Ch 2. Courts and Alternative Dispute Resolutions Flashcards Preview

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Flashcards in Ch 2. Courts and Alternative Dispute Resolutions Deck (61)
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1

Judicial Review

The process of determining if the laws and actions of the other two branches of are constitutional.

-Decided by the judiciary branch because they are entrusted with interpreting the laws.

2

What requirements must be met before a lawsuit can be brought before a court?

1. Jurisdiction
2. venue.
3. Standing to Sue

3

Jurisdiction (latin meaning and literal meaning)

Juris (law)
Diction (speak)
The power to speak the law.

4

In personam Jurisdiction

"personal jurisdiction"
A particular court can exercise personal jurisdiction over any person or business that resides in a certain geographic area.

5

In rem Jurisdiction

"jurisdiction over the thing"
A court can exercise jurisdiction over property that is located within its boundaries.

6

Long Arm Statutes

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

7

Minimum-Contacts

Demonstration that the defendant has sufficient contacts with the state to justify the jurisdiction. (parking ticket, police report, willingly entered the state, etc)

8

Affidavit

Written statement, made under oath.

9

Subject-Matter Jurisdiction

Refers to the limitations on the types of cases a court can hear. Certain courts are empowered to hear certain kinds of disputes.

10

General Jurisdiction

Unlimited jurisdiction; court can decide cases involving a broad array of issues. (state or federal trial court)

11

Limited Jurisdiction

Limited to the types of cases they can decide. (probable court)

12

Probate Courts

State courts that handle only matters relating to the transfer of a person's assets and obligations after the person's death, including issues relating to the custody and guardian ship of children.

13

Bankruptcy Courts

Handle only bankruptcy proceedings, which are governed by federal bankruptcy law.

14

Courts of Original Jurisdiction

Courts in which lawsuits begin, trials take place, and evidence is presented.

15

Appellate Courts

Courts having appellate jurisdiction act as reviewing courts.

16

What is the difference between original courts and appellate courts?

Whether or not the court is hearing the case for the first time.

17

A Federal question arises when?

When a plaintiff's cause of action is based, at least in part, on the US constitution, treaty, or federal law.

18

What is Diversity of Citizenship and what are the two requirements for the most common type?

Whenever a federal court has jurisdiction over a case that does not involve a question of federal law.
1. The plaintiff and defendant must be residents of different states
AND
2. The dollar amount in controversy must exceed $75,000

19

Concurrent Jurisdiction

When both the federal and state courts have the power to hear a case, as is true in suits involving diversity of citizenship. Examples. Most cases involving federal questions and diversity of citizenship.

20

Exclusive Jurisdiction

When cases can be tried in only federal courts, these cases must start in the federal court

21

What are some examples of things that Federal courts have exclusive jurisdiction over?

Federal crimes, bankruptcy, most patent and copyright claims, in suits against the us, and in some areas of admiralty law( law governing transportation on ocean waters.

22

What are some examples of things that State courts have exclusive jurisdiction over?

Divorce and adoption.

23

What Factors can affect a party's decision to litigate in a federal vs. a state court?

1. Availability of different remedies.
2. The distance of the respective courthouses
3. The reputation of a particular judge
4. Bias in state court (if plaintiff is from oklahoma, but defendant is from texas; Defendant would want federal court due to bias in the Oklahoma Court towards plaintiff.)

24

Sliding Scale Jurisdiction

standard for determining when the exercise of personal jurisdiction over an out of state internet based defendant is proper.

25

Three types of internet business contacts used in developing the standard of sliding scale jurisdiction?

1. Substantial business conducted over the internet. (with contracts and sales) (jurisdiction is proper).
2. Some interactivity through a website. (either one)
3. Passive advertising. (jurisdiction is improper)

26

Venue

Most appropriate location for a trial.

27

Standing to Sue

Sufficient stake in a matter to justify seeking relief through the court system. AKA a party must have legally protected and tangible interest at stake in the litigation.

28

Justiciable controversy

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

29

What are the levels of a state court system?

1. Local trial courts of limited jurisdiction
2. State trial courts of general jurisdiction,
3. State courts of appeals (intermediate appellate courts)
4. States highest court often called State supreme court.

30

Trial Courts

Courts in which trials are held and testimony is taken.