18.1 Flashcards
(29 cards)
During the years of the Articles of Confederation were in force, were there national courts?
No
How were disputes settled?
Disputes between States and persons who lived in different states were decided by the courts of one of the states involved
How many court systems are there in the United States?
Two
What are the court systems in the united states?
- National judiciary spans the country with more than 100 courts. Each of the 50 states has its own system of courts
What are the two kinds of federal courts?
The constitution establishes the Supreme Court and leaves Congress to establish the inferior courts
What are the inferior courts?
Lower federal courts, those beneath the Supreme Court.
Congress has created two distinct types of courts. What are they?
- The constitutional courts
- The special courts
What are constitutional courts?
Those federal courts that Congress has formed under Article III to exercise the judicial power of the US
What courts are included in the Constitutional courts?
US Court of International Trade, district courts, courts of appeals
What are the special courts?
They have been created by congress to hear cases arising out of some of th eexpressed powers given to congress in Article I section 8.
What do the special courts include?
The US Court of appeals for the Armed Forces, the US court of appeals for veterens claims, the US court of federal claims, and the US Tax courts. They are often called legislative courts
What type of courts hear most of the cases tried in the federal courts?
Constitutional courts
What is jurisdiction?
It is defined as the authority of a court to hear (to try and to decide) a case
What does Article III Section II say about when a federal court may hear a cases?
because of
- The subject matter
- Parties involved
Subject Matter
Many federal courts may hear a case if it involves a federal question (interpretation of the Constitution, or a provision of any federal statue or treaty) This includes Admirality law (relates to matters that arise on the high seas) and Maritime law (relates to matters that arise on land but are directly related to the water)
Parties
A case falls within the jurisdiction of the federal court if one of the parities involved in the case is:
- The UNited States or one of its officers or agencies
- An Ambassador, consul, or other official representative of a foreign government
- One of the 50 States suing another state, a resident of another state or a foreign government or one of its subjects
- A citizen of one state suing another state
- An American citizen suing a foreign government or one of its subjects
- A citizen of a State suing another citizen of that smae States where both claim title to land under grants from different states
What ideal is the matter of parties reflective of?
Federalism, because of the dual system of courts in the country.
What is exclusive jurisdiction
They can be tried only in the federal courts.
A case involving an act of Congress, infringement of a patent or copyright falls into what jurisdiction
exclusive
What is Concurrent Jurisdiction>
Meaning the states and the feds share the power to hear cases.
What falls under concurrent jurisdiction>
Disputes involving citizens of different states
A federal district court may hear a case of diverse citizenship only when what happens?
The amount of money involved in that case is at least 75,000
What is the plaintiff
The person who files the suit, may bring the case in the proper state or federal court
What is the defendant?
The person against whom the complaint is made
