LGS 200 Chapter 3
Intermediate appellate courts
-Courts that hear appeals from trial courts -No new evidence or testimony is permitted
venue
A concept that requires lawsuits to be heard by the court with jurisdiction that is nearest the location in which the incident occurred or where the parties reside
Choice-of-law clause
A contract provision that designates a certain state's law or country's law to be applied to disputes concerning the nonperformance of a contract
In rem jurisdiction
A court has jurisdiction to hear and decide a case because it has jurisdiction over the property at issue in the lawsuit
special; is not
A party who disputes the jurisdiction of a court can make a _____ appearance in that court to argue against imposition of jurisdiction. Service of process _____ permitted during such an appearance.
Oklahoma under its long-arm statute
A person in Oklahoma who uses the website of an Internet seller located in Tennessee can the user sue the Internet seller in ______________________.
Quasi in rem jurisdiction
A plaintiff who obtains a judgment against a defendant in one state may utilize the court system of another state to attach property of the defendant that is located in the second state
Long-arm statue
A statute that extends a state's jurisdiction to nonresidents who were not served a summons within the state
substantive; procedural
Administrative law is a combination of _____ and _____ law.
judges
Administrative law _____ preside over administrative proceedings.
in personam
A court's jurisdiction over a person is called _____ jurisdiction
General-jurisdiction trial courts
Courts that hear cases of a general nature that are not within the jurisdiction of limited-jurisdiction trial courts
Limited-jurisdiction trial courts
Courts that hear matters of specialized or limited nature
question
Federal _____ cases are cases arising under the United States Constitution.
13
How many circuit courts are there in the federal court system?
plurality
If a majority of United States Supreme Court justices agree as to the outcome of a case but not as to the reasoning for reaching the outcome, it is a(n) _____ decision.
unanimous
If all of the United States Supreme Court Justices agree as to the outcome and reasoning used to decide a case, it is a _____ decision.
unanimous
If all of the United States Supreme Court Justices voting agree as to the outcome and reasoning used to decide a case, it is a(n) _____ decision.
majority
If five United States Supreme Court Justices agree as to the outcome and reasoning used to decide a case, it is a _____ decision.
plurality
If five United States Supreme Court justices agree as to the outcome of a case but not as to the reasoning for reaching the outcome, it is a _____ decision.
small
Many states have created _____ claims courts to hear cases involving small dollar amounts, such as $5,000 or less.
C. special-jurisdiction federal district courts
Most state court systems include all of the following EXCEPT? A. limited-jurisdiction trial courts B. intermediate appellate courts C. special-jurisdiction federal district courts D. general-jurisdiction trial courts E. highest state court
attachment
Quasi in rem jurisdiction is also known as _____ jurisdiction.
concurrent
State courts have _____ jurisdiction with federal courts to hear cases involving diversity of citizenship and federal questions over which federal courts do not have exclusive jurisdiction.
inferior
State limited-jurisdiction trial courts are sometimes referred to as _____ trial courts.
District of Columbia Circuit
The 12th circuit court is called the _____
Court of Appeals for the Federal Circuit
The 13th court of appeals is called the _____
general
The U.S. District Courts are the federal court system's trial courts of _____ jurisdiction.
general
The United States district courts are the federal court system's trial courts of _____ jurisdiction.
geographical
The first 12 circuit courts are _____
Highest state court
The highest court in a state court system
supreme
The highest court in a state court system is usually referred to as the state ________ court.
94
There are _____ U.S. District Courts.
13
There are _____ circuits in the federal court system.
highest
The ________ court in a state court system hears appeals from intermediate appellate state courts and certain trial courts.
Highest state court
This court hears appeals from intermediate appellate state courts and certain trial courts
Highest state court
This court's decisions are appealable to the U.S. Supreme Court
U.S. Court of Appeals for the Armed Force
This special federal court exercises appellate jurisdiction over members of the armed services
U.S. Court of Appeals for Veteran Claims
This special federal court exercises jurisdiction over decisions of the Department of Veteran Affairs
U.S. Court of International Trade
This special federal court handles cases that involve tariffs and international trade disputes
U.S. Court of Federal Claims
This special federal court hears cases brought against the United States
U.S. Bankruptcy Court
This special federal court hears cases that involve federal bankruptcy laws
U.S. Tax Courts
This special federal court hears cases that involve federal tax laws
standing
To bring a lawsuit, a plaintiff must have _____ to sue.
