The Court System and Alternative Dispute Resolution Flashcards
(43 cards)
How many court systems are there in the US?
There are fifty-two court systems—one for each of the fifty states, one for the District
of Columbia, and the federal system
standing to sue
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
“Ad litem”
A court will allow a person to bring a lawsuit on behalf of a child
or an incapacitated adult as an ad litem guardian (ad litem means “for purposes of the
litigation only”).
justiciable controversy
A controversy that is real and
substantial, as opposed to
hypothetical or academic.
jurisdiction
The authority of a court to hear and
decide a specific case.
long arm statute
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
in rem jurisdiction
The power a court has to determine
the legal status of property (a
thing) even if the court does not
have jurisdiction over persons with
interests in the property.
subject-matter jurisdiction
The authority of a court to hear
cases concerning certain matters
of law
probate court
A state court with limited jurisdiction
that has the power to control
proceedings concerning the
settlement of a person’s estate.
bankruptcy court
A federal court of limited jurisdiction
that hears only bankruptcy
proceedings.
original jurisdiction
The power of a court to take a case,
try it, and decide it
trial court
A court in which cases begin and
in which questions of fact are
examined. In the federal system, the district courts are trial courts.
appelate jurisdiction
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.
appelate court
A court that reviews decisions made
by lower courts, such as trial courts;
a court of appeals.
federal question
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.
diversity of citizenship
Under the U.S. 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
exercise jurisdiction in such cases.
concurrent jurisdiction
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.
exclusive jurisdiction
Jurisdiction that exists when a case
can be heard only in a particular
court, such as a federal court.
docket
The list of cases entered on a court’s
calendar and scheduled to be heard
by the court.
venue
The geographic district in which an
action is tried and from which the
jury is selected
What are the Levels in a State Court System?
- State trial courts of general jurisdiction and limited jurisdiction.
- State appellate courts.
- The state’s highest court (often called the state supreme court).
What are some examples of Limited Jurisdiction Courts?
Small claims courts, domestic relations courts, municipal courts, and probate courts
What’s a small claims court?
hear only civil cases involving claims of less than a
certain amount, such as $5,000.
What kind of cases to Domestic relations courts handle?
They handle only divorce actions, paternity suits,
and child-custody and support cases.
