Chapter 6. Court System

Question 1

standing to sue

Answer 1

A sufficient stake in a controversy to justify bringing a lawsuit. To have standing to sue, the plaintiff must demonstrate an injury or a threat of injury.

Question 2

justiciable controversy

Answer 2

A controversy that is real and substantial, as opposed to hypothetical or academic.

Question 3

jurisdiction

Answer 3

The authority of a court to hear and decide a specific case.

Question 4

long arm statute

Answer 4

A state statute that permits a state to obtain jurisdiction over nonresidents. The nonresidents must have certain “minimum contacts” with that state for the statute to apply.

Question 5

probate court

Answer 5

A court having jurisdiction over proceedings concerning the settlement of a person’s estate.

Question 6

Bankruptcy courts

Answer 6

A federal court of limited jurisdiction that hears only bankruptcy proceedings.

Question 7

original jurisdiction

Answer 7

The power of a court to take a case, try it, and decide it.

Question 8

trial courts

Answer 8

A court in which cases begin and in which questions of fact are examined.

Question 9

appellate jurisdiction

Answer 9

The power of a court to hear and decide an appeal; the authority of a court to review cases that have already been tried in a lower court and to make decisions about them without holding a trial.

Question 10

appellate courts (courts of appeal)

Answer 10

A court that reviews decisions made by lower courts, such as trial courts; a court of appeals.

Question 11

federal question

Answer 11

A question that pertains to the U.S. Constitution, acts of Congress, or treaties. It provides a basis for jurisdiction by the federal courts as authorized by Article III, Section 2, of the Constitution.

Question 12

diversity of citizenship

Answer 12

Under the Constitution, a basis for federal district court jurisdiction over a lawsuit between (1) citizens of different states, (2) a foreign country and citizens of a state or states, or (3) citizens of a state and citizens of a foreign country. The amount in controversy must be more than $75,000 before a federal court can

Question 13

concurrent jurisdiction

Answer 13

Jurisdiction that exists when two different courts have the power to hear a case. For example, some cases can be heard in either a federal or a state court.

Question 14

exclusive jurisdiction

Answer 14

Jurisdiction that exists when a case can be heard only in a particular court, such as a federal court.

Question 15

docket

Answer 15

The list of cases entered on the court’s calendar and scheduled to be heard by the court.

Question 16

venue

Answer 16

The geographic district in which an action is tried and from which the jury is selected.

Question 17

reversible error

Answer 17

A legal error at the trial court level that is significant enough to have affected the outcome of the case. It is grounds for reversal of the judgment on appeal.

Question 18

writ of certiorari

Answer 18

A writ from a higher court asking a lower court to send it the record of a case for review. The United States Supreme Court uses certiorari to review most of the cases it decides to hear.

Question 19

alternative dispute resolution (ADR)

Answer 19

The resolution of disputes in ways other than those involved in the traditional judicial process. Negotiation, mediation, and arbitration are forms of ADR.

Question 20

Negotiation

Answer 20

A process in which parties attempt to settle their dispute voluntarily, with or without attorneys to represent them.