chapter 4

Question 1

Define this:
the process of deciding if a law/action of another branch is constitutional.

Answer 1

judicial review

Question 2

how many court systems are there? how many for state? DC? Federal System?

Answer 2

52 court systems, 50 state courts, 1 DC court, 1 Federal system court

Question 3

what procedures must be followed before a case can be heard by a court?

Answer 3

jurisdiction, venue, standing

Question 4

which case established judicial power?

Answer 4

marbury v. madison

Question 5

define this:
the power to speak the law

Answer 5

jurisdiction

Question 6

what are the 3 types of jurisdiction?

Answer 6

in personam
in rem
subject matter

Question 7

What does in personam jrd. concern?

Answer 7

jurisdiction over the person

Question 8

what does in rem jrd. concern?

Answer 8

jurisdiction over the thing or property

Question 9

Under in personam jrd., businesses are considered residents of state where they’re ___________ AND where they…

Answer 9

created, do the most business
ex) headquarters

Question 10

under in personam jrd. an individual person is considered resident of state if they…

Answer 10

are residents of the state where they live

Question 11

what is the jrd called when in personam or in rem jrd has a non-resident?

Answer 11

long arm jurisdiction

Question 12

under long arm jurisdiction a court can exercise personal jurisdiction over certain out-of-state defendants based on…

Answer 12

activities that took place within the state

Question 13

what are minimal contacts for individuals?

Answer 13

injury, breach of contract, regularly visit

Question 14

what are minimal contacts for businesses?

Answer 14

created in the state, advertise/sell in state, place goods in stream of commerce

Question 15

long arm jurisdiction requires the non-resident to have ________ ______ with the state

Answer 15

minimum contacts

Question 16

under long arm jrd., it’s not about the plaintiff it’s about…

Answer 16

where the accident occurred

Question 17

what are 3 examples of minimum contacts as an individual?

Answer 17

1. defendant injures someone in the state
2. they breach or form a contract in state
3. they visit the state often for business

Question 18

what are 3 examples of minimum contacts as an CORPORATION?

Answer 18

1. do business in that state
2. advertise/sell products in that state
3. place goods in the “stream of commerce” w/ exception of purchase by residents

Question 19

we use in _____ jrd. in disputes where PROPERTY is the subject matter of the controversy. the property must be ______ _____ in which the court sists.

Answer 19

rem, within area

Question 20

does a case NEED to have subject matter jurisdiction?

Answer 20

yes

Question 21

in rem jrd isn’t about damages, its about ____ _____ the property

Answer 21

who owns

Question 22

can the case have both in personam jrd. and in rem jrd?

Answer 22

no it has to be one or the other

Question 23

under in rem jrd., the _______ is always non-resident

Answer 23

defendant

Question 24

which jurisdiction do the courts prefer to have?

Answer 24

over the people, not the property

Question 25

what does subject matter jurisdiction limit?

Answer 25

the types of cases that a court can hear

Question 26

In both the federal and the state court systems, there are courts of _____(unlimited) jurisdiction and courts of ______jurisdiction

Answer 26

general, limited

Question 27

what are 2 types of LIMITED jurisdiction courts?

Answer 27

probate courts, bankruptcy courts

Question 28

An example of a court of general jurisdiction is a ______trial court or a _____district court.

Answer 28

state, federal

Question 29

An example of a state court of limited jurisdiction is a ______ court.

Answer 29

probate

Question 30

An example of a federal court of limited subject-matter jurisdiction is a _______ court.

Answer 30

bankruptcy

Question 31

what type of STATE court handles only matters relating to the transfer of a person’s assets and obligations after that person’s death, including matters relating to the custody and guardianship of children.

Answer 31

probate court

Question 32

which FEDERAL court handles only bankruptcy proceedings, which are governed by federal bankruptcy law.

Answer 32

bankruptcy court

Question 33

can subject matter jurisdiction ever be waived?

Answer 33

NO

Question 34

a court’s subject-matter jurisdiction can be limited by what 4 things?

Answer 34

1. subject of the lawsuit 2. amt of money in controversy 3. seriousness of the crime 4. if it's a trial or appeal

Question 35

define this: courts of the first instance, or trial courts

Answer 35

original jurisdiction

Question 36

In the federal court system, the _______ courts are trial courts

Answer 36

district

Question 37

define this: courts that act as reviewing, or appellate, courts

Answer 37

appellate jurisdiction

Question 38

Because the federal government is a government of limited powers, the jurisdiction of the federal courts is _______.

Answer 38

limited

Question 39

Federal courts have subject-matter jurisdiction in what two situations?

Answer 39

1. there's federal question 2. there's diversity of citizenship

Question 40

when we say that a court has subject matter jurisdiction, we are saying that they have...

Answer 40

the power to decide a case

Question 41

when a case happens or is rooted in federal law, there is....

Answer 41

federal question

Question 42

if there is no federal question, then there is...

Answer 42

diversity of citizenship

Question 43

what are the 2 things that diversity of citizenship require?

Answer 43

1. plaintiff & defendant are residents/citizens of different states 2. the dollar amount is more than $75000

Question 44

corporations are citizens of state of ___________ AND of the state in which its _____ place of business is located.

Answer 44

incorporation, principal

Question 45

a federal court will apply _______ law in cases involving federal questions.

Answer 45

federal

Question 46

In a case based on diversity of citizenship a federal court will apply the relevant _____ law

Answer 46

state

Question 47

state the jurisdiction when both federal and state courts can have jurisdiction

Answer 47

concurrent jurisdiction

Question 48

state the jurisdiction when ONLY a state court system or ONLY a federal court has jurisdiction

Answer 48

exclusive jurisdiction

Question 49

Federal courts have EXCLUSIVE jurisdiction in cases involving...(3)

Answer 49

bankruptcy, patents, copyright

Question 50

State courts have EXCLUSIVE jurisdiction over...

Answer 50

divorce, adoption

Question 51

what is venue?

Answer 51

where within the jurisdiction the trial should take place

Question 52

General Rule: - Venue is proper where..

Answer 52

defendant resides or the cause of action occurs

Question 53

can a court still hear a case even if venue isn't proper?

Answer 53

yes

Question 54

a court can change a venue for 2 reasons..

Answer 54

1. defendant can't get a fair trial 2. convenienve for the party

Question 55

a case is dismissed if it doesn't have _______

Answer 55

standing

Question 56

to have standing to sue, one must have a sufficient _______ in a controversy to seek judicial resolution. Must have _________ _________

Answer 56

stake, justiciable controversy

Question 57

what is considered "stake" in standing?

Answer 57

1. legally protected and tangible interest at stake. 2. must have been injured or threatened with injury by the action

Question 58

what is justiciable controversy?

Answer 58

a controversy ripe for judicial review which is real & hypothertcal

Question 59

what are the alternate forms of dispute resolution (3)

Answer 59

negotiation, mediation, arbitration

Question 60

when 2 parties work together to find a solution, they are performing...

Answer 60

negotiation

Question 61

when the parties reach an agreement with help of a 3rd party they had...

Answer 61

mediation

Question 62

when the parties have a 3rd party arbitrator that BINDS the case they performed..

Answer 62

arbitration