Study sets matching "jurisdiction of state and federal courts"

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Study sets matching "jurisdiction of state and federal courts"

Evolution and Jurisdiction of federal courts
National Supremacy and Slavery (1787-1…
Government and Economy (1865-1937)
protection of civil liberties (1937-pr…
Federal district courts
-Great issue up until civil war was nation-state relationship…
-main issue was extent to which economy could be regulated by…
-after 1936 government is no longer a threat to economy regul…
-one in each of 94 districts... -only have original jurisdiction…
National Supremacy and Slavery (1787-1…
-Great issue up until civil war was nation-state relationship…
Government and Economy (1865-1937)
-main issue was extent to which economy could be regulated by…
5 terms
Jurisdiction of Federal Courts
Jurisdiction
Original Jurisdiction
Appellate Jurisdiction
Federal courts have jurisdiction to he…
Authority to hear a case
Right to hear a case first
Cases appealed from lower courts
Federal law, interpretation of the Constitution, interstate c…
Jurisdiction
Authority to hear a case
Original Jurisdiction
Right to hear a case first
Structure of Jurisdiction of Federal Courts
How many justices does the US Supreme…
How many judges does the Court of Appe…
How many judges does the District Cour…
Which court has a jury?
9
3
1
district court
How many justices does the US Supreme…
9
How many judges does the Court of Appe…
3
Jurisdiction of Supreme and Federal Courts
What types of cases do state courts ha…
Jurisdiction
How much jurisdiction do federal court…
What does jurisdiction depend on in a…
Criminal and Civil cases
The official power to make legal decisions and judgements
Little
Who = Party... What = What kind of law is involved in this juris…
What types of cases do state courts ha…
Criminal and Civil cases
Jurisdiction
The official power to make legal decisions and judgements
Jurisdiction of federal courts
What types of cases can federal courts…
Over what types of cases does the Supr…
Over what types of cases does the Supr…
What is the primary purpose of the fed…
violations of the Constitution or federal law, crimes on fede…
all cases affecting ambassadors, other public ministers and c…
- Controversies between two or more states... - between two citi…
94 district courts, created to handle the majority of the fed…
What types of cases can federal courts…
violations of the Constitution or federal law, crimes on fede…
Over what types of cases does the Supr…
all cases affecting ambassadors, other public ministers and c…
Rucker the Jurisdiction of the Federal Courts
The Supreme Court has only appellate j…
If Butch Johnson is arrested for count…
U.S. district courts are the only fede…
U.S. courts of appeals have no origina…
False
False
True
True
The Supreme Court has only appellate j…
False
If Butch Johnson is arrested for count…
False
8 kinds of cases that federal and state courts have "exclusive" jurisdiction
Cases involving the constitution
Violations of federal law (kidnapping,…
Disagreements between states
Disagreements between people from diff…
1
2
3
4
Cases involving the constitution
1
Violations of federal law (kidnapping,…
2
Jurisdiction of the Federal Courts
Is jurisdiction of the Federal courts…
when does a federal question arise?
Federal Question
diversity of citizenship
yes
whenever a plaintiffs cause of action is based at least in pa…
a question that pertains to the U.S. constitution, an act of…
a basis for federal court jurisdiction over a lawsuit between…
Is jurisdiction of the Federal courts…
yes
when does a federal question arise?
whenever a plaintiffs cause of action is based at least in pa…
Federal court jurisdiction
Constitution
Federal Law
Maritime laws
Disputes involving the US government
person believes freedoms have been violated
A person violates a federal law like kidnapping
Anything that has to do with the sea outside of our waters
You can sue the government if a government vehicle is the cause
Constitution
person believes freedoms have been violated
Federal Law
A person violates a federal law like kidnapping
8 terms
Jurisdiction: Federal District Courts
Original Jurisdiction
5
violation of federal law
citizen of 1 state vs. citizen of 1 st…
The authority to hear cases for the first time
How many types of cases does the Original Jurisdiction have?
1st case of OJ
2nd case of OJ
Original Jurisdiction
The authority to hear cases for the first time
5
How many types of cases does the Original Jurisdiction have?
