Chapter 3 - courts and Jurisdiction Flashcards Preview

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Flashcards in Chapter 3 - courts and Jurisdiction Deck (18)
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Limited-Jurisdiction trial court (inferior trial court)

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

1

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.

2

Highest state court

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

3

Special federal courts

federal courts that hear matters of specialized of limited jurisdiction.

4

U.S. district courts

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

5

U.S. courts of appeals

The federal court system's intermediate appellate courts.

6

Court of Appeals for the Federal Circuit

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

7

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

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

8

Petition for Certiorari

A petition asking the Supreme Court to hear a case.

9

Writ of certiorari

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

10

Federal question case

A case arising under the U.S. Constitution, treaties, or federal statutes and regulations.

11

Diversity of citizenship

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

12

Standing to sue

Some stake in the outcome of a lawsuit.

13

in personam jurisdiction (personal jurisdiction)

Jurisdiction over the parties to a lawsuit.

14

Service of process

A summons being served on a defendant to obtain personal jurisdiction over him or her.

15

Long-arm statute

A statute that extends a state's jurisdiction to nonresidents who were not served a summons within the state.

16

in rem jurisdiction

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

17

quasi in rem jurisdiction

Jurisdiction that allows a plaintiff who obtains a judgement in one stat to try to collect the judgement by attaching property of the defendant located in another state.