Chapter 3- Courts and Jurisdiction Flashcards Preview

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Flashcards in Chapter 3- Courts and Jurisdiction Deck (42)
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0
Q

Limited-jurisdiction trial court (inferior trial court)

A

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

1
Q

State Courts

A

The court system of each state.

2
Q

Small claims courts

A

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

3
Q

General-jurisdiction trial court (court of record)

A

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
Q

Intermediate appellate courts (appellate courts or courts of appeals)

A

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
Q

Highest state court

A

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

6
Q

Delaware Court of Chancery

A

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

7
Q

Article III of the U.S. Constitution

A

Provides that the federal government’s judicial power is vested in one “Supreme Court”.

8
Q

Special federal courts

A

Federal courts that hear matters of specialized of limited jurisdiction.

9
Q

Foreign Intelligence Surveillance Court (FISA Court)

A

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
Q

FISA warrants

A

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
Q

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

A

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

12
Q

U.S. district courts

A

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

13
Q

District

A

The geographical area served by each court.

14
Q

U.S. courts of appeals

A

The federal court system’s intermediate appellate courts.

15
Q

Circuit

A

The geographical area served by each court.

16
Q

Court of Appeals for the Federal Circuit

A

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
Q

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

A

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
Q

Chief Justice of the U.S. Supreme Court

A

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

19
Q

Associate Justice of the U.S. Supreme Court

A

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

20
Q

Petition for certiorari

A

A petition asking the Supreme Court to hear a case.

21
Q

Writ of certiorari

A

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

22
Q

Unanimous decision

A

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

23
Q

Majority decision

A

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
Q

Plurality decision

A

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
Q

Tie decision

A

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
Q

Concurring opinion

A

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
Q

Dissenting opinion

A

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
Q

Federal question case

A

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

29
Q

Diversity of citzenship

A

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.

30
Q

Concurrent jurisdiction

A

Courts to hear cases involving diversity of citizenship and federal questions over which federal courts do not have exclusive jurisdiction.

31
Q

Standing to sue

A

Some stake in the outcome of a lawsuit.

32
Q

in personam jurisdiction (personal jurisdiction)

A

Jurisdiction over the parties to a lawsuit.

33
Q

Service of process

A

A summons being served on a defendant to obtain personal jurisdiction over them.

34
Q

Long-arm statute

A

A statue that extends a state’s jurisdiction to nonresidential who were not served a summons within the state.

35
Q

In rem jurisdiction

A

Jurisdiction to hear a case because of jurisdiction over the property of the lawsuit.

36
Q

Quasi in rem jurisdiction (attachment jurisdiction)

A

Jurisdiction that allows 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.

37
Q

Full Faith and Credit Clause

A

A judgement of a court of one state must be given “full faith and credit” by the courts of another state.

38
Q

Venue

A

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.

39
Q

Forum-selection clause (choice of forum clause)

A

A contract provision that designates a certain court to hear any disputes concerning nonperformance of the contract.

40
Q

Choice-of-law-clause

A

A contract provision that designates a certain state’s or county’s law that will be applied in any dispute concerning nonperformance of the contract.

41
Q

Zippo Manufacturing Company v. Zippo Dot Com, Inc.

A

An important case that established a test for determining when a court has jurisdiction over the owner or operator of an interactive, semi-interactive, or passive website.