Federal Court Jurisdiction
Two Ways to Get Case in Federal Court…
Federal Question
Diversity Of Citizenship
Venue
-federal question... -diversity of citizenship
-federal law involved... -US constitution issue
-a case where plaintiff and defendant are from different stat…
-place, location
Two Ways to Get Case in Federal Court…
-federal question... -diversity of citizenship
Federal Question
-federal law involved... -US constitution issue
12 terms
Federal Court Jurisdiction
Federal Court Jurisdiction are
constitutional courts
jurisdiction
constitutional gives federal courts ju…
the first ones to hear the case
-hear most of the cases tried in federal courts... -those courts…
authority of a court to hear; try and decide; "to say the law"
1. subject matter... 2. parties involved
Federal Court Jurisdiction are
the first ones to hear the case
constitutional courts
-hear most of the cases tried in federal courts... -those courts…
12 terms
Jurisdiction of the Federal Court
Art 121(2) FC; Part IV CJA 1964
Art 121(2)(a); Art 128(3); ss 86, 87 C…
Siow Chung Peng (FC)
Ahmad Zubair Haji Murshid [2014] (FC)
Establishes the Federal Court
The Federal Court can determine appeals of the Court of Appea…
FC dismissed application as the case originated from the Sess…
FC struck out the appeal as the criminal matter in the Sessio…
Art 121(2) FC; Part IV CJA 1964
Establishes the Federal Court
Art 121(2)(a); Art 128(3); ss 86, 87 C…
The Federal Court can determine appeals of the Court of Appea…
Federal Court Jurisdiction
Constitution
Federal Law
Maritime Laws
Disputes involving the U.S. Government
A person believes their freedoms have been violated
A person violated a federal law such as kidnapping, Tax Evasi…
Crime or accidents outside territorial waters.
The government could take a company to court for not fulfilli…
Constitution
A person believes their freedoms have been violated
Federal Law
A person violated a federal law such as kidnapping, Tax Evasi…
10 terms
8 federal court jurisdictions
Constitution
Federal Law
Maritime Laws
Disputes involving the U.S. Government
a person believes their constitutional freedoms have been vio…
a person violates a federal law such as kidnapping, tax evasi…
crimes or accidents outside territorial waters.
the government could take a company to court for not fulfilli…
Constitution
a person believes their constitutional freedoms have been vio…
Federal Law
a person violates a federal law such as kidnapping, tax evasi…
20 terms
Federal or State Jurisdiction
Murder
Robbery
Burglary
Drug use/possession
State
State
State
State
Murder
State
Robbery
State
9 terms
cases Federal Courts have jurisdiction
cases where US is a party
violations of constitution or federal…
between citizens of different states o…
bankruptcy
...
...
...
...
cases where US is a party
...
violations of constitution or federal…
...
21 terms
A. Territorial Jurisdiction of State Courts
Pennoyer v. Neff
Adam v. Saenger
Milliken v. Meyer
Grace v. MacArthur
...
...
...
...
Pennoyer v. Neff
...
Adam v. Saenger
...
Federal Court Jurisdiction and their Examples
What are the 5 Court Jurisdictions?
Constitution and Federal Law Example
Disputes between States Example
Admiralty and Maritime Example
Constitution and Federal Law, Disputes between states, Admira…
If someone believes that a constitutional right is violated,…
Two states disagree over who has the right to river water.
Two parties disagree over who owns property found in a shipwr…
What are the 5 Court Jurisdictions?
