Civil Litigation Quiz Chapter 2

Trial court

Court where the parties to a lawsuit file their pleadings and present evidence to a judge or jury. Also know as the lower courts

Jurisdiction

Power a court has to hear a particular case

Original Jurisdiction

Power of a court to conduct a trial in a case confers a court the right to be the first court to hear a matter.

Court of appeals

Court of review

Legal error

A mistake in the way the court interprets or applies the law

Appellate Jurisdiction

The power of a court to review the decision of a lower court or admin. agency. Also known as higher courts.

Affirm

An appellate court upholding of the lower courts decision

Reverse

The act of an appellate court setting aside the decision of a lower court

remand

The act of an appellate court sending a case back to the lower court after revising a decision often with specific instructions as to how the lower court must deal with the case.

The supreme court is also know as

The court of last resort

U.S. District courts

94 territories, bigger states are divided into subdivisions, each state has a federal one.

U.S. Court of appeals

12 geographic appellate circuits, there is a 13th federal court of appeals with national jurisdiction.

Certiorari

To request a hearing in the supreme court you must file a document called a petition for a writ of cert. The petition explains why the supreme court should consider your case.

Jurisdiction

The power of a court to hear a certain kind of case

Personal Jurisdiction

Power of a court to make a ruling affecting the parties before court

In Rem Jurisdiction

Authority of a court to hear a case based on the fact that property, which is the subject of a lawsuit is located within the state in which the court is situated

Quasi in rem jurisdiction

Authority of a court to hear a case based on the fact that the defendant owns property that is located within the state, even though that property is not subject of the lawsuit.

Subject matter jurisdiction

authority a court has to hear a particular type on case

Personal jurisdiction

The authority of a court to make a ruling affecting the parties before the court

What two factors are analyzed in determining which court has jurisdiction to hear a case?

1) the type of case or subject of the lawsuit

2) the residence of the defendant

Subject matter jurisdiction of the federal courts

1. Constitutional issues

2. case involving a treaty

3. case involving federal law, such as bankruptcy regulations, patent and copy rights, discrimination, or maritime issues.

4. the U.S. government is a plaintiff or defendant in the lawsuit

5. the plaintiff and defendant are not citizens of the same state.

Diversity of Citizenship

1. The plaintiff and defendant are not residant’s of the same state

2. if the case is a claim for money damages, must be more than $75,000

Choice of law

When a federal court exercises jurisdiction based on diversity of citizenship, the substantive law controlling the disputes is not found in federal law.

Exclusive jurisdiction

Authority of a court to hear a case belongs to one court system, either federal or state

Concurrent jurisdiction

authority of more than one court system to hear a case. (can exist between two or more states where a case belongs in a state court system.)

Removal

Transfer of a state court to a federal court where concurrent jurisdiction exist and the case was initially filed in a state court.

Supplemental jurisdiction

A federal courts right to decide a claim based on a nonfederal issue if this claim ends on the same set of facts as it doesn’t a federal claim in the case before the court.

General jurisdiction

Authority of a court to hear a cases that are not within the exclusive jurisdiction of a different court.

Limited jurisdiction

Authority to hear only certain kinds on cases.

Jurisdiction over plaintiff

plaintiff files so they have no right to complain about the power of a court.

Jurisdiction over defendant

Courts recognize two types of personal jurisdiction over a defendant general and specific.

Long arm statutes

A state law that defines the right of state courts to exercise jurisdiction over nonresident defendants.

General appearance

physical appearance or filing of docs. in the court without specifically limiting the purpose of the appearance, a gen appearance confers personal jurisdiction on the court on the party appealing.

Special appearance

an appearance for a limited purpose, often contesting jurisdiction.

Motion to quash service of summons

A request that the court declare that service of the complaint and summons is invalid either because the court lacks jurisdiction over the defendant or because of some procedural problem with the service itself.

Attachment

Seizing property pursuant to a court order and giving the court the right to make orders regarding deposition of the property.