Chapter 3: The American Judicial System, Jurisdiction, and Venue

Vocabulary flashcards covering the American judicial system, state and federal court structures, subject matter and personal jurisdiction, venue, and key legal concepts from Chapter 3.

Judiciary

A set of federal and state courts collectively forming the American legal system that adjudicates cases and exercises judicial review.

Judicial Review

The power of a court to review decisions of lower courts or actions of other government branches to determine compliance with existing law and the Constitution.

Plaintiff

The aggrieved party who initiates a civil action or lawsuit in a trial court against an alleged wrongdoer.

Defendant

The alleged wrongdoer against whom a lawsuit or civil action is initiated by the plaintiff.

Inferior Trial Courts

Local courts such as municipal, small-claims, or justice-of-the-peace courts that handle minor matters and claims with relatively low dollar values, typically less than $\$10,000$.

Trial de Novo

A form of appeal from an inferior trial court in which the appellate court conducts an entirely new trial as if the original trial had never occurred.

Courts of Record

Courts, such as state trial courts, where a court stenographer attends proceedings and creates a permanent written transcript.

Civil Cases

Court cases in which one party seeks a legal remedy, such as an award of money damages, for a private wrong committed by another party.

Criminal Cases

Court cases in which an accused party is charged by the government with committing a crime.

Appellant

The petitioning party who requests an appeal of a lower court's ruling.

Briefs

Written documents prepared by attorneys for each side in an appeal, articulating legal reasons why their client should prevail.

Oral Argument

A proceeding in an appellate court where attorneys appear before a panel of judges for a live question-and-answer session on legal issues.

Remand

An appellate court action sending a case back to the lower court from which it came for further action consistent with the higher court's opinion and instructions.

State Supreme Court

The highest appellate court in a state, whose decisions on state law issues are final and binding on all courts within that state.

U.S. District Courts

The principal trial courts in the federal judicial system, handling cases involving federal issues or diversity of citizenship exceeding $\$75,000$.

U.S. Courts of Appeal

The $13$ federal appellate courts that review decisions from federal district courts within their respective circuits and establish binding precedent for those states.

Map of the U.S. Circuits

A geographical mapping dividing the United States into federal appellate circuits, each served by a U.S. Court of Appeals.

U.S. Supreme Court

The ultimate arbiter of federal law, possessing limited original jurisdiction and discretionary appellate jurisdiction over federal issues.

Writ of Certiorari

A discretionary order issued by the U.S. Supreme Court granting a party's request to argue an appeal.

Circuit Split

A conflict occurring when different federal circuit courts of appeal issue conflicting opinions on the same legal issue.

Jurisdiction

A court's legal authority to hear a dispute, speak the law, and render a decision based on the parties and subject matter.

Venue

The determination of the most appropriate legal location for litigating a dispute.

Subject Matter Jurisdiction

A court's authority over the specific dispute or subject matter involved in a case.

Personal Jurisdiction

A court's authority over the specific parties involved in a legal dispute, also known as in personam jurisdiction.

Diversity of Citizenship

A basis for federal subject matter jurisdiction where parties are from different states or a foreign country, and the amount in controversy exceeds $\$75,000$.

Original Jurisdiction

The legal authority of a court to initially hear and decide a case.

Concurrent Jurisdiction

A situation where more than one court has subject matter jurisdiction to hear and decide the same case.

Litigant

A generic legal term used to describe any party involved in a lawsuit.

In Rem Jurisdiction

A court's authority over a lawsuit based on real estate or property located within its jurisdictional boundaries.

Quasi In Rem Jurisdiction

Jurisdiction obtained when a court attaches a litigant's property to compel an appearance, despite lacking personal jurisdiction over the party.

Long-Arm Statute

A state statute authorizing a court to exercise personal jurisdiction over an out-of-state defendant based on specific conduct, business transactions, or property ownership within that state.

Minimum Contacts Test

A legal standard used to assess whether an out-of-state defendant has sufficient ties to a state to satisfy constitutional due process and fairness requirements.

Effects Test

A personal jurisdiction standard derived from Calder v. Jones applied when an out-of-state defendant commits an intentional act reasonably foreseeable to cause injury in the forum state.

Defamation

An intentional act of making an untrue public statement about a party that causes loss or harm to the defamed party.

Forum Selection Clause

A contractual provision where parties agree in advance to litigate any dispute arising from the contract in a designated court.

Zippo Sliding-Scale Test

A three-tiered framework used to establish personal jurisdiction over an out-of-state Internet defendant based on website interactivity.

Country of Origin Principle

An international jurisdictional rule applying the law of the country where the defendant's server infrastructure is physically located.

Country of Reception Approach

An international jurisdictional approach where courts apply the law of the country where online content or information is received by the user.