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21 Cards in this Set
- Front
- Back
Trial court
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court of original jurisdiction. have power to hear and decide cases when they first enter the court. State: county court, common pleas. Federal: district court.
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Courts of Appellate Jurisdiction
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power to review previous judicial decisions and determine whether trial couts erred in their decision.
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Question of Law
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handled by Appellate Court. issue concerning interpretation of law.
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question of fact
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question about an event or characteristic in a case
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bench trial
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questions of fact. judge decides. trial with no jury.
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jury trial
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jury decides questions of fact.
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Personal jurisdiction
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court's power to render a decision affecting the rights of a specific person.
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plaintiff
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files a lawsuit in court
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defendant - personal jurisdiction
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court acquires jurisdiction when he is served a complaint and summons
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service process
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usu. personal service. officer of the court hands the summons and complaint to the defendant.
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long arm statutes
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enable courts to serve defendants outside the state as long as the defendant has sufficient minimum contacts
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minimum contacts
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each state is different, but most say acts like committing a tort or doing business in a state are sufficient
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in rem jurisdiction
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jurisdiction over the thing
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Subject-matter jurisdiction
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court's power to hear certain kinds of cases.
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exclusive federal jurisdiction
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federal courts have exclusive jurisdiction over very few things. admiralty, bankruptcy, federal criminal prosecution, claims against US,
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State jurisdiction
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state courts have power to hear all cases not falling under exclusive federal jurisdiction
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concurrent federal jurisdiction
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-federal-question cases. require interpretation of federal law
-diversity of citizenship cases. plaintiff from different state. +$75,000 |
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venue
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determines which trial court in the system will hear case. matter of geographic location determined by state statute
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structure of federal court system
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1)federal trial courts. divided into 94 districts
2) intermediate courts of appeal. 12 circuits. 3) court of last resort - Supreme Court. 9 justices |
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structure of state court system
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1) state trial courts
2) intermediate courts of appeal 3) court of last resort. some supreme court. some court of appeals (NY) |
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threshold requirements
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ensure that the courts only hear cases that genuinely require adjudication.
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