Full Faith and Credit
Under the _____ Clause of the United States Constitution, a judgment of a court of one state must be recognized by the courts of another state.
rule making / judicial authority / executive power / licensing
What are the powers of administrative agencies?
both intermediate appellate state courts and certain trial courts
What does the highest state court system hear appeals from?
to review the trial court record for errors
What is the function of an intermediate appellate court?
the lower court decision is affirmed, and the vote is not precedent for later cases
What is the legal effect of a tie vote at the United States Supreme Court level?
There is no dollar-amount limit.
What is the dollar-amount limit on federal question cases that can be brought in federal court?
change of venue
When pretrial publicity may prejudice jurors, a _________________ may be requested.
appellate courts of the military services
Which of the following is NOT a court in the state court system?
symbolic
Which of the following is NOT a recognized method of service of process?
A. Courts generally frown upon forum shopping.
Which of the following is a correct statement regarding forum shopping? A. Courts generally frown upon forum shopping. B. Forum shopping is encouraged in state court, but not in federal court. C. Assuming that a party has standing to sue, he or she will be allowed to engage in forum shopping. D. As a general rule, adults are allowed to engage in forum shopping, while minors are not. E. Forum shopping is encouraged in federal court, but not in state court.
standing to sue
some stake in the outcome of a lawsuit
long-arm
A(n) _____ statute extends a state's jurisdiction to nonresidents who were not served a summons within the state.
D. It is also known as exclusive jurisdiction.
Which of the following is an INCORRECT statement regarding concurrent jurisdiction? A. If the plaintiff brings a case involving concurrent jurisdiction in state court, the defendant can either let the case be decided by the state court or remove the case to federal court. B. If a case involving concurrent jurisdiction is brought by a plaintiff in federal court, the case remains in federal court. C. If a case does not qualify to be brought in federal court, it must be brought in the appropriate state court. D. It is also known as exclusive jurisdiction. E. State courts have concurrent jurisdiction with federal courts to hear cases involving diversity of citizenship and federal questions over which federal courts do not have exclusive jurisdiction.
D. Generally, the parties have lawyers represent them in small claims court.
Which of the following is an INCORRECT statement regarding small claims courts? A. Many states have created small claims courts to hear civil cases involving small dollar amounts. B. Generally, the parties must appear individually. C. The decisions of small claims courts are often appealable. D. Generally, the parties have lawyers represent them in small claims court. E. Generally, the parties cannot have lawyers represent them.
E. The Federal Communications Commission (FCC) regulates radio and television broadcasting.
Which of the following is an accurate statement regarding the functions of administrative agencies? A. The Uniform Commerce Commission (UCC) enforces federal antitrust and consumer protection law. B. The Federal Trade Commission (FTC) enforces federal tort law. Your answer is not correct. C. The Uniform Communications Commission (UCC) regulates radio and television broadcasting. D. The Federal Trade Commission (FTC) regulates the issuance and trading of securities. E. The Federal Communications Commission (FCC) regulates radio and television broadcasting.
trademark
Zippo Manufacturing Company sued Zippo Dot Com, Inc. in U.S. District Court for what kind of infringement?
C. Linda cannot sue Emily on Jon's behalf because she does not have standing to sue.
Linda's friend Jon is injured in an accident caused by Emily. Jon decides not to sue Emily. Which of the following is a correct statement regarding Linda's right to sue Emily for the accident? A. As Jon's trustee, Linda can sue Emily on Jon's behalf. B. Linda can bring her own cause of action against Emily for intentional infliction of emotional distress. C. Linda cannot sue Emily on Jon's behalf because she does not have standing to sue. D. Linda can bring her own cause of action against Emily for negligent infliction of emotional distress. E. As Jon's guardian, Linda can sue Emily on Jon's behalf.
Procedural
_____ administrative law establishes the procedures that must be followed by an administrative agency while enforcing substantive laws.
Substantive
_____ administrative law is law that an administrative agency enforces—federal statutes enacted by the United States Congress or state statutes enacted by state legislatures.
in rem
_____ jurisdiction means "jurisdiction over the thing."
Administrative
_____ law is enacted by governments that regulate industries and business and professionals.
Substantive
_____ law is law that an administrative agency enforces.
Diversity
_____ of citizenship occurs if a lawsuit involves citizens of different states, or a citizen of a state and a citizen or subject of a foreign country.
In personam jurisdiction
•A court has jurisdiction over the parties to the lawsuit •The plaintiff submits to the jurisdiction of the court by filing the lawsuit there •Personal jurisdiction is obtained over the defendant through service of process to that person
