A person or entity making or responding to a claim in court
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Party
A circuit split occurs when two or more different federal circuit courts of appeal offer
conflicting rulings on the same legal or constitutional issue.
The U.S. Supreme Court is more likely to grant review of a case if the case presents a
legal issue in which there is a circuit split, though the existence of a circuit split is only
one of the factors the Court considers when deciding whether to grant review of a
case.
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, Concept Summary: Circuit Split
Situation in which opposing parties in a lawsuit are citizens of different states or one
party is a citizen of a foreign country; the case is placed under federal court
jurisdiction if the amount in controversy exceeds $75,000 and does not involve a
decree for divorce, alimony, or child custody.
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Diversity of Citizenship
set binding precedent.
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KEY POINT:
Only appellate courts have the right to . . .
PERSONAL JURISDICTION:
Federal Trial Courts: 1. Residents and business entities located in the state where the
federal trial court sits; or 2. Nonresidents with minimum contacts with the state in
which the federal trial court sits; or 3. Nonresidents owning property in the state in
which the federal trial court sits; or 4. Voluntary.
State Trial Courts: 1. Residents and business entities located in the state; or 2.
Nonresidents owning property in the state; or 3. Nonresidents with minimum contacts
with the state according to state long-arm statute; or 4. Voluntary
SUBJECT MATTER JURISDICTION:
Federal Trial Courts: 1. Federal question; or 2. United States is a party or 3. Diversity of
, citizenship exists and amount in controversy exceeds $75,000 (amount required only
in diversity cases)
State Trial courts: 1. State law matters (statutes, common law, state constitutional
issues)
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Concept Summary: Jursidiction
b. Only appellate courts decide questions of constitutional law; trial courts interpret
statutes.
Trial court decisions are binding only on the parties to the case. Appellate court
decisions are binding on lower courts in future cases.
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Which of the following is a major distinction between trial courts and
appellate courts?
Jurisdiction over real or personal property when the property itself is the principal
subject of the lawsuit.
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In rem Jurisdiction
Courts that adjudicate matters dealing primarily with cases arising from state
statutory, state common, or the state constitutional law.
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Party
A circuit split occurs when two or more different federal circuit courts of appeal offer
conflicting rulings on the same legal or constitutional issue.
The U.S. Supreme Court is more likely to grant review of a case if the case presents a
legal issue in which there is a circuit split, though the existence of a circuit split is only
one of the factors the Court considers when deciding whether to grant review of a
case.
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, Concept Summary: Circuit Split
Situation in which opposing parties in a lawsuit are citizens of different states or one
party is a citizen of a foreign country; the case is placed under federal court
jurisdiction if the amount in controversy exceeds $75,000 and does not involve a
decree for divorce, alimony, or child custody.
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Diversity of Citizenship
set binding precedent.
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KEY POINT:
Only appellate courts have the right to . . .
PERSONAL JURISDICTION:
Federal Trial Courts: 1. Residents and business entities located in the state where the
federal trial court sits; or 2. Nonresidents with minimum contacts with the state in
which the federal trial court sits; or 3. Nonresidents owning property in the state in
which the federal trial court sits; or 4. Voluntary.
State Trial Courts: 1. Residents and business entities located in the state; or 2.
Nonresidents owning property in the state; or 3. Nonresidents with minimum contacts
with the state according to state long-arm statute; or 4. Voluntary
SUBJECT MATTER JURISDICTION:
Federal Trial Courts: 1. Federal question; or 2. United States is a party or 3. Diversity of
, citizenship exists and amount in controversy exceeds $75,000 (amount required only
in diversity cases)
State Trial courts: 1. State law matters (statutes, common law, state constitutional
issues)
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Concept Summary: Jursidiction
b. Only appellate courts decide questions of constitutional law; trial courts interpret
statutes.
Trial court decisions are binding only on the parties to the case. Appellate court
decisions are binding on lower courts in future cases.
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Which of the following is a major distinction between trial courts and
appellate courts?
Jurisdiction over real or personal property when the property itself is the principal
subject of the lawsuit.
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In rem Jurisdiction
Courts that adjudicate matters dealing primarily with cases arising from state
statutory, state common, or the state constitutional law.
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