Question 1

Court

Accepted Answer

a body of government organized to
administer justice

Question 2

Two court systems

Accepted Answer

federal and state

Question 3

Federal court system

Accepted Answer

established by Article III
of U.S. Constitution.
– U.S. district courts
– U.S. courts of appeals
– U.S. Supreme Court

Question 4

Federal questions

Accepted Answer

matters involving U.S.
Constitution, acts of Congress, or treason.

Question 5

Diversity of citizenship

Accepted Answer

cases between
persons from different states, U.S. citizens and
a foreign government, or between U.S. and
foreign citizens.

Question 6

Admiralty or maritime

Accepted Answer

issues (pertaining to
sea).

Question 7

federal courts hear cases involving what

Accepted Answer

Federal questions, Diversity of citizenship,Admiralty or maritime issues,Bankruptcy, patent, and copyright.

Question 8

U.S. district courts (also called federal district
courts)

Accepted Answer

hear most federal cases originally
(before appeal).
– Each state and District of Columbia has at least
one district court within its boundaries.

Question 9

U.S. Courts of Appeals

Accepted Answer

hear cases that have
been appealed from federal district courts.
– Most cases decided by group of three judges.
– Each U.S. judicial circuit has several district
courts, but only one court of appeals

Question 10

U.S. Supreme Court

Accepted Answer

highest court in the land.
• Hears appeals from U.S. appellate courts and
highest state courts when federal questions are
involved. Four out of nine justices must agree to hear
case.

Question 11

Writ of certiorari

Accepted Answer

An order from a higher court to a  lower court to
deliver  its records to the higher court for review.

Question 12

cert. den. (certiorari denied)

Accepted Answer

When court refuses to hear a case, is marked on the record

Question 13

State courts

Accepted Answer

each state has its own structure
separate from executive and legislative branches.
Three categories:
– Trial courts
– Intermediate appellate courts
– Supreme Court

Question 14

Superior courts, circuit courts, or courts of
common pleas

Accepted Answer

In each county, courts hear major criminal and civil cases, both jury and non-jury, involving activity within the state.  there are lesser courts  district or municipal, juvenile, traffic, housing, and land) and special courts.

Question 15

Courts of appeal or appellate courts

Accepted Answer

review decisions of lower courts

Question 16

Appeal

Accepted Answer

request by either party for review of
lower court’s decision) must be taken and heard
by three-judge appellate panel before going to
the state’s supreme court.

Question 17

State supreme court

Accepted Answer

court of last resort that hear appeals of parties aggrieved by lower court decisions. State court cases cases raising a U.S.
constitutional or federal question may be
appealed to U.S. Supreme Court.

Question 18

Jurisdiction

Accepted Answer

power or authority of court to hear a case.  Its is is determined by type of lawsuit (who/what it is directed against)

Question 19

Original jurisdiction

Accepted Answer

power to hear the case when it first goes to court.

Question 20

Appellate jurisdiction

Accepted Answer

power to hear a case when it is appealed

Question 21

Exclusive jurisdiction

Accepted Answer

power to hear case to the exclusion of all other courts.

Question 22

Concurrent jurisdiction

Accepted Answer

two or more courts have power to hear case.

Question 23

forum non conveniens

Accepted Answer

Doctrine of  court with concurrent jurisdiction may refuse to hear case when it feels justice would be better served in a different court

Question 24

In rem action

Accepted Answer

directed against property,
usually a local action.

Question 25

res

Accepted Answer

the property; the thing

Question 26

local action

Accepted Answer

concerning title to real property. a lawsuit that can occur only in one place.

Question 27

Quasi in rem action

Accepted Answer

defendant owns real property in one state and lives in another  Court where property is located has jurisdiction
over the property, not the person.
– Recovery is limited to value of property in state
if defendant fails to appear

Question 28

In personam (personal) action

Accepted Answer

a lawsuit in which the court has jurisdiction over the person.

Question 29

Long arm statutes

Accepted Answer

courts may obtain jurisdiction over defendants in another state
where defendants do business.

Question 30

Plenary jurisdiction

Accepted Answer

complete jurisdiction
over plaintiff, defendant, and subject matter.

Question 31

Transitory action

Accepted Answer

does not concern land and
may be brought in more than one place as long as
court has proper jurisdiction.

Question 32

Venue

Accepted Answer

place where trial is held (geographic
location where the action should be tried)

Question 33

change of venue

Accepted Answer

Courts have power to order this, it is the (removal of suit to another court with jurisdiction) for the sake of justice.

Question 34

Alternative Dispute Resolution

Accepted Answer

using means
other than trial to resolve civil disputes.

Question 35

Negotiation

Accepted Answer

two party process where sides
bargain with each other until one side agrees to
the other side’s offer.
• No attorney is needed and written agreement
terms often remain private.

Question 36

Mediation (also called conciliation)

Accepted Answer

informal
process where neutral third party (mediator or
conciliator) listens to both sides and assists
parties to compromise and settle.

Question 37

mediator or
conciliator

Accepted Answer

listens to both sides and assists
parties to compromise and settle.

Question 38

Caucus

Accepted Answer

each side’s private session where a
mediator asks questions to learn what is behind
each side’s demands.

Question 39

Arbitration

Accepted Answer

neutral third party (arbitrator)
makes a decision after hearing both sides.

Question 40

arbitrator

Accepted Answer

neutral third party makes a decision after hearing both sides.

Question 41

Binding arbitration

Accepted Answer

parties agree in advance
to follow arbitrator’s decision.

