Paralegal Today: Types of Courts

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Questions and Answers

What is the requirement for a party to have standing to sue?

They must represent a corporation.

They must have a financial stake only.

They must have a genuine, legally protected interest in the matter. (correct)

They must be a legal professional.

Which type of jurisdiction allows a court to hear a case based on the subject matter involved?

Appellate jurisdiction

Jurisdiction over persons

Subject matter jurisdiction (correct)

Jurisdiction over property

What is a characteristic of diversity jurisdiction?

It applies only to federal questions.

It involves parties from the same state.

It requires exclusive state jurisdiction.

It allows parties from different states to bring a lawsuit. (correct)

Which of the following are methods of alternative dispute resolution?

Mediation and arbitration Signup and view all the answers

Which element is NOT part of the jurisdiction in cyberspace?

Long arm statute Signup and view all the answers

What does original jurisdiction refer to?

The authority to hear cases for the first time Signup and view all the answers

What must a controversy involved in a legal case be in order for it to be justiciable?

Real and substantial Signup and view all the answers

Which of the following is a key factor in determining jurisdiction over a person?

Long arm statutes Signup and view all the answers

What is the most appropriate location for a trial?

In the geographic area where the lawsuit arose Signup and view all the answers

What may necessitate a change of venue for a trial?

Pretrial publicity affecting jury impartiality Signup and view all the answers

Which type of jurisdiction focuses on civil disputes and criminal prosecutions?

General jurisdiction Signup and view all the answers

What type of court is considered to have limited jurisdiction?

Municipal courts Signup and view all the answers

What is the role of appellate courts?

To review findings from the trial courts Signup and view all the answers

What procedural rules do federal civil courts follow?

Federal Rules of Civil Procedure Signup and view all the answers

What type of jurisdiction is concerned with the authority over a specific case or person?

Personal jurisdiction Signup and view all the answers

When are parties most likely to file an appeal?

If a reversible error was made by the trial court Signup and view all the answers

Study Notes

American Court System Structure

Paralegals must comprehend various court types in the U.S. legal system, including public courts and private dispute resolution mechanisms.
Alternative dispute resolution (ADR) methods require the assistance of attorneys and paralegals.

Standing to Sue

Requires a sufficient stake in a matter, with a legally protected, genuine interest.
Must demonstrate actual harm suffered.
Can sue for another person’s benefit in certain circumstances.
The controversy must be justiciable, meaning it must be real and substantial, not hypothetical.

Types of Jurisdiction

Jurisdiction is crucial for a court to hear a case and can include:
- Jurisdiction over persons through statutes like the long arm statute.
- Jurisdiction over property, typically when it is within the state.
- Jurisdiction over subject matter, determining the type of case a court can hear.
- Distinction between original jurisdiction (first instance) and appellate jurisdiction (review of lower court decisions).

Federal Court Jurisdiction

Jurisdiction in federal courts often involves federal questions and diversity jurisdiction.
Diversity jurisdiction requires parties from different states and an amount in controversy exceeding a statutory limit.
Courts can have exclusive (only one court can hear the case) or concurrent jurisdiction (multiple courts can hear the case).

Jurisdiction in Cyberspace

The "sliding-scale" standard allows jurisdiction based on online activities, including:
- Significant business operations carried out online.
- Interaction facilitated through a website.
- Passive advertising represents minimal interaction.
- Complexities arise with international jurisdiction.

Venue

Venue determines the proper geographic location for a trial, typically in the county where the lawsuit arises.
Pretrial publicity may necessitate a change of venue to ensure an impartial jury.

Judicial Procedures

Judicial procedures are governed by specific procedural rules, notably the Federal Rules of Civil Procedure.
Each federal court may have local rules, while state rules can vary significantly.
Procedures differ between civil and criminal cases, influencing case management and resolution.

State Court Systems

Trial courts are where cases are initially seen, allowing testimonies and holding trials:
- General jurisdiction courts handle a broad range of civil and criminal cases.
- Limited jurisdiction courts, such as small claims or municipal courts, manage specific types of disputes.

Appellate Courts

Appellate courts review appeals primarily focused on questions of law rather than questions of fact.
Parties typically appeal in cases where there has been a reversible error by trial courts.

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Description

This quiz covers the structure of the American court system as outlined in 'Paralegal Today: The Legal Team at Work'. It emphasizes the distinction between public courts and private dispute resolution mechanisms, and the vital role paralegals play in these processes. Understanding these concepts is essential for effective legal assistance.