Constitution and Federal Law, Disputes between states, Admira…
Constitution and Federal Law Example
If someone believes that a constitutional right is violated,…
8 terms
Distinguish between federal and state jurisdiction
Federal Jurisdiction can hear
Federal Jurisdiction
Federal Jurisdiction can hear diversit…
Federal Jurisdiction hears diversity o…
cases arising under the US Constitution, treaties, and federa…
no dollar amount limit on federal question cases that can be…
which are cases between citizens of different states
to prevent biases that may occur in state courts
Federal Jurisdiction can hear
cases arising under the US Constitution, treaties, and federa…
Federal Jurisdiction
no dollar amount limit on federal question cases that can be…
10 terms
subject matter jurisdiction of federal courts - federal questions
article III, section II - U.S. Constit…
28 U.S.C. § 1331; federal question
28 U.S.C. § 1334; bankruptcy cases & p…
28 U.S.C. § 1337; commerce & antitrust…
extends judicial power of U.S. "to all cases, in law & equity…
district courts shall have original jurisdiction of all civil…
district courts shall have original & exclusive jurisdiction…
district courts shall have original jurisdiction of any civil…
article III, section II - U.S. Constit…
extends judicial power of U.S. "to all cases, in law & equity…
28 U.S.C. § 1331; federal question
district courts shall have original jurisdiction of all civil…
56 terms
Federal Courts and State Courts
Personal Jurisdiction
Subject Matter Jurisdiction
Geographical Jurisdiction
Hierarchical Jurisdiction
involves the authority of the court over the person.
involves the authority conferred on a court to hear a particu…
refers to the authority conferred on a court to hear cases th…
involves the division of responsibilities and functions among…
Personal Jurisdiction
involves the authority of the court over the person.
Subject Matter Jurisdiction
involves the authority conferred on a court to hear a particu…
Federal Question or Exclusive Jurisdiction of Federal Court
Types of cases Federal courts have jur…
Patent
Copyright
Trademark
(1) Suites between states; (2) Cases involving ambassadors &…
The exclusive right to make, use or sell an invention for a s…
The body of law relating to a property right in an original w…
A word, phrase, logo or other graphic symbol used by a manufa…
Types of cases Federal courts have jur…
(1) Suites between states; (2) Cases involving ambassadors &…
Patent
The exclusive right to make, use or sell an invention for a s…
56 terms
Federal Courts and State Courts
Personal Jurisdiction
Subject Matter Jurisdiction
Geographical Jurisdiction
Hierarchical Jurisdiction
involves the authority of the court over the person.
involves the authority conferred on a court to hear a particu…
refers to the authority conferred on a court to hear cases th…
involves the division of responsibilities and functions among…
Personal Jurisdiction
involves the authority of the court over the person.
Subject Matter Jurisdiction
involves the authority conferred on a court to hear a particu…
9 terms
Federal Courts Jurisdiction - SMS grade 8
Cases that involve the _______________…
Violations of federal ________ are a f…
Maritime Laws are
Cases involving ____________________ a…
Constitution
Law
laws at sea
violation
Cases that involve the _______________…
Constitution
Violations of federal ________ are a f…
Law
6 terms
Florida (Jax): State and Federal Jurisdictions
State Trial
State Appellate Court
State Court of Last Resort
Federal Trial Court
4th Judicial Circuit Court of Florida
Florida 1st District Court of Appeal (DCA)
Florida Supreme Court
Middle District of FL
State Trial
4th Judicial Circuit Court of Florida
State Appellate Court
Florida 1st District Court of Appeal (DCA)
34 terms
THE FEDERAL AND STATE COURTS
Virginia Court System
Federalism
Misdemeanor
Felony
System of courts in the Virginia Constitution that deals with…
System in which power is divided and shared between the state…
Less serious crime
Serious crime
Virginia Court System
System of courts in the Virginia Constitution that deals with…
Federalism
System in which power is divided and shared between the state…
10 terms
Article 3: Judicial: Jurisdiction of Federal Courts
U.S. Constitution
U.S. laws
Treaties
Ambassadors and public ministers/consuls
...
...
...
...
U.S. Constitution
...
U.S. laws
...
