BUL 4421 - CHAPTER 3: THE U.S.
LEGAL SYSTEM EXAM
Jurisdiction - Correct Answers -The word comes from Latin terms juris, meaning "law,"
and diction, meaning "to speak."
A useful way to understand jurisdiction is to think of it as referring to courts' power to
hear cases and render decisions that bind the parties before them.
A court must have several types of jurisdiction to decide any particular case.
Trial courts, or Courts of Original Jurisdiction - Correct Answers -Have the power to
hear and decide cases when they first enter the legal system.
The parties present evidence and call witnesses to testify.
Most state court systems refer to trial courts as courts of common pleases or county
courts.
The federal system calls them district courts.
Courts of Appellate Jurisdiction or Appellate Courts - Correct Answers -Have the power
to review previous judicial decisions to determine whether the trial courts erred in their
decisions.
They do not hold trials. Judges review transcripts of trial court proceedings and
occasionally consider additional oral and writing arguments from each party.
They handle primarily questions of law, not questions of fact.
A question of law is an issue concerning the interpretation or application of a law. Only
judges can decide questions of law.
A question of fact is a question about an event or characteristic in a case. Question of
fact are determined in the trial court.
Legal Principle - Correct Answers -The court in which a case is first heard is called the
court of original jurisdiction, and the court to which a decision made by that court is
appealed is called the court of appellate jurisdiction.
, In Personam Jurisdiction - Correct Answers -(literally, "jurisdiction over the person) is a
court's power to render a decision affecting the rights of the specific persons before the
court.
Plaintiff - Correct Answers -A court acquires in personam jurisdiction when she files a
lawsuit with the court.
Defendant - Correct Answers -The court acquires jurisdiction over the person the
plaintiff is suing (the defendant) when it gives him a copy of the complaint and a
summons.
Complaint - Correct Answers -Specifies the factual and legal basis for the lawsuit and
the relief the plaintiff seeks.
Summons - Correct Answers -Is a court order that notifies the defendant of the lawsuit
and explains how and when to respond to the complaint.
Service of Process - Correct Answers -Is the procedure by which courts present these
documents to defendants.
Traditionally, courts use personal service.
Personal Service - Correct Answers -An officer of the court hands the summons and
complaint to the defendant.
Courts have employed other methods of service, including residential service, certified
or ordinary mail.
Long-Arm Statutes - Correct Answers -Which enable the court to serve defendants
outsie the state as long as the defendant has sufficient minimum contacts within the
state and it seems fair to assert long-arm jurisdiction over him or her.
In-Rem Jurisdiction - Correct Answers -Latin for "Jurisdiction over the thing" over the
property.
If a defendant has a property in a state, a plaintiff may file suit against the defendant;s
property instead of the owner.
Ex. Utah resident had not paid property taxes on a piece of land she owned in Idaho.
Idaho court has the power to seize the property and sell it to pay the property taxes in
an in-rem proceeding.
Quasi in Rem Jurisdiction or Attachment jurisdiction - Correct Answers -Over a
defendant's property unrelated
to the Plaintiff's claim.
LEGAL SYSTEM EXAM
Jurisdiction - Correct Answers -The word comes from Latin terms juris, meaning "law,"
and diction, meaning "to speak."
A useful way to understand jurisdiction is to think of it as referring to courts' power to
hear cases and render decisions that bind the parties before them.
A court must have several types of jurisdiction to decide any particular case.
Trial courts, or Courts of Original Jurisdiction - Correct Answers -Have the power to
hear and decide cases when they first enter the legal system.
The parties present evidence and call witnesses to testify.
Most state court systems refer to trial courts as courts of common pleases or county
courts.
The federal system calls them district courts.
Courts of Appellate Jurisdiction or Appellate Courts - Correct Answers -Have the power
to review previous judicial decisions to determine whether the trial courts erred in their
decisions.
They do not hold trials. Judges review transcripts of trial court proceedings and
occasionally consider additional oral and writing arguments from each party.
They handle primarily questions of law, not questions of fact.
A question of law is an issue concerning the interpretation or application of a law. Only
judges can decide questions of law.
A question of fact is a question about an event or characteristic in a case. Question of
fact are determined in the trial court.
Legal Principle - Correct Answers -The court in which a case is first heard is called the
court of original jurisdiction, and the court to which a decision made by that court is
appealed is called the court of appellate jurisdiction.
, In Personam Jurisdiction - Correct Answers -(literally, "jurisdiction over the person) is a
court's power to render a decision affecting the rights of the specific persons before the
court.
Plaintiff - Correct Answers -A court acquires in personam jurisdiction when she files a
lawsuit with the court.
Defendant - Correct Answers -The court acquires jurisdiction over the person the
plaintiff is suing (the defendant) when it gives him a copy of the complaint and a
summons.
Complaint - Correct Answers -Specifies the factual and legal basis for the lawsuit and
the relief the plaintiff seeks.
Summons - Correct Answers -Is a court order that notifies the defendant of the lawsuit
and explains how and when to respond to the complaint.
Service of Process - Correct Answers -Is the procedure by which courts present these
documents to defendants.
Traditionally, courts use personal service.
Personal Service - Correct Answers -An officer of the court hands the summons and
complaint to the defendant.
Courts have employed other methods of service, including residential service, certified
or ordinary mail.
Long-Arm Statutes - Correct Answers -Which enable the court to serve defendants
outsie the state as long as the defendant has sufficient minimum contacts within the
state and it seems fair to assert long-arm jurisdiction over him or her.
In-Rem Jurisdiction - Correct Answers -Latin for "Jurisdiction over the thing" over the
property.
If a defendant has a property in a state, a plaintiff may file suit against the defendant;s
property instead of the owner.
Ex. Utah resident had not paid property taxes on a piece of land she owned in Idaho.
Idaho court has the power to seize the property and sell it to pay the property taxes in
an in-rem proceeding.
Quasi in Rem Jurisdiction or Attachment jurisdiction - Correct Answers -Over a
defendant's property unrelated
to the Plaintiff's claim.
