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Study sets matching "term:federal court jurisdiction = geographical borders"

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Study sets matching "term:federal court jurisdiction = geographical borders"

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
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…
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…
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
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…
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
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?
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…
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…
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…
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
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…
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
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…
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…
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
...
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
...
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
Government Test: Constitution - Cases Federal Courts have Jurisdiction
1
2
3
4
Affecting ammbasssors
Affecting sea affairs
Contervcies with US involved
Contervcies with two or more states
1
Affecting ammbasssors
2
Affecting sea affairs
8 terms
Federal Courts have Exclusive Jurisdiction over 8 types of Cases:
Constitution:
Federal Law:
Maritime Laws:
Disputes involving the US 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.... - Example a d…
-The government could take a company to court for not fulfill…
Constitution:
a person believes their constitutional freedoms have been vio…
Federal Law:
a person violates a federal law such as Kidnapping, Tax Evasi…
8 terms
Federal Courts have Exclusive Jurisdiction over 8 types of Cases:
Constitution:
Federal Law:
Maritime Laws:
Disputes involving the US Government:
a person believes their constitutional freedoms have been vio…
a person violates a federal law
accidents outside of 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
8 terms
Federal Courts have Exclusive Jurisdiction over 8 types of Cases:
Constitution:
Federal Law:
Maritime Laws:
Disputes involving the US Government:
a person believes their constitutional freedoms have been vio…
a person violates a federal law
accidents outside of 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
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
8 terms
Federal Courts have Exclusive Jurisdiction over 8 types of Cases:
Constitution:
Federal Law:
Maritime Laws:
Disputes involving the US Government:
a person believes their constitutional freedoms have been vio…
a person violates a federal law
accidents outside of 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
8 terms
Federal Courts have Exclusive Jurisdiction over 8 types of Cases:
Constitution:
Federal Law:
Maritime Laws:
Disputes involving the US 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.... - Example a d…
-The government could take a company to court for not fulfill…
Constitution:
a person believes their constitutional freedoms have been vio…
Federal Law:
a person violates a federal law such as Kidnapping, Tax Evasi…
170 terms
Combo with "Fed Courts - Federal Question Jurisdiction" and 3 others
Osborn v. Bank of US - Rule of Law
Osborn v. Bank of US - Decision
Textile Workers Unions v. Lincoln Mill…
Textile Workers Unions v. Lincoln Mill…
Congress is capable of granting to federal district courts or…
Principle that Congress is capable of granting original juris…
Federal Courts may fashion substantive law regarding labor co…
Union sues employer to submit to arbitration as compelled by…
Osborn v. Bank of US - Rule of Law
Congress is capable of granting to federal district courts or…
Osborn v. Bank of US - Decision
Principle that Congress is capable of granting original juris…
9 terms
Nine Types of Cases the Supreme and Federal Courts Have Jurisdiction Over
Constitution
treaties made by US
ambassadors
admiralty
1st case (important document)
2nd case (agreements)
3rd case (diplomats sent abroad to represent US)
4th case (navigation)
Constitution
1st case (important document)
treaties made by US
2nd case (agreements)
14 terms
Federal Jurisdiction Midterm
In order to be justiciable, a case mus…
Subject Matter Jurisdiction
Personal Jurisdiction
Motions
1) Injury (have standing)... 2) Ripe... 3) Relevant (not moot)... 4) N…
The authority of a court to adjudicate a problem
The authority of a court to demand that a defendant to come a…
Trying to get the court to do/not do something. For example:…
In order to be justiciable, a case mus…
1) Injury (have standing)... 2) Ripe... 3) Relevant (not moot)... 4) N…
Subject Matter Jurisdiction
The authority of a court to adjudicate a problem
11 terms
The Federal Court System
Precedent
Strict Constructionist
Loose Constructionist
Jurisdicition
A guiding principle
The Constitution should be interpreted strictly according to…
The Constitution must be interpreted in light of current poli…
Authority to interpret and administer the law, from the Const…
Precedent
A guiding principle
Strict Constructionist
The Constitution should be interpreted strictly according to…
13 terms
Federal Court vs State Court Key Terms
Dual court system
Jurisdiction
Subject matter jurisdiction
General jurisdiction
division of two separate court systems, federal and state
authority of a court to hear and decide cases within an area…
authority of a court to hear a particular type of case, depen…
authority of the court to hear a wide range of cases, both ci…
Dual court system
division of two separate court systems, federal and state
Jurisdiction
authority of a court to hear and decide cases within an area…
138 terms
Federal Jurisdiction & Civil Procedure
Personal Jurisdiction is power over ____
Subject Matter Jurisdiction is power o…
2 Main Types of Federal Court SMJ
Diversity of Citizenship (2 Requiremen…
the parties
case... - Answers question of what court in that state (state o…
1) Diversity of Citizenship... 2) Federal Question
1) Case is either between "citizens of different states" (div…
Personal Jurisdiction is power over ____
the parties
Subject Matter Jurisdiction is power o…
case... - Answers question of what court in that state (state o…
22 terms
The Federal Court System
inferior courts
jurisdiction
exclusive jurisdiction
concurrent jurisdiction
The lower federal courts, beneath the Supreme Court
The authority of a court to hear a case.