31 terms
Ch 16 Quiz: The Jurisdiction of the Federal Courts, Getting to the Federal Courts
state, federal
III, 11
Federal question cases
Diversity cases
the dual court system includes ____ courts and _____ courts
Federal cases are listed in article ___, amendment #___ of th…
cases involving U.S. Constitution, federal law, treaties
cases involving different states, or citizens of different st…
state, federal
the dual court system includes ____ courts and _____ courts
III, 11
Federal cases are listed in article ___, amendment #___ of th…
10 terms
Article III : Judicial Branch : Jurisdiction of Federal Courts
Jurisdiction (authority) of Federal Co…
Jurisdiction of Federal Courts
Jurisdiction of Federal Courts
Jurisdiction of Federal Courts
U.S. Constitution
U.S. Laws
Treaties
Ambassadors and Public Ministers/Counsuls
Jurisdiction (authority) of Federal Co…
U.S. Constitution
Jurisdiction of Federal Courts
U.S. Laws
10 terms
Government: Judicial branch (jurisdiction of federal courts)
1)
2)
3)
4)
U.S. constitution
U.S. laws
treaties
ambassadors and public ministers/ consuls
1)
U.S. constitution
2)
U.S. laws
8 terms
Article III: The Judicial Branch, Jurisdiction of the Federal Courts
U.S. Constitution
U.S. Laws
Ambassadors & Public Ministers/ Councils
Admiralty & Marine Law (lakes, rivers…
...
...
...
...
U.S. Constitution
...
U.S. Laws
...
Federal and State Courts
jurisdiction
original jurisdiction
appellate jurisdiction
district courts
the authority to interpret and administer the law; also, the…
the authority of a court to be the first court to hold trials…
the authority of some courts to review decisions made by lowe…
lower federal courts that have original jurisdiction in most…
jurisdiction
the authority to interpret and administer the law; also, the…
original jurisdiction
the authority of a court to be the first court to hold trials…
US Federal and State Courts
appeal
appellate court
bailiff
case
a request, made after a trial, asking a higher court to decid…
any court that has the power to hear appeals from lower courts
court official who keeps order in the court, calls witnesses,…
a matter that goes before a judge or court of law
appeal
a request, made after a trial, asking a higher court to decid…
appellate court
any court that has the power to hear appeals from lower courts
15 terms
Understanding Federal & State Courts
federalism
jurisdiction
US District Courts
original jurisdiction
sharing of power between federal & state govt's
the right and power for the courts to interpret and apply the…
where most feral cases begin; original jurisdiction; hears ci…
means a court can hold trial
federalism
sharing of power between federal & state govt's
jurisdiction
the right and power for the courts to interpret and apply the…
12 terms
Federal and State Courts
Supreme Court
William O. Douglas
Purpose of the Courts
Jurisdiction
Final federal appellate court ("court of last resort")... Consis…
Yakima resident. the only Washington appointed to serve on US…
1. Provide all parties with due process of the law (resolve d…
Legal authority or power of a court to hear, pronounce on, an…
Supreme Court
Final federal appellate court ("court of last resort")... Consis…
William O. Douglas
Yakima resident. the only Washington appointed to serve on US…
24 terms
2. Federal Court Subject Matter Jurisdiction
Subject Matter Jurisdiction
Federal Question Jurisdiction
Well-Pleaded Complaint
Federal Preemption
Refers to court's power to hear particular type of case. ... Fe…
Fed court has subject matter jurisdiction to hear cases arisi…
Fed claim must appear on face of plaintiff's well-pleaded com…
Under "artful pleading" doctrine, when Congress has entirely…
Subject Matter Jurisdiction
Refers to court's power to hear particular type of case. ... Fe…
Federal Question Jurisdiction
Fed court has subject matter jurisdiction to hear cases arisi…
14 terms
State and Federal Courts
Marburyvmadison
Original Jurisdiction
Judicial Review
Jurisdiction
Case that established Judicial Review
to hear a case for the 1st time
Ability of the Supreme Court to declare a law unconstitutional
Area of authority of a court
Marburyvmadison
Case that established Judicial Review
Original Jurisdiction
to hear a case for the 1st time
State and federal courts
History behind this
State court: State trial courts
State court: Appellate Court
State court: Court of Administration
This dual conurt system is the result of general agreement am…
Trial courts are where criminal cases begin. These courts can…
Most states have an appellate court system where people can g…
State court administration manage the operational functions.
