chapter 2 business law ppt – Flashcards
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2 major court systems in the us
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federal court system, The court systems of the 50 states and the District of Columbia
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the federal court system
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special federal courts, US supreme court, US court of appeals, us district courts
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special federal courts
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Federal courts that hear matters of specialized or limited jurisdiction They include: U.S. Tax Court U.S. Claims Court U.S. Court of International Trade U.S. Bankruptcy Court
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US district courts
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The federal court system's trial courts of general jurisdiction They are empowered to: Impanel juries Receive evidence Hear testimony Decide cases Most federal cases originate in federal district court
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US court of appeals
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The federal court system's intermediate appellate courts These courts hear appeals from the district courts located in their circuit Review the record of lower courts or administrative agency proceedings Determine if there has been any error that would warrant reversal or modification of the lower court decision
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US supreme court
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The Supreme Court was created by Article III of the U.S. Constitution The Supreme Court is the highest court in the land and is located in Washington, D.C. The Supreme Court hears appeals from: federal circuit courts of appeals federal district courts, under certain circumstances special federal courts the highest state courts. No new evidence or testimony is heard The lower court record is reviewed to determine whether there has been an error that warrants a reversal or modification of the decision The Supreme Court's decision is final The Supreme Court can issue the following types of decisions: Unanimous decision Majority decision Plurality decision Tie decision Justices may issue a concurring or dissenting opinion
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petition for certiorai
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A petition asking the Supreme Court to hear case.
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Writ of Certiorai
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the official notice that the supreme court will hear the case
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state court systems
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limtied jurisdiction trial courts, supreme court, intermediate appellate courts, general jurisdiction trial courts
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limited jurisdiction trial courts
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hear specialized matters that are limited... traffic, juvenile, justice of the peace, probate courts, family law and small claims
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jurisdiction of the state courts
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state courts hear any cases that federal courts do not have the jurisdiction to hear
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2 types of jurisdiction
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subject matter jurisdiction- court has authority to hear subject of the case personal jurisdiction- parties have some connection to the locale where court is situated
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exclusive federal jurisdiction
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admiralty, antitrust, bankruptcy, copyright, fed crimes, patents, suits against the US
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Concurrent jurisdiction
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diversity of citizenship questions, federal questions