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LAW 3220 > Chapter 2 > Flashcards

Chapter 2 Flashcards

1
Q

State and federal court systems have:

A

(1) Lower courts

(2) Appellate courts

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2
Q
  • Disputes are initially brought
  • Referred to as trial courts
  • Analyze issues of facts
  • Federal and state levels
A

Lower Courts

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3
Q
  • Where the lower court decisions are reviewed
  • Analyze whether law was applied properly
  • Don’t need witnesses, evidence of jury - already know all the facts
  • Federal and state levels
A

Appellate Courts

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4
Q
  • Nominated by US president
  • Confirmed by senate majority
  • Enjoy lifetime appointment
  • Removed only if congress impeaches them for bad behavior (i.e bribery, treason)
A

Federal Judges

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5
Q
  • Chosen by a variety of methods: elected, appointed by state bar association or governor, both
A

State Judges

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6
Q

In SC, judges are elected by the __________.

A

General Assembly

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7
Q

Fixed term; not appointed for life, length of time dependent on state

A

General Assembly

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8
Q

SC circuit court judges length

A

6 years

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9
Q

SC Supreme court judges years

A

10 years

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10
Q

Protects judges from being sued for their decisions and any court appointed position

A

Judicial Immunity

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11
Q

Judicial Immunity gives 3 things:

A

(1) Can’t be sued simply because whoever lost the case is unhappy about the decision
(2) Extends to parties who perform services related to the performance of appointed judicial functions - extends to parties involved in the case
(3) Protects against undue influence on judicial decisions

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12
Q

The right of a court to hear and decide a case

A

Jurisdiction

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13
Q

Exists with courts that have authority to hear a case for the first time (trial courts)

A

Original Jurisdiction

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14
Q
  • Exists with courts of appeals, or reviewing courts

- Generally appellate courts do not have original jurisdiction

A

Appellate Jurisdiction

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15
Q
  • Exists when a court is limited to a specific subject matter, such as probate (wills, trusts, estates) or divorce
A

Limited Jurisdiction

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16
Q

Exists when a court can hear any kind of case

A

General Jurisdiction

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17
Q

Federal Court Lineage

A

(1) Supreme Court
(2) Court of Appeal
(3) Federal District Courts

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18
Q
  • Highest court in the federal system
  • 9 justices, meeting in Washington, DC
  • Appeals jurisdiction by re-examining a case appealed to it from a lower court
  • Limited original jurisdiction over some cases
A

Supreme Court

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19
Q
  • Intermediate level in the federal system
  • 12 regional circuit courts including DC circuit
  • No original jurisdiction; strictly appellate
A

Court of Appeals

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20
Q
  • Lowest level in the federal system
  • 94 judicial districts in 50 states
  • No appellate jurisdiction
  • Original jurisdiction over most cases
A

Federal District Courts

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21
Q

Court of Original Jurisdiction

A

Federal District Court

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22
Q
  • Jury makes decisions
  • Facts presented
  • Case may be heard by a magistrate
A

Federal District Court

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23
Q

Federal District Court’s Purpose

A

(1) Handle cases that fall under federal jurisdiction
(2) Use a jury trial to decide guilt or innocence
(3) Judges are to interpret the law and determine punishment

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24
Q
  • 12 circuits
  • 2 judge panel reviews issues of law
  • Hearing en banc
A

US Court of Appeals

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25
Q

All active judges in a circuit will hear a case (Murphy vs. NCAA - legalize sports gambling in all 50 states)

A

Hearing en Banc

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26
Q

Specialized Federal Courts

A

(1) Limited Jurisdiction Courts

(2) Court of Appeals for the Federal Circuit

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27
Q

Limited Jurisdiction Courts (original limited)

A

(1) US Bankruptcy Court
(2) US Court of Federal Claims
(3) US Court of International Trade
(4) US Tax Court

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28
Q

Court of Appeals for the Federal Circuit (limited appellate)

A

(1) Patent, trademark and copyright cases
(2) US Court of Federal Claims
(3) US Court of International Trade

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29
Q
  • Highest court in the nation
  • Appellate review (court of original jurisdiction in very few circumstances)
  • Cases heard by all 9 justices
  • Receives thousands of petitions each year
  • Reviews cases from US Courts of Appeal and Highest Courts of the States
  • Review is through Writ of Certiorari
A

US Supreme Court

30
Q

If _____ is not granted, lower court decision is final and binding.

A

Writ of Certiorari

31
Q

Typical State Court System

A

(1) State Supreme Court
(2) State Court of Appeals
(3) State Trial Court - Original Jurisdiction
(4) Specialty/ Limited Courts

32
Q

Hears appeals from state court of appeals on issues of law

A

State Supreme Court

33
Q

Hears appeals from lower courts on issues of law

A

State Court of Appeals

34
Q
  • Where case is first heard; deals in issues of facts

- Usually called District Courts

A

State Trial Court - Original Jurisdiction

35
Q

Probate, Family and Small Claims Courts

A

Specialty / Limited Courts

36
Q

Wills, trusts, estates

A

Probate

37
Q

Weddings, divorces, minors, child custody

A

Family Court

38
Q

Anything under $7,500 in South Carolina

A

Small Claims Court

39
Q

To go from State Supreme Court to the US Supreme Court, there must be _______ involved.

