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31 Cards in this Set

  • Front
  • Back
Limited-jurisdiction trial court
A court that hears matters of a specialized or limite nature.
Small claim court
A court that hears civil cases involving small dollar amounts.
General-jurisdiction trial court
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.
Intermediate appellate court
An intermediate court that hears appeals from trial courts.
State supreme court
The highest court in a state court system; It hears appeals from intermediate state courts and certain trial courts.
Special federal courts
Federal courts that hear matters of specialized or limited jurisdiction.
U.S. district courts
The federal court system's trial courts of general jurisdiction.
U.S. courts of appeals
The federal court system's intermediate appellate courts.
Court of Appeals for the Federal Circuit
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.
U.S. Supreme Court
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.
Petition for certiorari
A petition asking the Supreme Court to hear a case.
Writ of certiorari
An official notice that the Supreme Court will review a case.
Subject matter jurisdiction
Jurisdiction over the subject matter of a lawsuit
Federal question case
A case arising under the U.S. Constitution, Treaties, or federal statues and regulations.
Diversity of citizenship
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.
Exclusive jurisdiction
Jurisdiction held by only one court.
Concurrent jurisdiction
Jurisdiction shared by tow or more courts.
Standing to sue
Some state in the outcome of a lawsuit.
In personam jurisdiction
Jurisdiction over the parties to a lawsuit
In rem jurisdiction
Jurisdiction to hear a case because of jurisdiction over the property of the lawsuit
Quasi in rem jurisdiction
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.
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.
State court system
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
Special federal courts
1.U.S. Tax court
2.U.S. Claims court
3.U.S. Court of International Trade
4.U.S. Bankruptcy Court.
Federal court system
1.Special Federal Courts
2.U.S. District Courts
3.U.S. Courts of Appeals
4.U.S. Supreme Court
U.S. Courts of appeals
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.
Decisions by the U.S. Supreme Court
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.
Exclusive Federal jurisdiction
Admiralty (marine law), Antitrust, Bankruptcy, Copyright and trademarks, Federal crimes, Patents, Suits against the U.S. Other specified Federal Statutes.
Exclusive State jurisdiction
Matters not subject to federal jurisdiction
Concurrent jurisdiction
Federal questions, Diversity of citizenship cases
In personam jurisdiction
Plaintiff- by filing a lawsuit with a court, gives the court in personam jurisdiction.
Dependant- through Service of process to that person.