Chapter 3- Courts and Jurisdiction Flashcards Preview

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Flashcards in Chapter 3- Courts and Jurisdiction Deck (42)
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State Courts

The court system of each state.

1

Limited-jurisdiction trial court (inferior trial court)

A court that hears matters of a specialized of limited nature.

2

Small claims courts

Courts that hear civil cases involving small dollar amounts (e.g., $5,000 or less).

3

General-jurisdiction trial court (court of record)

A court that hears cases of a general nature that are not within the jurisdiction of limited-jurisdiction trial courts. Testimony and evidence at trial are recorded and stored for future reference.

4

Intermediate appellate courts (appellate courts or courts of appeals)

Courts that hear appeals from trial courts. They review the trial court record to determine whether there have been any errors at trial that would require reversal or modification of the trial court's decision.

5

Highest state court

The highest court in a state court system; it hears appeals from intermediate appellate state courts and certain trial courts.

6

Delaware Court of Chancery

Decides cases involving corporate governance, fiduciary duties of corporate officers and directors, mergers and acquisitions, and other business issues.

7

Article III of the U.S. Constitution

Provides that the federal government's judicial power is vested in one "Supreme Court".

8

Special federal courts

Federal courts that hear matters of specialized of limited jurisdiction.

9

Foreign Intelligence Surveillance Court (FISA Court)

FISA court hears requests by federal law enforcement agencies, such as the Federal Bureau of Investigations (FBI) and National Security Agency (NSA), for warrants, called FISA warrants.

10

FISA warrants

Warrants to conduct physical searches and electronic surveillance of Americans or foreigners in the United States who are deemed a threat to national security.

11

U.S. Foreign Intelligence Surveillance Court of Review (FISCR)

When the FISA courts denies a government application for a FISA warrant, the government makes appeals at this court.

12

U.S. district courts

The federal court system's trial courts of general jurisdiction.

13

District

The geographical area served by each court.

14

U.S. courts of appeals

The federal court system's intermediate appellate courts.

15

Circuit

The geographical area served by each court.

16

Court of Appeals for the Federal Circuit

A U.S. Court of Appeals in Washington, DC, that has special appellate jurisdiction to review the decisions of the Court of Federal Claims the Parent and Trademark Office, and the Court of International Trade.

17

Supreme Court of the United States (U.S. Supreme Court)

The highest court int he United States, located in Washington, DC. The supreme Court was created by Article III of the U.S. Constitution.

18

Chief Justice of the U.S. Supreme Court

A justice who is appointed by the president, and is responsible for the administration of the court.

19

Associate Justice of the U.S. Supreme Court

One of eight justices on the U.S. Supreme Court who was nominated by the president and confirmed by the Senate.

20

Petition for certiorari

A petition asking the Supreme Court to hear a case.

21

Writ of certiorari

An official notice that the Supreme court will review a case.

22

Unanimous decision

When all justices voting agree on the outcome and reasoning used to decide a case. Unanimous decisions are precedent for later cases.

23

Majority decision

When a majority of the justices agree as to the outcome and reasoning used to decide a case. Majority decisions are precedent for later cases.

24

Plurality decision

When a majority of the justices agree as to the outcome of a case but not as to the reasoning for reaching the outcome. Plurality decisions settles the case but are not precedent for later cases.

25

Tie decision

When the Supreme Court sits without all nine justices being present, and there is a tic decision. The lower court decision is affirmed. Tie decisions are not precedent for later cases.

26

Concurring opinion

A opinion of a justice who agrees with the outcome of a case but not the reasoning proffered by other justices, that sets forth there reasons for deciding the case.

27

Dissenting opinion

A justice who does not agree with a decision can file a dissenting opinion, that sets forth the reasoning for his or her dissent.

28

Federal question case

A case arising under the U.S. constitution, treaties, or federa statutes and regulations.

29

Diversity of citzenship

A means for bringing a lawsuit in federal court that involves a nonfederal question if the parties are (1) citizens of different stats or (2) a citizen of a state and a citizen of subject of a foreign country.