And Answers
Jurisdiction The geographic or topical area of responsibility and authority of a court.
Test to establish jurisdiction: 1.) Did the defendant purposefully conduct activities in the
jurisdiction of the court?
2.) Did the plaintiff's claim arise out of the defendant's activities in this locale?
3.) Is it constitutionally reasonable for the court to exercise jurisdiction?
Federal Court System US District Courts(94) >US Circuit Courts of
Appeals(13)>Supreme Court of the US
State Court System County, municipal, traffic, magistrate, etc.(Minor cases, arraignments)
> Special Court(divorce, juvenile, family, housing cases heard) > Superior Court(hears serious
cases; most trials held here) > Court of Appeals(Hears appeals from lower courts) > State
Supreme Court(hears appeals from court of appeals)
, JRN 430 Final Exam Flashcards Questions
And Answers
Forum Shopping A plaintiff choosing a court in which to sue because he or she believes
the court will rule in the plaintiff's favor.
How many tiers do most court systems have? 3. Trial courts at the bottom.
How many Geographical Federal Courts of Appeal in the US? 12. Michigan is located in
the 6th.
Due Process Fair legal proceedings. Due process is guranteed by the Fifth and Fourteenth
Amendments to the US Constitution.
De Novo Literally "anew" or "over again." On appeal, the court may review the facts de
novo rather than simply reviewing the legal posture and process on the case.
En Banc Literally "on the bench" but now meaning "in full court." The judges of a circuit
court of appeals will sit en banc to decide important or controversial cases.
, JRN 430 Final Exam Flashcards Questions
And Answers
Amicus Curiae "friend of the court." Not part of the case but can submit additional
evidence with permission of the court.
Amicus Brief The filing by the amicus curiae.
Affirm To ratify, uphold or approve a lower court ruling.
Overrule To reverse the ruling of a lower court.
Concurring Opinion A separate opinion of a minority of the court or a single judge or
justice agreeing with the majority opinion but applying different reasoning or legal principles.
Dissenting Opinion A separate opinion of a minority of the court or a single judge or
justice disagreeing with the result reached by the majority and challenging the majority's
reasoning or the legal basis of the decision.
Remand To send back to the lower court for further action.