Business Law Chapter Two

Chapter two business law JMU

38 cards   |   Total Attempts: 182
  

Cards In This Set

Front Back
Original Jurisdiction
The power to hear and decide cases when they first enter the legal system- trial court
Trial Court
Have the power to hear and decide cases when they first enter the legal system- parties present evidence and call witnesses to testify-courts of original jurisdiction
Appellate Jurisdiction
The power to review previous judicial decisions to determine whether trial courts made a mistake in their decisions- appellate court
Appellate Court
Don't hold trials; appellate court judges review transcripts of trial court proceedings and occasionally consider additional oral and written arguments from each party
Jurisdiction
The power of a court to hear a particular case
In Personam Jurisdiction
The power to render a decision affecting the rights of the specific persons before the court
Subject-Matter Jurisdiction
The power to hear certain kinds of cases
Subject-Matter Jurisdiction:Exclusive Federal Jurisdiction
- admiralty cases- bankruptcy cases- federal criminal prosecutions- cases in which on state sues another state- claims against the U.S.- federal patent, trademark, and copyright claims- other claims involving federal statutes that specify exclusive federal jurisdiction
Subject-Matter Jurisdiction:State Jurisdiction
- all cases not falling under exclusive federal jurisdiction
Subject-Matter Jurisdiction:Concurrent Federal and State Jurisdiction
Federal and state courts have “concurrent,” or shared, subject-matter jurisdiction over “federal question” and “diversity of citizenship” cases.
The Federal Court System:Federal Trial Courts (U.S. District Courts)
Have the power to hear a wide range of cases and can grant almost any type of remedy- almost every case in the federal system begins in one of these courts
The Federal Court System:Special Federal Courts
- for cases concerning certain subject matter- includes bankruptcy cases, claims against the U.S. government, and copyright, patent, and trademark cases
The Federal Court System:Intermediate Courts of Appeal
- have appellate jurisdiction over all federal trial courts- second level of courts in the fed system
The Federal Court System:The U.S. Supreme Court
Has ultimate appellate jurisdiction, with the power to review all lower courts decisions
State Court System:State Trial Courts
Have original jurisdiction over all state-related cases