Power of the federal courts alone to hear certain cases.
Power shared by federal and State courts to hear certain cases.
inferior courts
The lower federal courts, beneath the Supreme Court
jurisdiction
The authority of a court to hear a case.
22 terms
The Federal Court System
inferior courts
jurisdiction
exclusive jurisdiction
concurrent jurisdiction
The lower federal courts, beneath the Supreme Court
The authority of a court to hear a case.
Power of the federal courts alone to hear certain cases.
Power shared by federal and State courts to hear certain cases.
inferior courts
The lower federal courts, beneath the Supreme Court
jurisdiction
The authority of a court to hear a case.
49 terms
Federal Court System
Precedent
Appellate Jurisdiction
Loose Constructionist
brief
What is a guiding principle?
Who has the power to review cases previously decided by a low…
The Constitution must be interpreted in light of current poli…
Written arguments is called a what?
Precedent
What is a guiding principle?
Appellate Jurisdiction
Who has the power to review cases previously decided by a low…
15 terms
Courts and Jurisdiction
JURISDICTION
US Courts of Appeals 7th Circuit
concurring opinion
dissenting opinion
The authority of a court to hear a case only in their jurisdi…
Wisconsin's Federal Appellate Court
An opinion that agrees with the majority on the outcome of th…
an opinion in which one or more justices disagree with the ma…
JURISDICTION
The authority of a court to hear a case only in their jurisdi…
US Courts of Appeals 7th Circuit
Wisconsin's Federal Appellate Court
10 terms
The Federal Court System C5S1
Appeal
Appellate Jurisdiction
Circuit
Court of Appeals
to ask that a court case be reviewed by a higher court
the power to review cases that have already been decided by l…
an area covered by a court of appeals
a court that can review and overturnthe decision of a lower c…
Appeal
to ask that a court case be reviewed by a higher court
Appellate Jurisdiction
the power to review cases that have already been decided by l…
59 terms
Federal Jurisdiction
Personal Jurisdiction Elements
Grounds for (initial) Federal SMJ
General Diversity/Alienage Rule
Complete Diversity Rule
1) commencement of the action; 2) service of process on D; 3)…
1) diversity of citizenship (including alienage); and 2) fede…
At the time the case is FILED, case is between citizens of di…
No diversity if any P is a citizen of the same state as any D
Personal Jurisdiction Elements
1) commencement of the action; 2) service of process on D; 3)…
Grounds for (initial) Federal SMJ
1) diversity of citizenship (including alienage); and 2) fede…
9 terms
Jurisdiction
Subject Matter Jurisdiction Definition:
Federal Jurisdiction: Exclusive Federa…
Concurrent Federal Jurisdiction
State Jurisdiction
authority of a court to decide a particular kind of case
Federal courts have sole jurisdiction over Federal crimes, ba…
authority of more than one court to hear the same case; State…
state courts have exclusive jurisdiction over all matters to…
Subject Matter Jurisdiction Definition:
authority of a court to decide a particular kind of case
Federal Jurisdiction: Exclusive Federa…
Federal courts have sole jurisdiction over Federal crimes, ba…
8 terms
Federal Court System
General Jurisdiction
Courts with general jurisdiction
specialized jurisdiction
Federal District Court
court that can hear almost any kind of case
federal district courts, federal courts of appeals, united st…
court that hears only one specific type of case
Lowest level of federal court with general jurisdiction
General Jurisdiction
court that can hear almost any kind of case
Courts with general jurisdiction
federal district courts, federal courts of appeals, united st…
41 terms
the federal court system/chapter 18
