LGS 200 Chapter 3

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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


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