Question 42

Nonbinding arbitration

Accepted Answer

arbitrator’s decision
is a recommendation.

Question 43

Compulsory or mandatory arbitration

Accepted Answer

required by law or agreement.

Question 44

Mini Trial

Accepted Answer

an informal trial run by a private
organization where parties agree to be bound by
decision.

Question 45

In personam jurisdiction

Accepted Answer

jurisdiction  over the person

Question 46

code

Accepted Answer

a systematic collection of statutes, administrative regulations, and other laws.

Question 47

appeal

Accepted Answer

a request to a higher court to review the decision of a lower court.

Question 48

circuits

Accepted Answer

name given to the division of the federal court system. There are 13 circuits in the federal system.

Question 49

justice

Accepted Answer

the title of an appellate court judge.

Question 50

ordinance

Accepted Answer

law passed by a local or municipal legislative bodies, such as a city council.

Chapter 1 Key Terms

Court Systems and Jurisdiction Key Terms

Term	Definition
Court	a body of government organized to administer justice
Two court systems	federal and state
Federal court system	established by Article III of U.S. Constitution. – U.S. district courts – U.S. courts of appeals – U.S. Supreme Court
Federal questions	matters involving U.S. Constitution, acts of Congress, or treason.
Diversity of citizenship	cases between persons from different states, U.S. citizens and a foreign government, or between U.S. and foreign citizens.
Admiralty or maritime	issues (pertaining to sea).
federal courts hear cases involving what	Federal questions, Diversity of citizenship,Admiralty or maritime issues,Bankruptcy, patent, and copyright.
U.S. district courts (also called federal district courts)	hear most federal cases originally (before appeal). – Each state and District of Columbia has at least one district court within its boundaries.
U.S. Courts of Appeals	hear cases that have been appealed from federal district courts. – Most cases decided by group of three judges. – Each U.S. judicial circuit has several district courts, but only one court of appeals
U.S. Supreme Court	highest court in the land. • Hears appeals from U.S. appellate courts and highest state courts when federal questions are involved. Four out of nine justices must agree to hear case.
Writ of certiorari	An order from a higher court to a lower court to deliver its records to the higher court for review.
cert. den. (certiorari denied)	When court refuses to hear a case, is marked on the record
State courts	each state has its own structure separate from executive and legislative branches. Three categories: – Trial courts – Intermediate appellate courts – Supreme Court
Superior courts, circuit courts, or courts of common pleas	In each county, courts hear major criminal and civil cases, both jury and non-jury, involving activity within the state. there are lesser courts district or municipal, juvenile, traffic, housing, and land) and special courts.
Courts of appeal or appellate courts	review decisions of lower courts
Appeal	request by either party for review of lower court’s decision) must be taken and heard by three-judge appellate panel before going to the state’s supreme court.
State supreme court	court of last resort that hear appeals of parties aggrieved by lower court decisions. State court cases cases raising a U.S. constitutional or federal question may be appealed to U.S. Supreme Court.
Jurisdiction	power or authority of court to hear a case. Its is is determined by type of lawsuit (who/what it is directed against)
Original jurisdiction	power to hear the case when it first goes to court.
Appellate jurisdiction	power to hear a case when it is appealed
Exclusive jurisdiction	power to hear case to the exclusion of all other courts.
Concurrent jurisdiction	two or more courts have power to hear case.
forum non conveniens	Doctrine of court with concurrent jurisdiction may refuse to hear case when it feels justice would be better served in a different court
In rem action	directed against property, usually a local action.
res	the property; the thing
local action	concerning title to real property. a lawsuit that can occur only in one place.
Quasi in rem action	defendant owns real property in one state and lives in another Court where property is located has jurisdiction over the property, not the person. – Recovery is limited to value of property in state if defendant fails to appear
In personam (personal) action	a lawsuit in which the court has jurisdiction over the person.
Long arm statutes	courts may obtain jurisdiction over defendants in another state where defendants do business.
Plenary jurisdiction	complete jurisdiction over plaintiff, defendant, and subject matter.
Transitory action	does not concern land and may be brought in more than one place as long as court has proper jurisdiction.
Venue	place where trial is held (geographic location where the action should be tried)
change of venue	Courts have power to order this, it is the (removal of suit to another court with jurisdiction) for the sake of justice.
Alternative Dispute Resolution	using means other than trial to resolve civil disputes.
Negotiation	two party process where sides bargain with each other until one side agrees to the other side’s offer. • No attorney is needed and written agreement terms often remain private.
Mediation (also called conciliation)	informal process where neutral third party (mediator or conciliator) listens to both sides and assists parties to compromise and settle.
mediator or conciliator	listens to both sides and assists parties to compromise and settle.
Caucus	each side’s private session where a mediator asks questions to learn what is behind each side’s demands.
Arbitration	neutral third party (arbitrator) makes a decision after hearing both sides.
arbitrator	neutral third party makes a decision after hearing both sides.
Binding arbitration	parties agree in advance to follow arbitrator’s decision.
Nonbinding arbitration	arbitrator’s decision is a recommendation.
Compulsory or mandatory arbitration	required by law or agreement.
Mini Trial	an informal trial run by a private organization where parties agree to be bound by decision.
In personam jurisdiction	jurisdiction over the person
code	a systematic collection of statutes, administrative regulations, and other laws.
appeal	a request to a higher court to review the decision of a lower court.
circuits	name given to the division of the federal court system. There are 13 circuits in the federal system.
justice	the title of an appellate court judge.
ordinance	law passed by a local or municipal legislative bodies, such as a city council.

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