judicial review
jurisdiction
original jurisdiction
appellate jurisdiction
the power of a court to determine the constitutionality of a…
the authority of a court to hear a case
the power of a court to hear a case first, before any other c…
the authority of a court to review decisions of inferior (low…
judicial review
the power of a court to determine the constitutionality of a…
jurisdiction
the authority of a court to hear a case
290 terms
Federal Jurisdiction Midterm
Swift v. Tyson (1842)
Black & White Taxi v. Brown & Yellow T…
Erie (1938)
Jones & Laughlin Steel (1937)
"Laws" in Judiciary Act section 34 only means statutes dealin…
corporation reincorporates in order to get a new state citize…
Court overrules Swift on basis of Warren's evidence, and says…
A little odd to see the Court super-concerned about constitut…
Swift v. Tyson (1842)
"Laws" in Judiciary Act section 34 only means statutes dealin…
Black & White Taxi v. Brown & Yellow T…
corporation reincorporates in order to get a new state citize…
20 terms
Chapter 18: The Federal Court System
Inferior courts
Jurisdiction
Exclusive Jurisdiction
Concurrent Jurisdiction
Lower federal courts, those beneath the Supreme Court
The authority of a court to hear (to try and to decide) a case.
Authority of only federal courts to hear and decide cases.
Authority for both state and federal courts to hear and decid…
Inferior courts
Lower federal courts, those beneath the Supreme Court
Jurisdiction
The authority of a court to hear (to try and to decide) a case.
42 terms
Federal Jurisdiction Final
Supplemental Jurisdiction requires:
Pendent Jurisdiction
Pendent Jurisdiction requires (2):
Ancillary Jurisdiction
Common Nucleus of Facts (CNOF) - the same set of litigating f…
Supplemental Jurisdiction that has 2 questions (federal and n…
Same claim and same party
a from of S.J. that allows fed court to hear non-federal clai…
Supplemental Jurisdiction requires:
Common Nucleus of Facts (CNOF) - the same set of litigating f…
Pendent Jurisdiction
Supplemental Jurisdiction that has 2 questions (federal and n…
11 terms
bio
Judicial Review
Marbury v. Madison
Jurisdiction
personam jurisdiction
process for determining whether the decisions made by the exe…
origin of judicial review in US
court's authority to decide a case (court must have jurisdict…
courts have jurisdiction over persons or corporations within…
Judicial Review
process for determining whether the decisions made by the exe…
Marbury v. Madison
origin of judicial review in US
Federal Court System
Federal District Court
Federal District Court
Federal District Court
Appellate Court
94
Original Jurisdiction
Judge and Jury
13
Federal District Court
94
Federal District Court
Original Jurisdiction
40 terms
Federal Jurisdiction
Who can raise subject matter jurisdict…
When does federal question jurisdictio…
What does complete diversity mean?
How do you determine the citizenship o…
Any party, at any time
If the claim is based on federal law... (presence of federal de…
Every plaintiff is diverse from every defendant when the comp…
Use their state of domicile (permanent residence)
Who can raise subject matter jurisdict…
Any party, at any time
When does federal question jurisdictio…
If the claim is based on federal law... (presence of federal de…
45 terms
The Federal Court System
Federal court system
lower federal courts
Role of lower federal courts
Precedents
consists of the Supreme Court and lower courts
Have the authority to administer and interpret law
Set precedents... Resolve disputes... Interpret laws
Principals that guide judges in making decisions
Federal court system
consists of the Supreme Court and lower courts
lower federal courts
Have the authority to administer and interpret law
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