History behind this
This dual conurt system is the result of general agreement am…
State court: State trial courts
Trial courts are where criminal cases begin. These courts can…
Federal and State Courts
Majority Party
Minority Party
Presidential Appointment
Representative
The Majority Party is the political party with the most elect…
The Minority Party is the political party in which the whose…
The Presidential Appointment is the power of the president in…
A Representative is a member of the House of Representatives…
Majority Party
The Majority Party is the political party with the most elect…
Minority Party
The Minority Party is the political party in which the whose…
Federal and state courts
Virginia supreme court
Court of Appeals of Virginia
Circuit court
General district court
Limited original jurisdiction
Appellate jurisdiction from circuit courts
Original jurisdiction for felony criminal cases and for certa…
Original jurisdiction of misdemeanors... Civil cases generally i…
Virginia supreme court
Limited original jurisdiction
Court of Appeals of Virginia
Appellate jurisdiction from circuit courts
federal and state courts
John Roberts
Chief Justice
Associate Justice
Judiciary Act of 1789
Current Chief justice of the supreme court
...
The number of Associate Justices is currently fixed at eight
1789 was a landmark statute adopted in the first session of t…
John Roberts
Current Chief justice of the supreme court
Chief Justice
...
33 terms
State and Federal Courts
Trial Courts
Appellate Courts
Right of appeal or discretionary appeals
Creation of Precedent
- They have limited or general jurisdiction... -Underneath the h…
- Hear cases that were appealed from lower courts... - Creates a…
Court cases can be appealed from lower courts and be brought…
-It is created from the top two appellate courts ... - Flows DOW…
Trial Courts
- They have limited or general jurisdiction... -Underneath the h…
Appellate Courts
- Hear cases that were appealed from lower courts... - Creates a…
33 terms
Federal and State Courts
foreign relations
impeach
judicial branch
legislative branch
the power of the executive branch to decide on the U.S. deali…
to bring formal charges of wrongdoing against a public official
the branch of gov.that interprets the laws made by the legisl…
the branch of gov. that creates laws; led by Congress
foreign relations
the power of the executive branch to decide on the U.S. deali…
impeach
to bring formal charges of wrongdoing against a public official
Federal and State Courts
Order of Federal Courts
Order of VA Courts
US District Courts (civil, criminal, o…
US Circuit Court of Appeals (civil, cr…
US District Courts, US Circuit Court of Appeals, US Supreme C…
General District Courts and Juvenile and Domestic Relations C…
Yes, Yes, no,no judge and jury
Yes, Yes, No, Yes... 3 juries
Order of Federal Courts
US District Courts, US Circuit Court of Appeals, US Supreme C…
Order of VA Courts
General District Courts and Juvenile and Domestic Relations C…
Federal and State Courts
majority party
minority party
presidential appointment
representative
the political party with the most elected members, whose chie…
the political party second in number of elected members to th…
the power of the president to nominate persons to fill positi…
a member of the U.S. House of Representatives OR the state ho…
majority party
the political party with the most elected members, whose chie…
minority party
the political party second in number of elected members to th…
Federal and state courts
act
appointment
appointment confirmation
bicameral
The movement of materials through a cell membrane using energy.
job given to someone
the senate gave an appoiment
Two houses
act
The movement of materials through a cell membrane using energy.
appointment
job given to someone
state and federal courts
1st state court
2nd state court
3rd state court
1st federal court
supreme court
appellate courts
trial court
federal district court
1st state court
supreme court
2nd state court
appellate courts
FEDERAL AND STATE COURTS
Personal Jurisdiction:
Subject Matter Jurisdiction:
Geographical Jurisdiction:
Hierarchal Jurisdiction
the authority of the court over the person
the authority conferred on a court to hear a particular type…
the authority of courts to hear cases that arise within speci…
the division of responsibilities and functions among the vari…
Personal Jurisdiction:
the authority of the court over the person
Subject Matter Jurisdiction:
the authority conferred on a court to hear a particular type…
22 terms
Federal and State Courts
plaintiff/prosecuter
verdict
voir dire
writ of certiorari
the person who brings legal action against another person
a judgement made by court
Jury selection process of questioning prospective jurors, to…
An order by a higher court directing a lower court to send up…
plaintiff/prosecuter
the person who brings legal action against another person
verdict
a judgement made by court
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