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Study sets matching "jurisdiction of state and federal courts"

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Study sets matching "jurisdiction of state and federal courts"

39 terms
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
8 terms
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
10 terms
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
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
8 terms
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 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…
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…
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…
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?
8 terms
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…
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…
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…
...
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…
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
...
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
8 terms
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…
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…
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…
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
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
...
20 terms
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…
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
...
36 terms
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
8 terms
C: Federal Court Jurisdiction (8 types of cases)
Constitution
Federal Law
Maritime Laws
Disputes involving the US Gov't
a person believes their constitutional freedoms have been vio…
a person violates federal law (kidnapping, tax evasion, or co…
crimes or accidents outside territorial waters (dispute over…
the gov't could take a company to court for not fulfilling a…
Constitution
a person believes their constitutional freedoms have been vio…
Federal Law
a person violates federal law (kidnapping, tax evasion, or co…
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…
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…
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…
22 terms
State and Federal Courts
Jurisdiction
trial courts
appellate courts
plaintiff
concept comes from due process clauses and equal protection c…
decide issues of fact; don't create precedent or common law;…
decide issues of law; court decisions set precedent; primaril…
...
Jurisdiction
concept comes from due process clauses and equal protection c…
trial courts
decide issues of fact; don't create precedent or common law;…
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
20 terms
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
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
14 terms
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
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…
16 terms
Federal Court v State Court
Federal
Federal
Federal
Federal
Computer Crimes
Espionage
Counterfeiting
Immigration Violations
Federal
Computer Crimes
Federal
Espionage
8 terms
Federal and State Courts
United States Supreme Court
United States Court of Appeals
United States District Court
State Supreme Court
Highest Court, appealed from State Supreme Court or US Court…
Appeals from the US District Court
Federal convictions start here
Appeals from the State Court of Appeals
United States Supreme Court
Highest Court, appealed from State Supreme Court or US Court…
United States Court of Appeals
Appeals from the US District Court
Federal and State Courts research
preponderance of evidence
clear and convincing evidence
beyond a reasonable doubt
Legislative Branch - legal resources
50% - sentencing and parole violation hearings
80% Megan's Law/SVP determination
95% - criminal trials
Laws of PA are organized in volumes by titles... 18 = crimes cod…
preponderance of evidence
50% - sentencing and parole violation hearings
clear and convincing evidence
80% Megan's Law/SVP determination
13 terms
Federal and State Courts
What are the three levels of the US fe…
District courts have _____
circuit courts have _____
supreme courts have______
District courts, circuit courts, and supreme court
94 district courts, original jurisdiction, and mostly civil law
13 appellate courts (11 in us states, 1 in dc, and 1 special…
1 court, appellate or original jurisdiction, and a panel of n…
What are the three levels of the US fe…
District courts, circuit courts, and supreme court
District courts have _____
94 district courts, original jurisdiction, and mostly civil law
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…
9 terms
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…
21 terms
Federal-State (Utah) Courts
John Roberts
Chief Justice
Associate Justice
Judiciary Act of 1789
Current Chief Justice
The "first among equals" on the U.S. Supreme Court, who has n…
...
Landmark statute adopted in the first session of the First Un…
John Roberts
Current Chief Justice
Chief Justice
The "first among equals" on the U.S. Supreme Court, who has n…
18 terms
Federal and state courts
St Court of appeals
St Court of Special Appeals
St Circuit court
St district court
Highest state: AJ OJ... Branches... Constitution issues... Death penalty
2nd highest: AJ... Court below
2nd lowest: AJ OJ... Serious crimes... Only jurry court
Lowest: OJ ... Less serious... Traffic court
St Court of appeals
Highest state: AJ OJ... Branches... Constitution issues... Death penalty
St Court of Special Appeals
2nd highest: AJ... Court below
37 terms
State v. Federal Courts
State courts (do)
Federal courts (do)
Concurrent Jurisdiction
Original Jurisdiction
interpret and apply state and local laws
interpret and apply national laws
the authority shared by both federal and state courts
the authority of a trial court to be first to hear a case
State courts (do)
interpret and apply state and local laws
Federal courts (do)
interpret and apply national laws
21 terms
Federal & State Courts
John G Roberts, Jr.
Chief Justice
Associate Justice
Judiciary Act of 1789
Current Chief Justice... Born 1955... appointed to Supreme Court 20…
*Head of the Judicial branch at the national level
a member of the Supreme Court... Currently 8 members (as fixed b…
established the U.S. federal judiciary - a system of federal…
John G Roberts, Jr.
Current Chief Justice... Born 1955... appointed to Supreme Court 20…
Chief Justice
*Head of the Judicial branch at the national level
20 terms
Federal-State Courts
John Roberts
Chief Justice
Associate Justice
Judiciary Act of 1789
Current Chief Justice
Has numerous responsibilities for the administration of the f…
...
Adopted in the first United States congress establishing the…
John Roberts
Current Chief Justice
Chief Justice
Has numerous responsibilities for the administration of the f…
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…
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