LEOB ch 3
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1
What is adjudication?
The process courts use to settle cases and controversies.
2
What are the two levels of courts in the U.S.?
State courts and federal courts.
3
What is jurisdiction?
The legal authority of a court to hear a case.
4
What is the judiciary?
The system of state and federal courts.
5
Who is the plaintiff in a lawsuit?
The aggrieved party in a lawsuit.
6
Who are the primary parties in a lawsuit?
The plaintiff and the defendant.
7
What are the two types of state courts?
Trial courts and appellate courts.
8
What is adjudicating a dispute?
Applying rules of law and principles of equity to resolve a dispute.
9
What is a trial court?
A court that adjudicates disputes by hearing arguments, questioning witnesses, and reviewing evidence.
10
What is an appellate court?
A court that reviews trial court decisions and sets precedent.
11
What is venue?
The most appropriate location to litigate a dispute.
12
What is a court of general authority?
A court that hears many types of cases, such as criminal cases or breach of contract.
13
What is a court of limited authority?
A court that handles specific types of cases, such as family law or probate issues.
14
What is personal jurisdiction?
A court’s authority over the parties in a case.
15
What is subject matter jurisdiction?
A court’s authority over the issue in a case.
16
What is exclusive jurisdiction?
Jurisdiction only federal courts have, such as U.S. government litigation or bankruptcy cases.
17
What is original jurisdiction?
A court's authority to initially hear a case.
18
What is concurrent jurisdiction?
Jurisdiction shared between courts.
19
What is in rem jurisdiction?
Jurisdiction to determine title to property or real estate.
20
What is quasi in rem jurisdiction?
Jurisdiction where property is used to compel a litigant to appear in court.
21
What is in personam jurisdiction?
Jurisdiction over a person based on consent or presence.
22
How is personal jurisdiction obtained over in-state defendants?
Through the service of the complaint.
23
What is a long-arm statute?
A statute allowing jurisdiction over non-residents based on their conduct in the state.
24
What must courts ensure when applying a long-arm statute?
That exercising jurisdiction meets fairness and due process requirements.
25
What is the minimum contacts requirement?
The defendant must have sufficient connection with the state for jurisdiction to be fair.
26
What is the injurious effects test?
It evaluates whether a defendant's actions foreseeably caused harm in the state.
27
What are trial courts?
Courts that adjudicate disputes and do not set precedent.
28
What do appellate courts do?
They review trial court decisions, set precedent, and determine if trials followed legal rules.
29
What is the U.S. Supreme Court?
The ultimate arbiter of federal law.
30
How many justices must vote to hear a case in the Supreme Court?
At least four out of nine justices.
31
What is a writ of certiorari?
A petition filed to request an appeal to the Supreme Court.
32
What is remand?
When an appellate court sends a case back to the lower court for further action.
33
What are U.S. district courts?
The principal federal trial courts.
34
How are federal judges selected?
By nomination by the President and confirmation by the Senate.
35
What is the Zippo continuum?
A test for jurisdiction in online cases based on website activity levels.
36
What is a federal question?
A case involving federal common law, a federal statute, regulation, or constitutional issue.
37
What is diversity of citizenship?
Federal court jurisdiction over parties from different states with an amount in controversy over \$75,000.
38
What is the country of origin standard?
It applies the law of the country where a defendant’s servers are located.
39
What is the country of reception standard?
It applies the law of the country where the content is accessed.
40
What is the ultimate arbiter of federal law?
The U.S. Supreme Court.
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