Business Law Ch 3: Us Legal System

Front 1

Trial court

Back 1

court of original jurisdiction. have power to hear and decide cases when they first enter the court. State: county court, common pleas. Federal: district court.

Front 2

Courts of Appellate Jurisdiction

Back 2

power to review previous judicial decisions and determine whether trial couts erred in their decision.

Front 3

Question of Law

Back 3

handled by Appellate Court. issue concerning interpretation of law.

Front 4

question of fact

Back 4

question about an event or characteristic in a case

Front 5

bench trial

Back 5

questions of fact. judge decides. trial with no jury.

Front 6

jury trial

Back 6

jury decides questions of fact.

Front 7

Personal jurisdiction

Back 7

court's power to render a decision affecting the rights of a specific person.

Front 8

plaintiff

Back 8

files a lawsuit in court

Front 9

defendant - personal jurisdiction

Back 9

court acquires jurisdiction when he is served a complaint and summons

Front 10

service process

Back 10

usu. personal service. officer of the court hands the summons and complaint to the defendant.

Front 11

long arm statutes

Back 11

enable courts to serve defendants outside the state as long as the defendant has sufficient minimum contacts

Front 12

minimum contacts

Back 12

each state is different, but most say acts like committing a tort or doing business in a state are sufficient

Front 13

in rem jurisdiction

Back 13

jurisdiction over the thing

Front 14

Subject-matter jurisdiction

Back 14

court's power to hear certain kinds of cases.

Front 15

exclusive federal jurisdiction

Back 15

federal courts have exclusive jurisdiction over very few things. admiralty, bankruptcy, federal criminal prosecution, claims against US,

Front 16

State jurisdiction

Back 16

state courts have power to hear all cases not falling under exclusive federal jurisdiction

Front 17

concurrent federal jurisdiction

Back 17

-federal-question cases. require interpretation of federal law
-diversity of citizenship cases. plaintiff from different state. +$75,000

Front 18

venue

Back 18

determines which trial court in the system will hear case. matter of geographic location determined by state statute

Front 19

structure of federal court system

Back 19

1)federal trial courts. divided into 94 districts
2) intermediate courts of appeal. 12 circuits.
3) court of last resort - Supreme Court. 9 justices

Front 20

structure of state court system

Back 20

1) state trial courts
2) intermediate courts of appeal
3) court of last resort. some supreme court. some court of appeals (NY)

Front 21

threshold requirements

Back 21

ensure that the courts only hear cases that genuinely require adjudication.