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Court System
BUL 3103 Chapter 2
| Term | Definition |
|---|---|
| Judicial Review | Judiciary branch determining whether the laws or actions of the other two branches are constitutional. |
| In personam jurisdiction | (personal jurisdiction) over over any person or business that resides in a specific geographic area. |
| In rem jurisdiction | jurisdiction over property located within its boundaries. |
| Long arm statute | under state authority, a court can exercise personal jusridiction over out of state based on activities that took place within the state. *Defendant must have sufficient contacts |
| general jurisdiction | (unlimited court) can decide cases involving a broad array of issues ex)state trial court andfederal district court |
| Probate Courts | State courts that handle only matters relating to the transfer of a person's assets and obligations after a person's death. (limited jurisdiction) |
| Federal question | A question the pertains to the US constitution, acts of Congress, or treaties. Provides basis for federal jurisdiction. |
| Diversity of citizenship | Applies whenever a federal court has jurisdiction over a case that does not involve a question of federal law. |
| Diversity of Citizenship Requirements | 1)The plaintiff and defendant must be residents of different states. 2)The dollar amount in controversy must be over $75,000. |
| Concurrent Jurisdiction | When both federal and state courts have power to hear a case. (as in suits involving diversity of citizenship) |
| Exclusive Jurisdiction | When cases can be tried only in federal courts or only in the state courts. |
| Venue | The appropriate location for the trial |
| Small claims court | Inferior trial courts that hear only civil cases involving claims of less than a certain amount, such as $5,000 |
| 3 tiers of the Federal Court System | 1)U.S. District courts (of general jurisdiction)and various courts of limited jurisdiction. 2)U.S. Court of Appeals 3)United States Supreme Court 2) |
| Rule of four | Four out of the nine justices have to approve a writ. |
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