BLAW Chapter 2

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standing to sue

before a person can bring a lawsuit before a court the party must have:

jurisdiction over the person or company against whom the suit is brought in the suit

before any court can hear a case it must have:

one

every state has atleat how many courts of appeals?

bankruptcy court

example of a federal court of limited subject matter jurisdiction is:

probate court

example of a state court of limited jurisdiction is a:

usually hand picked layers for a companies law suit

exclusive federal jurisdiction:

usually dealing with family matters

exclusive state jurisdiction:

district courts

federal cases usually originate in what court?

any person or business that resides in a certain geographic area

generally a court can exercise personal jurisdiction over:

sue out of state

if a person of wrong doing comes to you from out of state the property jurisdiction allows you to:

unconstitutional, death penalty

if something is ruled ______ or someone is given the ____ it is sent to the supreme court

question of law

in a lawsuit, an issue involving the application or interpretation of a law.

question of fact

in a lawsuit, an issue that involves only idisputed facts, and not what the law is on a given point

bankruptcy probate family criminal cases

jurisdiction over subject matter happen in these types of courts:

exclusive jurisdiction

jurisdiction that exists when a case can be heard only in a particular court or type of court

concurrent jurisdiction

jurisdiction that exists when two different courts have the power to hear a case

overruled supreme court

only when issues of federal law are involved can a decision be ___ by US ___ ___

local trial courts of limited jurisdiction state trial courts of general jurisdiction state courts of appeal highest state courts

state courts may include:

jurisdiction

the authority of a court to hear and decide a specific case

US District courts US courts of appeals The US Supreme court

the federal court system consist of:

supreme court

the highest appellate court in a state is usually called the:

the place of the venue

the jury is selected from:

standing to sue

the legal requirement than an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit

the plaintiff and defendant must be residents of different states the dollar amount in controversy must exceed $75,000

the most common type of diversity jurisdiction has two requirements:

Judicial review

the process by which a court decides on the constitutionally of legislative enactments and actions of the executive branch

94

today there are how many federal judicial branches?

long arm statutes

used by courts for non-resident parties based on "minimum degree of contact" with state

dimension of value

when something loses its value bc of an incident

person or property subject matter original or appellate federal court exclusive vs concurrent

Different types of jurisdiction:

federal question diversity of citizenship

Federal courts have subject-matter jurisdiction in two situations:

the supreme court

If a state case involves a federal statute or federal constitutional issue the decision may be up to:

federal question

a question that pertains to the US Constitution, an act of congress, or treaty and provides a basis for federal jurisdiction in a case

small claims court

a special court in which parties can litigate small claims without an attorney

probate courts

a state court of limited jurisdiction that conducts proceedings relating to the settlement of a deceased person's estate.

located within its boundaries

a court can also exercise jurisdiction over property that is:

bankruptcy court

a federal court of limited jurisdiction that handles only bankruptcy proceedings, which are governed by federal bankruptcy now

diversity of citizenship

a basis for federal court jurisdiction over a lawsuit between citizens of different states and countries

justiciable controversy

a controversy that is not hypothetical or academic but real and substantial.

questions of law questions of fact

appellate courts generally focus on ___ ___ ___ not __ ___ ___

questions of fact

appellate courts normally defer to a trial court's findings on:

venue

concerned with the most appropriate location for the trial

rem jurisdiction

court's power to decide issues relating to property

trial court

courts in which trials are held and testimonies taken

change the venue

courts rarely grant request to:


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