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This set of flashcards covers key concepts related to the court system, jurisdiction, types of courts, and legal procedures.
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What is the judicial power defined by Article III, Section 2 of the U.S. Constitution?
The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties.
What landmark case established the principle of Judicial Review?
Marbury v. Madison
What are the two types of jurisdiction a court can have?
Personal jurisdiction and Subject Matter jurisdiction.
What is Personal Jurisdiction?
It refers to the court's authority over the parties in the case.
What is In Personam Jurisdiction?
The court's jurisdiction over state residents.
What are Long Arm Statutes used for?
They allow courts to exercise personal jurisdiction over out-of-state defendants who have sufficient minimum contacts with the state.
Can a court in Wyoming exercise jurisdiction over a defendant who lives in California and was involved in an accident while on vacation?
It depends on the defendant's minimum contacts with Wyoming.
What is Subject Matter Jurisdiction?
It refers to the limitations on the types of cases that a court can hear.
What is the difference between General Jurisdiction and Limited Jurisdiction?
General jurisdiction courts can hear a wide variety of cases, whereas limited jurisdiction courts are restricted by statute or constitution.
What defines Federal Jurisdiction?
Federal courts can hear cases involving a federal question or cases where the parties are citizens of different states and the amount in controversy exceeds $75,000.
What is Venue in legal terms?
Venue refers to the most appropriate location for a trial.
What are the three requirements for Standing?
Harm, Causation, and Remedy.
What are the two court systems in the United States?
State courts and Federal courts.
What is the role of Appellate Courts?
They review lower court decisions to determine if there were mistakes of law or improper handling of the case.
What cannot be claimed in an appellate court?
A mistake of fact or the introduction of new evidence.
What must happen for a trial to move forward?
A claim must be accepted by the court, or the defendant must respond to the claim.
What is Habeas Corpus?
It is a legal writ used to challenge unlawful detention or imprisonment.
Which court would a plaintiff use to sue for damages under $10,000?
A Small Claims Court.
Which court would be appropriate to sue a state for constitutional violations?
A federal court might be necessary depending on the issues.
In the case of a plaintiff from Washington suing a defendant from New York for $250,000, which court could be involved?
They could sue in a Federal Court due to diversity jurisdiction.