Chapter 4

Question 1

Body of American Law

Answer 1

includes the federal and state constitutions, statutes passed by legislative bodies, administrative law, and the case decisions and legal principles that form the common law.

Question 2

Essential Role of Judiciary Courts

Answer 2

to interpret the laws and apply them to specific situations.

Question 3

Judicial Review

Answer 3

process by which courts decide on the constitutionality of legislative enactments and actions of the executive branch.

Question 4

Jurisdiction

Answer 4

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

Question 5

In Personam Jurisdiction

Answer 5

personal jurisdiction over person or business in a certain geographic area.

Question 6

In Rem Jurisdiction

Answer 6

jurisdiction over the thing

Question 7

State’s Supreme Court

Answer 7

has jurisdictional authority all residents of the state

Question 8

Long Arm Statute

Answer 8

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

Must be determined that defendant had sufficient contacts (minimum contacts) with the state.

Question 9

Corporate Contacts

Answer 9

corporation is subject to personal jurisdiction in a state which it is incorporated, principal office in, and/or is doing business in.

Question 10

Jurisdiction Over Subject Matter

Answer 10

the requirement that a given court have power to hear the specific kind of claim that is brought to that court.

Question 11

General (unlimited) Jurisdiction

Answer 11

state trial court

Question 12

Limited Jurisdiction

Answer 12

probate courts handle only matters related to transfer of a person’s assets and obligations after one’s death. Custody and guardianship.

Bankruptcy courts only handle bankruptcy cases/proceedings which are governed by Federal Courts

Question 13

Courts’ Jurisdiction over SMJ can be limited by?

Answer 13

o Subject of the lawsuit
o Sum in controversy
o Whether the case involves a felony or misdemeanor
o Whether the proceeding is a trial or an appeal

Question 14

Original vs Appellate Jurisdiction

Answer 14

• Difference between two is whether one is heard for the first time.
• District courts (trial) have jurisdiction over new lawsuits, place of trials and presentation of evidence
• Appellate (reviewing) courts- only appeal from an order of judgment of a trial court of other lower courts

Question 15

Jurisdiction of the Federal Courts

Answer 15

limited unless subject matter concerns the following:

Federal questions- questions that pertains to the US Constitution, acts of Congress, or treaties.

Diversity of Citizenship

Question 16

Diversity of Citizenship Requirements

Answer 16

Plaintiff and the defendant must be residents of different states

Corporation is citizen of both state in which it is incorporated and state in which its principal place of business is located.

Dollar amount in controversy must exceed $75,000

Question 17

Concurrent Jurisdiction

Answer 17

exists when two different courts have the power to hear a case. Federal/State. Usually involves federal questions and diversity of citizenship

Question 18

Exclusive Jurisdiction

Answer 18

exists when a case only can be heard in a type of case, federal or state.

Question 19

Federal vs Court in Jurisdiction

Answer 19

Federal Court has exclusive jurisdiction over federal crimes, bankruptcy, most patent/copyright claims, suits against the U.S. and some area of admiralty law.

State Court has the jurisdiction over certain subjects such as divorce and adoption.

Question 20

Jurisdiction in Cyberspace

Answer 20

must have minimum contact with a state

Question 21

Sliding Scale Standard

Answer 21

determines when they can exercise personal jurisdiction over an out of state defendant based on the defendant’s web activities

Question 22

Venue

Answer 22

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

Change of venue- may be given if one party’s rights to a fair trial are impaired.

Question 23

Standing to Sue

Answer 23

sufficient stake in the matter to justify seeking relief through court system

Question 24

Requirements for Standing to Sue

Answer 24

Harm

Causation

Remedy

Question 25

Federal Court System (Basis Model)

Answer 25

US District Courts (trial courts of general juris)

US Court of Appeals

United States Supreme Court

Question 26

Writ of Certiorari

Answer 26

order issued by the Supreme Court to a lower court requring the latter to send it to the record of case for review

Question 27

Rule of Four

Answer 27

court will not issue a writ unless at least four of the nine justices approve of it.

Question 28

Litigation

Answer 28

process of solving a dispute through the court system

Question 29

Alternative Dispute Resolution (ADR)

Answer 29

the means of settling disputes before the court’s involvement.

Question 30

Types of ADR

Answer 30

1. Negotiation
2. Mediation
3. Arbitration
4. Early Neutral Case Evaluation
5. Mini-Trial

*Provided by both government and private organizations

Question 31

Online Dispute Resolution (ODR)

Answer 31

settlement of disputes via internet. Usually domain names, quality of goods sold on internet and auction sites.

Question 32

International Dispute Resolution

Answer 32

1. Forum Selection and Choice of Law
2. Arbitration Clauses