Chapter 3: American Judicial System

The Supreme Court hears about ______ percent of all the requests for review

1

Roles of the Judiciary

1. Adjudicate cases (resolve disputes) 2. Judicial review (review decisions)

To determine to a court has personal jurisdiction over a party who does not reside in that state...

1. jurisdiction must be authorized by state long arm statute 1. ensures fairness and due process

In order for a new case to be heard by the Supreme Court, _____ justices must vote to hear it

4

Subject Matter Jurisdiction

A court's authority to hear a particular type of case - trial courts

True or false: courts settle cases and controversies through adjudication

True

Zippo Test

a 3 point scale to access in a defendant's online activities constitute min contact - passive, interactive, integral

Forum

a court location to litigate a dispute when courts have concurrent jurisdiction

U.S. District Courts

address federal statutes, regulations, or constitutional issues - may decide on state law when parties are from different state and exceeds $75,000

A state supreme court's decision is binding on ...

all courts situated in that state

in rem jurisdiction

allows a court the authority to determine title to an object or real estate

The following factors are important in a cost benefit analysis of pursuing litigation

any alternate dispute resolution methods and total possible recovery

The supreme court has jurisdiction over...

appeals from the U.S. circuit court of appeals and matters of interpretation of federal laws and the constitution

what shapes the framework and rules that courts use to analyze jurisdiction questions?

appellate courts, legislatures

quasi in rem jurisdiction

attaches a property to the belonging to the litigant to compel him to appear despite no personal jurisdiction

American law system is what kinda of law system?

common

Personal jurisdiction is obtained by a court when an individual or a business is served with the _______

complaint

If a state court and federal court have jurisdiction over as case, it is referred to as

concurrent jurisdiction

________ and ________ contact with a state by the defendant may satisfy the minimum contact requirement

continuous; systematic

Voluntary personal jursidiction

court has personal jurisdiction if the nonresident party agrees to the jurisdiction

Country of origin concept

courts apply the law of the country to which the defendant's internet services are located

Primary parties involved in a lawsuit are...

defendant and plaintiff

Venue

determination of the most fair, or appropriate, court location of litigating

With regard to the number of justices on the Supreme Court, the U.S. Constitution...

does not specify a number

True or false: in order to ensure that a trial conducts in a lower court was fair, the appellate court will hear testimony of witnesses

false

True or false: the federal trial court system is referred to as the judiciary

false

If the U.S. is party is a dispute...

federal court has exclusive jurisidiction

Long arm statute

grants a court specific authority over the defendant due to the defendants conduct within that state

Courts explore whether it was reasonably foresseable that a defendant's actions would have a effect on a resident of the court's state

injurious effects test

Along the Zippo standard continuum an _______ website is evaluated on a case by case basis to determine of the website creates minimum contacts for defendant

interactive

Circuit split

involving conflicting opinions of courts regarding if min contacts should be analyzed

When a court review actions of other branches of the government

judicial review

Set of federal and state courts

judiciary

Factors that would be considered in choosing a forum include

juries, judges, appeals, costs, and time

court's legal authority to hear a case

jurisdiction

___________ and ________ are an important part of business planning for business managers and owners

jurisdiction and venue

State trial courts have either ______ authority to hear a case or ________ authority to hear a particular type of case

limited; general

In evaluating the fairness and due process requirement, courts ask if the defendant...

minimum contacts with the state purposefully availed himself of the privilege of conducting activities within the state

Trial de novo

new trial

state trial court decisions are binding...

only on the parties to the case

Court that is authorized to initially hear a case

original jurisdiction

In personam jurisdiction is the court's authority over _____

parties in a legal dispute

the appellant is also known as the ______ party

petitioning

Aggrieved party

plantiff

State courts do not create ______

precedent

Supreme Courts decide cases that...

present conflicting opinions among appellate circuit courts

federal judges are nominated by the _________, subject to confirmation by the ______

president, senate

In determining whether a trial was conducted in accordance with the legal rules and doctrines of that state, an appellate court will

read briefs, hear oral arguments, review transcripts of the lower courts

Country of reception approach increases...

risk to a businesses because one would need to have fundamental knowledge of the laws of each individual country to reduce the risk of noncompliance; apply the law of the country in which info is received

To remand a case means to...

send it back to the lower court for further action according for the instructions of the higher court

State trial courts can be referred to as

small-claim courts, justice of the peace, municipal courts

Federal trial courts within a certain state may rule on...

state law issues in diversity of citizenship causes

in order for a court to have jurisdiction, it must have both _______ and __________

subject matter and personal jurisdiction

Examples of specialized federal courts

tax, court of international trade, bankruptcy

Long arm statute will typically allow a court to obtain jurisdiction over a defendant when the defendant...

transacts business within the state's borders, owns property within the state, injures others

True or false: state appellate courts create precedent

true

determination of the most appropriate location to litigate a dispute

venue

discretionary order issued by the supreme court for granting a request to argue an appeal

writ of cetiorari