The American Judicial System Flashcards
Federal v State Court Jurisdiction
the power to make legal decisions and judgements
Subject Matter Jurisdiction
case going to be in a state court or a federal court
Concurrent subject matter jurisdiction
when the case could go to state or federal court
Diversity of Citizenship
civil cases involving citizens of two ore more states in which the amt of money in question is over $75,000
Personal Jurisdiction/In personam
the courts jurisdiction over the parties in a lawsuit (i.e. do I have to go to where the defendant is or can I make him/her come here?)
Long Arm Statute
allows for a state to exercise jurisdiction over non-residents if they are participating in certain activities
Specific Jurisdiction
if the min contact is just one contact, the lawsuit must concern that specific interest (i.e. concerning the piece of property someone owns)
General Jurisdiction
if the defendant has several points of contact with the state, the lawsuit can be about anything (does not have to concern their points of contact)
Original Jurisdiction
The power to hear a case for the first time (trial court)
Appellate Jurisdiction
The power of a court to hear appeals from lower courts (a court’s right to review)
Felony
very serious, punishment is over a year, goes on record
Misdemeanor
less serious, punishment is under a year, goes on record
Infraction
wayyyy less serious, a fine, no record
Writ of Certiorari
order sent from a higher court to a lower one requiring lower court to turn over transcripts and documents related to the case. The loser asks the appellate court for permission to hear the case.
Appellant
the person who appeals the case
