences jurors and case is forced to find a more impartial jury elsewhere

Front 3

Chief Justice

Back 3

One justice appointed by the president, who is responsible for administering the Supreme Court

Front 4

Choice-of-law Clause

Back 4

What state's law or country's law will be applied in resolving a dispute, when a contract is breached

Front 5

Circuit

Back 5

Geographical area served by each court (U.S. Court of Appeals)
There are 13 circuits

Front 6

Concurrent Jurisdiction

Back 6

Jurisdiction shared by two or more courts

Front 7

Concurring Opinion

Back 7

When a justice of the case agrees with the outcome but not the reason decided by other justices, he/she can state his/her reasoning

Front 8

Court of Appeals for the Federal Circuit (13th)

Back 8

U.S. Court of Appeals in Washington D.C. that has special appellate power to review the decisions of the Court of Federal Claims, the Patent and Trademark Office, and the Court of International Trade

Front 9

Dissenting Opinion

Back 9

When a justice does not agree with a decision, he/she will file an explanation for his/her disagreement

Front 10

District

Back 10

Geographical area served by each court (U.S. District Courts)
There are 94 U.S. District Courts

Front 11

District of Columbia circuit

Back 11

12th circuit court located in Washington D.C.

Front 12

Diversity of Citizenship

Back 12

Occurs if lawsuit involves...

(1) Citizens of different states
(2) A citizen of a state and a citizen or subject of a foreign country

At the federal level if controversy exceeds $75,000

Front 13

Exclusive Jurisdiction

Back 13

Jurisdiction held by only one court

Front 14

Federal Question Case

Back 14

Cases arising under U.S. Constitution, treaties, or federal statutes and regulations

No dollar amount necessary

Front 15

Forum-selection Clause

Back 15

Agreement to which state's courts, what federal courts, or what country's court will have jurisdiction if a legal dispute arises

Front 16

Full Faith and Credit Clause

Back 16

A judgment of a court of one state must be given "full faith and credit" by courts of another state

Front 17

General-jurisdiction Trial Court (court of record)

Back 17

Court that hears cases of a general nature, not within the jurisdiction of limited-jurisdiction trial courts

Testimonies and evidence at trial are recorded and stored

Front 18

In-personam Jurisdiction (personal jurisdiction)

Back 18

Jurisdiction over the parties to a lawsuit

Front 19

In-rem Jurisdiction

Back 19

Jurisdiction to hear a case because it has jurisdiction over the property of the lawsuit

Front 20

Intermediate Appellate Court

Back 20

Court that hears appeals from trial courts (general-jurisdiction or limited-jurisdiction)

Front 21

International Shoe Company v. State of Washington

Back 21

State of Washington charged company with unemployment taxes, in which company did not pay. In-personam jurisdiction??

Front 22

Limited-jurisdiction Trial Court (inferior trial court)

Back 22

Court that hears matters of a specialized or limited nature

Front 23

Long-arm Statute

Back 23

Statute that extends to a state's jurisdiction to nonresidents who were not served a summons within the state

Front 24

Majority Decision

Back 24

Majority of the justices agree to the same outcome and reasoning used to decide a case

Precedent for later cases

Front 25

Minimum Contact

Back 25

In order for the long-arm statute to work, a nonresident must have some minimum contact with the state

Front 26

Petition for Certiorari

Back 26

Petition asking the Supreme Court to hear a case

Front 27

Plurality Decision

Back 27

Majority of the justices agree to the outcome of the case, but do not all agree to the reasoning of the outcome

Front 28

Quasi in rem Jurisdiction (attachment jurisdiction)

Back 28

Jurisdiction that allows a plaintiff who obtains judgment in one state to try to collect judgment by attaching property of the defendant located in another state

Front 29

Forum Shopping

Back 29

Looking for a favorable court without valid reason

Front 30

"Rule of Four"

Back 30

Four justices must vote and agree to grant an appeal and schedule an oral argument for a specific case

Front 31

Service of Process

Back 31

(In Personam Jurisdiction)
Summons served to a person within the territorial boundaries of the state

Front 32

Small Claims Court

Back 32

Civil cases involving small dollar amounts ($5,000 or less)

No lawyer present

Front 33

Special Federal Court

Back 33

Established by Congress with limited Jurisdiction

- U.S. Tax Court
- U.S. Court of Federal Claims
- U.S. Court of International Trade
- U.S. Bankruptcy Court
- U.S. Court of Appeals for the Armed Services
- U.S. Court of Appeals for Veterans Claims

Front 34

Standing to Sue

Back 34

Some stake (personal involvement) in the outcome of a lawsuit

Front 35

State Courts

Back 35

Separate court systems for each individual state, including limited-jurisdiction and general-jurisdiction trial courts, intermediate appellate courts, and state supreme courts

Front 36

State Supreme Court

Back 36

Highest court in a state court system; hears appeals from appellate state courts and certain trial courts

Front 37

Tie Decision

Back 37

When a justice is not present in a case and there is a tie

Not precedent for later cases

Front 38

Unanimous Decision

Back 38

All justices agree to the outcome and the reasoning used to decide a case

Front 39

Unanimous Decision

Back 39

All justices agree on the outcome and the reasoning behind the decision

Precedent for later cases

Front 40

Venue

Back 40

Concept that requires lawsuits to be heard by the court with jurisdiction nearest the location where the incident took place or where the parties reside

Front 41

Writ of Certiorari

Back 41

Official notice that the Supreme Court will review a case