Questions and Answers
What is litigation?
What does alternative dispute resolution refer to?
Any other formal or informal process used to settle disputes without resorting to a trial.
What do trial courts determine?
The facts of a particular dispute and apply the law given by earlier appellate court decisions.
What does jurisdiction refer to?
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What is subject matter jurisdiction?
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What are trial courts of limited jurisdiction?
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What characterizes trial courts of general jurisdiction?
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What is the most important court in the trial courts of general jurisdiction?
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What is personal jurisdiction?
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What are the grounds for personal jurisdiction?
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How many judges typically hear cases in appellate courts?
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What do appellate courts generally accept?
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Who is the appellant?
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What is the appellee?
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What allows both sides in appellate courts to submit written arguments on a case?
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What does 'affirmed' mean in legal terms?
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What does 'eversed' refer to?
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What establishes the limitations on the types of cases federal courts can hear?
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What are the two kinds of civil lawsuits permitted in federal court?
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What characterizes a federal question case?
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When do federal courts have diversity jurisdiction?
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What is the primary trial court in the federal system?
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How many districts is the nation divided into?
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Who nominates all federal court judges?
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Who confirms the president's judge nominees?
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How many circuits of intermediate courts of appeals are there?
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Where do most suits about federal statutes begin?
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What is the highest court in the country?
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How many justices are on the Supreme Court?
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What makes up the justices on the Supreme Court?
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What is a writ of certiorari?
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What is an example of when a writ of certiorari may be filed?
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How many justices must vote in favor of hearing a case before a writ will be granted?
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What is a complaint?
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What is the purpose of the complaint?
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Study Notes
Key Legal Terms and Their Definitions
- Litigation: Process of filing claims in court, potentially resulting in a trial.
- Alternative Dispute Resolution (ADR): Formal or informal methods for settling disputes without a trial.
- Trial Courts: Courts that establish facts of a dispute and apply relevant law from earlier appellate decisions.
- Jurisdiction: A court's power to hear and decide a case.
- Subject Matter Jurisdiction: Authority of a court to hear a specific type of case.
- Trial Courts of Limited Jurisdiction: Courts restricted to hearing certain types of cases.
- Trial Courts of General Jurisdiction: Courts that can hear a broad range of cases, including virtually any civil lawsuit.
Personal Jurisdiction
- Personal Jurisdiction: Legal authority to mandate a defendant to stand trial or pay judgments.
- Conditions for Personal Jurisdiction:
- Defendant is a resident of the state where the lawsuit is filed.
- Defendant actively participates in the lawsuit.
- Long-arm statute applicability allows courts to reach out-of-state defendants.
Appellate Courts
- Judges in Appellate Courts: Cases are typically heard by three or more judges together.
- Appeals Courts: Review facts established by trial courts to check if legal errors occurred.
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Appellant and Appellee:
- Appellant: Party filing the appeal.
- Appellee: Party opposing the appeal, usually the winner at trial.
- Written Arguments: Both parties submit briefs outlining their legal arguments.
Court Outcomes
- Affirmed: When a court ruling is upheld and permitted to stand.
- Eversed: When a court ruling is nullified and overturned.
Federal Court System
- Establishment: Federal courts operate under authority granted by the U.S. Constitution.
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Types of Civil Lawsuits in Federal Courts:
- Federal question cases: Involving U.S. laws or treaties.
- Diversity cases: Involving parties from different states and exceeding $75,000 in dispute.
Federal Trial Courts
- Primary Trial Court: United States District Court.
- Number of Districts: The nation is divided into 94 federal judicial districts.
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Judge Nomination and Confirmation:
- Nominated by the President of the United States.
- Confirmed by the Senate.
Appellate Circuits and Supreme Court
- Circuits of Intermediate Courts of Appeals: There are 11 circuits.
- U.S. Supreme Court: The highest court in the United States with nine justices, including one chief justice.
- Writ of Certiorari: A petition for the Supreme Court to review a lower court's decision, requiring approval from four justices to move forward.
Legal Process and Initial Filings
- Complaint: Initial document outlining the facts and legal claims of the plaintiff.
- Purpose of the Complaint: To inform the defendant of the nature of the claims and the need to respond.
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Test your legal vocabulary with these flashcards from Chapter 6. Each card provides a definition of key legal terms like litigation and alternative dispute resolution. Perfect for law students or anyone interested in understanding legal processes.