Judicial System

Front 1

t/f Judges in the federal court system are appointed for life by the president, subject to confirmation by the senate.

Back 1

True

Front 2

def. District courts

Back 2

general trial courts in the federal system

Front 3

t/f Issues of fact are decided in district courts.

Back 3

True

Front 4

t/f Each of the fifty states has its own independent court system

Back 4

True

Front 5

Hierarchy of state court system (5 elements)

Back 5

State supreme court, intermediate appellate court, trial courts/special courts, inferior trial courts

Front 6

def. Jurisdiction

Back 6

the power or authority of a court to hear and decide a given case

Front 7

What are the two types of jurisdiction a court needs to resolve a lawsuit?

Back 7

1. Jurisdiction over the subject matter of the lawsuit
2. Jurisdiction over the parties to a lawsuit

Note: A court usually may obtain jurisdiction over the defendant in a lawsuit if the defendant lives and is present int he court's territory or the transaction giving rise to the case has a substantial connection to the court's territory.

Front 8

t/f Federal jurisdiction is exclusive only if Congress so provides, either explicitly or implicitly.

Back 8

True

Front 9

Exclusive federal jurisdiction (areas)

Back 9

federal courts have sole jurisdiction over federal crimes, bankruptcy, antitrust, etc.

Front 10

What is Concurrent federal jurisdiction and when does it happen?

Back 10

authority of more than one court to hear the same case

State and federal courts have concurrent jurisdiction over (1) federal question cases which do not involve exclusive federal jurisdiction and (2) diversity of citizenship cases involving more than $75,000

Front 11

def. Exclusive state jurisdiction

Back 11

state courts have exclusive jurisdiction over all matter to which the federal judicial power does not reach

Front 12

t/f When a state court hears a concurrent federal question case, it applies federal substantive law buy its own procedural rules.

Back 12

True

Front 13

def. Federal question

Back 13

any case arising under the Constitution, statutes or treaties of the United States

Front 14

When a federal district court hears a case solely under diversity of citizenship jurisdiction, no federal question is involved, accordingly the federal courts must apply __ substantive law.

Back 14

State

Front 15

def. In personam jurisdiction

Back 15

personal jurisdiction or the jurisdiction based upon claims against a person in contrast to jurisdiction over his property

Front 16

def. In Rem jurisdiction

Back 16

jurisdiction based on claims against property

Front 17

def. Attachment Jurisdiction

Back 17

jurisdiction over a defendant's property to obtain payment of a claim not related to the property

Front 18

def. Venue

Back 18

geographical area in which a lawsuit should be brought