BLAW2080 Chapter 3 Test 1 with Correct Answers

BLAW2080 Chapter 3 Test 1 with Correct Answers Judicial Review - Answer-the process for determining whether the decisions made by the executive and legislative branches are constitutional Origins of of Judicial Review in the U.S. - Answer-The U.S. Supreme Court established this power in the 1803 case Marbury v. Madison Jurisdiction - Answer-- a court's authority to decide a case - the court must have jurisdiction over the person the suit is brought against or the property involved General Jurisdiction - Answer-unlimited as to the types of dispute they can hear In Rem jurisdiction - Answer-the court's control over an object Long Arm Statutes - Answer-the court can exercise jurisdiction over out-of-state defendants if they had sufficient minimum contacts or warrants In Personam jurisdiction - Answer-the control of a person or corporation by the court within its geographical area Limited Jurisdiction - Answer-specific to their area of expertise, such as bankruptcy or probate court Original Jurisdiction - Answer-the trial court where the dispute takes place Appellate Jurisdiction - Answer-reviews the trial court's decision for legal errors Federal Courts has jurisdiction in two situations: - Answer-- there is question involving a federal law, treaty, of the U.S. Constitution - diversity of citizenship Questions to determine jurisdiction: - Answer-1) Does case involve violation of federal statute? 2) Does case involve citizens of different states? Is defendant a citizen of a different State than plaintiff? If NO to both 1) and 2) then = State court If YES to 1) federal statute = Federal court If YES to 2) citizens of different states - must answer next question 3) Is the amount in controversy over $75,000? If YES to 2) and 3), plaintiff may file lawsuit in federal court Basic Judicial Requirements - Answer-- exclusive and concurrent jurisdiciton Concurrent Jurisdiction - Answer-when both the state and federal courts have jurisdiction to hear a case Exclusive Jurisdiction - Answer-when only state or federal court can hear the case U.S. Courts of Appeal - Answer-- review decisions of trial courts - review decisions of administrative agencies and commissions - issue order to lower courts and litigants Jurisdiction in Cyberspace - Answer-- a "sliding scale" is used to determine if courts have jurisdiction over defendants in internet cases Venue - Answer-- the physical location of the trial - usually the same jurisdiction as where the incident occurred Standing to Sue - Answer-- the party is bringing suit suffered a harm - it must be a justiciable controversy, meaning an actual claim and not a hypothetical one Trial Courts - Answer-- small claims courts are informal, inferior civil courts with limited amounts in controversy - trial courts that have general jurisdiction may be called county, district, superior, or circuit courts State Trial Courts - Answer-court of general or limited jurisdiction State Appellate Courts - Answer-consists of a panel of three judges that reviews trial court rulings for harmful errors of law and/or procedure - judges are elected State Supreme Court - Answer-Like U.S. Supreme Court -- can choose what cases to hear Appellate Courts - Answer-- every state has at least one court of appeals, which may be an intermediate appellate court or the state's highest court - deal with questions of law - whether the law was followed correctly at the trial court level - decisions of each state's highest court are final issues of state law The Federal Court System - Answer-- U.S. District Courts - trial courts - U.S. Courts of Appeal - intermediate appeal courts - the United States Supreme Court - the highest court in the U.S. Pleadings - Answer-statements detailing the facts, charges, and defenses in a case Motion for Judgement on the Pleadings - Answer-a request to decide the issue solely on the pleadings without a trial -- the motion will be granted only if no facts are in dispute Motion for Summary Judgement - Answer-a request to enter a judgement without a trial -- motion can be caused based on evidence outside the pleadings and will be granted only if no facts are in dispute