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33 Cards in this Set

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District courts

in the federal system of general, but limited, jurisdiction to hear cases where there is exclusive federal jurisdiction (copyrights, antitrust)

District courts

are see cases with diversity jurisdiction and 50,000 and substantial federal question.

Court of appeals

hears appeals from district courts and review actions and order of administrative agencies

US supreme court

review decisions of Federal court of appeal and highest state courts

State courts

hear cases arising under private common law and state statutes and most cases arising under federal law

A case can be removed from state courts

where subject matter jurisdiction exists

Subject matter jurisdiction

an exclusive federal matter (copyright and antitrust)


Subject matter jurisdiction

concurrent jurisdiction which exists by way of diversity of citizenship at 75,000 and federal question

jurisdiction

power or authority to hear and decide a case. must be over defendant

Appeal

Losing party can elect to ______ the verdict

Alternative to courts

arbitration, mediation, and conciliation

arbitration

removes SMJ and may not go to court

Constitutional law

aries in busniess context with repect to federal and state regulation of business and economic rights

Constitutional law

understand meaning of the constitution

jurisdiction over parties

parties given fair notice and reasonable opportunity to be heard

jurisdiction over the plaintiff always exisits

where the plaintiff files suit

jurisdiction over defendant is

where they are present and served or doing busniess

stare decisis

courts are directed to follow courts superior to them or directed to follow their own decisions

courts who choose not to follow case before them must show they are _____

distinguishable

conflict rules (substantive rules)

where suit is brought in state or fed court to where the event giving rise to the suit occurred, courts will turn to this to determine whether to apply law of the jurisdiction where the event occurred. prevent plaintiff from forum shopping to bring suit in state other where event occurred.

civil litigation

private parties against private parties usually for money dispute

pleadings

series of formal written statements by each party setting forth their side of dispute. give notice of claim

pretrial procedures

exchanged information/ discovery period to avoid surprises

Police powers

states and local before and after US constitution to govern all state matters in the furtherance of legitimate gov ends of health, safety, and welfare

Federal powers

emanates solely from constitution

federal law

supreme law of land. can strike down state law regulating matter

substantive due process

law must reasonably comport and not unduly interfere with individual rights. fairness and prohibition

procedural due process

individuals rights, property, or liberty has been deprived by the law and if so when and to what degree a hearing must be afforded

constitutional tests

see if law violates due process or equal protection

equal protection

anaysis must begin with understanding that nearly all law creates classifications

strict scrutiny test

uphold law in question. applied for purposes of due process where there are fundamental rights and purpose of equal protection based on race or national orgin

intermediate tests

equal protection based on gender, age, and alienage. and commerical speech

rational basis test

asks whether legitimate gov interest is furthered such as health, safety, and welfare. asks if law in question is rational and reasonably related to furthering in any way