A

Federal Question

40
Q

Govern the procedure of the litigation process

A

Federal Rules of Civil Procedure

41
Q

Four Federal Rules of Civil Procedure:

A

(1) Pleadings
(2) Discovery
(3) Trial Procedures
(4) Only govern the civil side of litigation - not criminal

42
Q

Subject Matter vs. Personal Jurisdiction

A
  • Right of court to hear a case

- Court needs jurisdiction over the subject of the case

43
Q

Court needs jurisdiction over:

A

Defendant (personal jurisdiction) or Defendant Property

44
Q

Personal jurisdiction is jurisdiction over the __________ and ONLY the ___________.

A

Defendant (focus on the party that has been sued, NOT the claimant)

45
Q

True or False: If a court hears a case without proper jurisdiction, decision is null and void and case must be tied all over again.

A

True

46
Q

Federal Courts have subject matter jurisdiction if:

A

(1) US Constitutional [Federal] issue is involved (no money requirement)
(2) US is a party to the suit (no money requirement)
OR
(3) Case involves citizens of different states and > $75,000

47
Q

Plaintiff and defendant reside in different states

A

Diversity of Citizenship

48
Q

Federal Cases involving citizens of different states must have money in controversy with minimum amount:

A

$75,000

49
Q

State Courts

A
  • Limited special court/cases may resolve in a particular subject matter
50
Q

Types of State Courts:

A

(1) Probate Court
(2) Family Court
(3) Small Claims Court (limited claims of usually $5000 or less)

51
Q

True or False: If there is not a special subject matter involved that would be delegated to a specific court, case will go to the general state trial court

A

True

52
Q

Jurisdiction over the person (person or business), usually through: residency of defendant, defendant doing business in the state or defendant submits to the jurisdiction (purposefully in the state). Out of state defendants have jurisdiction that is much more difficult to get (try to serve them while they are in state)

A

Personal Jurisdiction

53
Q
  • Aimed at non-resident defendants

- Permits a court to reach beyond the state’s boundaries for jurisdiction over non-residents

A

Jurisdiction over Out-of-State Business Defendants

54
Q

Courts primarily have jurisdiction over corporations when:

A
  • Court is in the state where corporation is incorporated
  • Court is in the state where corporation has headquarters
  • Court is in a state where corporation is doing business
55
Q

Jurisdiction over Property

A

In-rem Jurisdiction

56
Q

In rem jurisdiction

A

Where defendant’s property is located creates jurisdiction (tangible and intangible property creates jurisdiction)

57
Q

Federal Courts have exclusive jurisdiction over:

A
  • Federal Claims
  • Federal bankruptcy
  • Patents
  • Copyrights
58
Q

State Courts have exclusive jurisdiction over:

A

(1) Divorce

(2) Adoption

59
Q
  • Diversity of citizenship with more than $75,000

- In some cases, both state and federal courts have jurisdiction

A

Concurrent Jurisdiction

60
Q

Both state and federal courts have concurrent jurisdiction when:

A

Diversity of citizenship > $75,000 in damages

61
Q

If concurrent jurisdiction exists, plaintiff may bring suit in either _____________ or __________.

A

State or Federal Court System

62
Q

If plaintiff chooses to file in state court….

A

Defendant has right to remove case to federal court

63
Q

If plaintiff files suit in a state court in defendant’s state of residence…..

A

Defendant cannot move case to federal court

64
Q

When there is diversity of citizenship, and the court hearing the case is a federal court, should the federal judge apply federal law, or the state law where the case could be heard?

A

Federal courts must apply state law

65
Q

Happens when incidents related to a litigated case take place in more than one state

A

Conflict of Law

66
Q
  • State rules vary on which rule of law to apply
  • If there are multiple issues going on (perhaps both contract and tort), look to the state that has the most significant interests
A

Conflict of Law

67
Q

Apply the law of the state in which the contract was made

A

Pure Contract Cases

68
Q

Apply the law of the state where the tort took place

A

Tort Case

69
Q

Appropriate geographical location where lawsuit is heard

A

Venue

70
Q

True or False: In well publicized cases, defendants might ask for change of venue.

A

True (If granted, case will be heard in the same court system, but in a different location)

71
Q

Either party may request a change of venue to a more convenient location that could hear the case.

A

Doctrine of Forum Non Conveniens

72
Q

With a Doctrine of Forum Non Conveniens, court will consider such issues as:

A

(1) Where actions of case take place

(2) Where witnesses are located

LAW 3220 (14 decks)

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