Module 2: Litigating in Court

Question 1

Elements a court weighs when deciding if it has jurisdiction include:

Answer 1

1) the state(s) where the parties reside and the alleged action occurred,
2) the type of claim at issue (a civil wrong or a criminal act), and
3) the amount of money at issue (if it’s a civil case).

Question 2

Personal jurisdiction

Answer 2

the court has the legal right to compel the defendant to appear in court

Question 3

The right to ___ ____ means a court can’t simply order the resident of another state or another country to appear in court

Answer 3

due process

Question 4

Personal jurisdiction

Answer 4

court has the legal right to compel the defendant to appear in court.

Question 5

Why cant the court simply order the resident of another state or country to appear in court

Answer 5

The constitutional right to due process

Question 6

Due process means that in order for the court to compel the defendant to appear in court, the defendent must either…

Answer 6

1) be a resident of the state or

2) have committed an act in the state

Question 7

The court must have jurisdiction over the defendant as well as the case’s ___ ___

Answer 7

Subject matter

Question 8

General jurisdiction

Answer 8

jurisdiction over almost any type of case, whether criminal or civil

Question 9

A state’s trial courts are known as courts of ____ jurisdiction

Answer 9

general

Question 10

What is the court of general jurisdiction in the CA state court system

Answer 10

Superior court

Question 11

The court of general jurisdiction at the FEDERAL level is known as….

Answer 11

US District Court

Question 12

How many US District Courts does each state have

Answer 12

at least one

Question 13

How many US District Courts do larger states have

Answer 13

2(+) - each w/ jurisdiction over a different part of the state

Question 14

How many District Courts are there in California

Answer 14

4

Question 15

What are the District Courts in CA?

Answer 15

Northern
Central
Southern
Eastern

Question 16

In what 3 situations do federal courts have subject matter jurisdiction?

Answer 16

1) When the federal gov’t is a party
2) When a question of federal law is at issue
3) When there is diversity of citizenship

Question 17

Subject matter jurisdiction

Answer 17

Limitations on the types of cases a court can hear

Question 18

Diversity of citizenship

Answer 18

When the plaintiff and defendant live in different states

Question 19

In maritime cases and disputes with foreign citizens or governments, ___ courts have exclusive jurisdiction

Answer 19

federal

Question 20

Where will a ase be heard if the federal government is a party to it?

Answer 20

US District Court

Question 21

When the gov’t prosecutes a federal crime, like racketeering or mail fraud, where is the case heard?

Answer 21

US District Court

Question 22

When the government sues a contractor for breach of contract, that is a __(civil or criminal)__ case and is heard in _____ Court

Answer 22

Civil; US District Court

Question 23

If a suit between private parties raises only questions of federal law, the case will be heard in which court?

Answer 23

US District Court

Question 24

What violation is usually involved when private parties raise only questions on federal law?

Answer 24

Violation of a federal statute

*may also involve claims regarding deprivation of rights guaranteed under the US Constitution or a treaty

Question 25

Violation of Sherman Act must be heard in ____ court

a) state
b) federal

Answer 25

b) federal

Question 26

Violation of Fair Housing Act (federal) and Unruh Act (state) may be heard in which court(s):

a) state
b) federal
c) state or federal

Answer 26

either

Question 27

A discriminatory act by a buyer’s agent is most likely a violation of ____ antidiscrimination laws

a) state
b) federal
c) state and federal

Answer 27

c) state and federal

Question 28

If there are mixed federal and state issues, the case may be brought in ____ court:

a) state
b) federal
c) state or federal

Answer 28

c) state or federal

Question 29

Diversity jurisdiction:

Answer 29

1) Parties are from different states

2) At least $75,000 is in controversy

Question 30

Diversity of citizenship is a basis for ____ jurisdiction

Answer 30

US District Court

Question 31

Long Arm Statute

Answer 31

A court can exercise personal jurisdiction over certain out-of-state defendants based on activities that took place within the state

Question 32

In diversity jurisdiction cases, ___ court gets jurisdiction:

a) state
b) federal
c) state and federal

Answer 32

b) federal

Question 33

The plaintiff must claim damages of at least $_____ for diversity jurisdiction to apply

Answer 33

$75,000

Question 34

Diversity cases are heard in state court unless ___

Answer 34

one party opts for federal court

Question 35

A party unhappy with the other party’s decision to remove the case to federal court may try to

Answer 35

challenge the basis for diversity jurisdiction

Question 36

basic trial courts are called

Answer 36

superior courts

Question 37

Superior courts have ____ jurisdiction

Answer 37

general

Question 38

What type of cases do superior courts hear?

a) civil
b) criminal
c) both

Answer 38

c) both

Question 39

Superior courts are sometimes called ___ courts

Answer 39

county

Question 40

In California, each county has a ____ court

Answer 40

superior

Question 41

If a claim is _____ or less, the plaintiff can choose to have the case heard in small claims court

Answer 41

$10,000

Question 42

Businesses can use small claims court if the claim is $____ or less

Answer 42

$5,000

Question 43

Can parties in small claims court be represented by attorneys?

Answer 43

No

Question 44

How many years is a regular term for a superior court judge in California?

Answer 44

6

Question 45

Who appoints superior court judges

Answer 45

voters

Question 46

Who appoints appellate judges in CA?

Answer 46

the governor

Question 47

How many years is a regular term for an appellate judge in CA?

Answer 47

12

Question 48

What is the term (limit) for a federal judge?

Answer 48

None - federal judges are given lifetime appointments