BLAW chapter 3 – Flashcards
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The judiciary has two primary roles:
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1. courts adjudicate disputes. 2. certain higher courts are charged with the responsibility of judicial review.
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Structure of the Judiciary
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1. State Courts 2. Federal courts
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State Courts
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The majority of court cases filed in the United States are filed in state courts. State Supreme Court Court of Appeals Circuit (general authority) Family Probate Magistrate Municipal
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Federal Courts
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-The principal trial courts are the U.S. district courts. (U.S. Supreme Court (DC) Supreme arbiter of the law Circuits; complex; political)
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Federal appellate courts
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U.S. courts of appeal
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U.S. Supreme Court
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ultimate arbiter of federal law.
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Civil Trials
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Plaintiff vs Defendant Rules of Civil Procedure Contracts, Property, PI, Discrimination, etc.
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Criminal Trials
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State vs Defendant Rules of Criminal Procedure The US Attorney for the District of South Carolina represents the United States in civil and criminal litigation in the 4th Circuit
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Jurisdiction
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Jurisdiction is a court's authority to decide a particular case based on: 1. who the parties are (personal jurisdiction). 2. the subject matter of the dispute (subject matter jurisdiction)
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Subject Matter Jurisdiction
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For Federal Courts Authority over the dispute between the parties is based on: Federal question (US Const., statute or federal common law) OR Diversity of citizenship: Parties from two different states AND Amount in controversy more than $75,000
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Personal Jurisdiction
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In-state vs. Out-of-state defendants In-state: If business or individual resides in the state and is served with a complaint
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State long-arm statute
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Personal Jurisdiction: Out of State Defendant- (because of defendant's conduct in the state by: Transacting business in the state Committing negligent or foreseeably injurious intentional act in the state Owning property in the state Must meet FAIRNESS AND DUE PROCESS:
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Venue
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Venue is the legal concept that defines the most appropriate location for the trial within a jurisdiction. Typically, state statutes provide that venue in a civil case is where the defendant resides or is headquartered. In a criminal case the venue is ordinarily where the crime is committed (unless high profile).
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Jurisdiction with Internet Business
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Businesses' regular email communication submits them to jurisdiction in the state Sliding scale to judge minimum contacts determines jurisdiction, from merely having a website to regularly shipping products into that state International transactions are more difficult and jurisdiction should be determined by contract
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false
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a court may hear a case if it has jurisdiction over either the subject matter of the dispute or the parties in the case
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true
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if a state appellate court renders a decision on a new issue, the state decision will become precedent for any federal court decisions when the federal court is located within the state and the decided issue is one of state law
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false
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if Nevada sues the federal government over the constitutionality of a new federal statue. because the united states is a party, the suit may be brought either in the state's highest court or in federal court
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false
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when a US company conducts business with a foreign company online, US law will automatically apple to the transaction should there be a dispute
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true
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a business entity considered a person in terms of assessing personal jurisdiction
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U.S. district court
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the principal federal trial court is the ___
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forum selection clause
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an Oregon corporation and a New Hampshire corporation have entered into a contract and agreed that any legal disputes will be conducted using NH law. this agreement is called___
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the US supreme court
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the ultimate arbiter of federal law is
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nominated by the president and subject to senate confirmation
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federal court judges are____
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and a controversy of $75,000
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diversity jurisdiction requires citizens of two different states and ___
