Federal Appellate Court
U.S. Court of Appeals for the Federal Circuit.
Federal Trial Court
First level of the federal judicial system.
State Appellate Court
State court of appeals.
State Supreme Court
Highest court within the state courts system.
State Trial Court
Has the power to sometimes hear cases with federal law issues.
U.S. Supreme Court
Highest court in the American judicial system & has the power to decide appeals on all cases brought in federal court or those brought in state court but dealing with federal law.
Appellate Jurisdiction
The court that hears appeals from the trial court. Must accept the facts as determined by the trial court & limit its review to the lower court’s theory of the applicable law.
Concurrent Jurisdiction
When both the state and federal courts have jurisdiction according to the Supreme Court over a federal cause of action unless Congress gives exclusive jurisdiction to federal courts.
Diversity Jurisdiction
Allows a plaintiff of one state to file a lawsuit in federal court when the defendant is located in a different state. Doesn’t apply to criminal cases.
Exclusive Jurisdiction
When only federal courts can take a case due to rule by the Constitution under Article III.
Federal Question
Jurisdiction where federal law provided the basis for the lawsuit or where the U.S. was a party (plaintiff/defendant).
In Rem Jurisdiction
Court’s ability to make valid judgments regarding a thing.
Jurisdiction
2 Latin words- Juris (law) & Diction (to speak). Determines which court has the power “to speak the law.”
Long Arm Statute
Statute that allows for a court to obtain personal jurisdiction over an out-of-state defendant on the basis of certain acts committed by an out-of-state defendant, provided that the defendant has a sufficient connection with the state.
Minimum Contacts
Nonresident civil defendant’s connections with the forum state that are sufficient for the forum state to assert personal jurisdiction over that defendant.
Original Jurisdiction
The federal district court is the starting point for any case arising under federal statutes, the Constitution or treaties.
Personal Jurisdictioin
The defendant(s) must be appropriate before the court.
Subject Matter Jurisdiction
Where the court has the power to hear & decide the kind of case that’s filed.
Venue
The proper geographic location of the court.
Alternative Dispute Resolution
Quicker & cheaper ways for litigants to settle rather than going to court. Such as arbitration, mediation and conciliation.
Arbitration
Type of adjudication. The parties use a private decision maker, the arbitrator.
Mediation
Gives the neutral party no party to impose a decision. The mediator is a go-between who attempts to help the parties negotiate a solution.
Negotiation
The two parties privately negotiate the dispute prior to filing a lawsuit.
