BLAW Chapter 2
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:
