Bankruptcy, family, international, tax and federal claims courts are (a)  

Federal judges are nominated by the president and confirmed by a majority vote in the U.S. Senate. The Constitution guarantees federal judges the right to serve “during good behavior,” so they enjoy a lifetime appointment

True or False?

(a)  

Under the U.S. Constitution, federal judges may be removed from office only if Congress impeaches them for treason, bribery, or other crimes. Impeachment means the actual impeachment (indictment) by the House of Representatives, followed by a trial before the Sen-ate. If at least two-thirds of the senators vote for removal, the judge is removed. This happens rarely; only a handful of federal judges in history have been removed.

True or False

(a)  

Though Congress may change the structure of the federal court system, it may not reduce a judge’s salary or term of office once an appointment has been made. The writers of the U.S. Constitution gave federal judges job security because they wanted judges to be free from the pressure of politics.

True or False?

(a)  

Most state judges serve for a fixed term, whether appointed or elected. Terms range from as short as one year for some judges in Missouri to a fourteen-year term for judges in New York. Only Rhode Island provides a lifetime term.State judges are chosen by different methods, as Exhibit 2.1 shows. They are elected, appointed, or chosen by a method that mixes the election and appointment processes. In several states with the mixed system, the state bar association recommends candidates and the governor appoints a judge from its list. The judge selected serves until the next election, at which time the public is asked to vote to retain or reject

True or False?

(a)  

People argue whether appointed or elected judges are better

True or False?

(a)  

Judge is absolutely immune from suit for damages for judicial acts. Without this rule, judges could fear being sued by parties unhappy with judicial deci-sions. Then, judges could lose their ability to be independent decision makers. Judicial immunity aims to keep judges unconcerned about personal abuse by parties who appear in court. Immunity extends to parties who perform services that are related to the performance of judicial functions

(a)  

Where disputes are first brought and tried

(a)  

What courts have original jurisdiction?

(a)  

Decisions of lower courts are taken for review

(a)  

What are trial courts?

(a)  

The (a)   decides the facts of the case

Appellate courts are concerned with correcting errors in the application of the law and making sure proper procedure was followed in the trial court proceeding. Normally, _ judges review decisions at the intermediate appeals court level

(a)  

The state supreme courts (which have different names in some states) provide review with participation of all members when cases advance to higher courts

True or False?

(a)  

The majority of litigation occurs in (a)   courts

The U.S. Constitution intends for the judiciary to have significant independence from the other branches of government as part of the system of checks and balances. This is unlike most countries, where judges are civil servants who have less independence than judges in the United States. Even though some state judges are in political positions, federal judges, once on the bench, are independent

True or False?

(a)  

As the trial courts of the federal system, U.S. district courts are the courts of?

(a)  

District courts are the only federal courts that use

(a)  

The boundary of a district court’s jurisdiction does not cross

(a)  

There are a total of 94 federal districts in the court system. Each state has at least one federal district court; the more populated states are divided into two, three, or—as in California, New York, and Texas—four districts

True or False?

(a)  

A civil officer or lay judge who administers the law, especially one who conducts a court that deals with minor offenses and holds preliminary hearings for more serious ones. listen carefully to all evidence given in court and follow structured decision-making processes (such as sentencing guidelines in criminal cases) and case law to reach fair decisions. They are advised on points of law by a legal adviser who sits in court with them. JUDICIAL OFFICERS

(a)  

Fundamental right in the Constitution that protects against unlawful and indefinite imprisonment (sub worker for the judge)

(a)  

Cases may be tried before a magistrate instead of a judge if parties to the case agree

True or False?

(a)  

A session in which a case is heard before all the judges of a court. Translates to "on bench proceeding"

(a)  

U.S. tax court is part of what branch?

(a)  

What is the highest court in the U.S. ?

(a)  

When order a lower court to deliver its record in a case so that the higher court may review it.  (The U.S. Supreme Court uses this to select most of the cases it hears. The writ of certiorari is a common law writ)

(a)  

Although the names and organization differ somewhat from state to state, the state court systems are similar in general framework and jurisdictional authorities. Many are three-level systems, and many states have local courts of special or limited jurisdiction

True or False?

(a)  

What is limited jurisdiction

(a)  

Federal district court judges have subject matter jurisdiction over what type of cases?

(a)  

5th circuit sits where?

(a)  

U.S. Supreme Court can overturn precedent but any other courts have to follow precedent

True or False?

(a)  

Do you need to be certified for delivering a service of process?

(a)  

Long arm statute

(a)  

hometown cooking

(a)  

Geographical rules on place (for example, can only sue where the accident happened or place nearby)

(a)  

Court with authority to hear cases of all kinds – criminal, civil, family, probate, and so forth has (a)  

Municipal courts, justice of the peace courts, and other more specialized courts (such as probate courts, which handle matters related to wills and trusts) are what

(a)  

A new trial on an entire case, where both questions of fact and issues of law are determined as if there had been no trial in the first instance

(a)  

Small claims is good because

(a)  

pro se litigation

(a)  

Federal Rules of Civil Procedure

(a)  

Jurisdiction stands for

(a)  

When filing a lawsuit, the plaintiff must choose the correct court to resolve the dispute by:

(a)  

If a court should rule in a particular case and jurisdiction was lacking, the judgment of that court will be declared null and void upon appeal. Without jurisdiction a court cannot exercise authority to determine the outcome of a legal dispute

True or False?

(a)  

Created by a constitution or a statute regarding the types of disputes a court can accept to resolve. It often includes requirements on the amount in controversy and the areas of law that the court may cover.

(a)  

An issue directly involving the U.S. Constitution, federal statutes, or treaties between the United States and a foreign country. Application of these kinds of law to particular cases or interpretation of the meanings of these laws is a power within the authority of the federal courts. The authority to hear lawsuits that turn on a point of federal law is called

(a)  

When federal jurisdiction is based on the parties involved, most litigation is generated by cases (1) in which the United States is a party to the suit or (2) involving citizens of different jurisdictions. The purpose for allowing federal jurisdiction when a dispute arises between citizens of different states—referred to as diversity-of-citizenship or diversity jurisdiction—is to provide a neutral forum for handling such disputes

True or False?

(a)  

Diversity of citizenship is the same as

(a)  

To establish federal jurisdiction in a diversity case, the parties must also show two things: (1) they are from different states and (2) the amount in controversy (the sum the plaintiff is suing the defendant for) is more than $75,000"

True or False?

(a)  

Once it is established that the court has subject-matter jurisdiction, the plaintiff must meet the personal jurisdiction requirements. A court’s jurisdictional authority is generally limited to the boundaries of the state in which it is located. Territorial jurisdiction is not an issue unless the defendant is not a resident of the state in which the plaintiff wishes to bring the lawsuit. In such a case, the plain-tiff must determine how to bring the defendant or the defendant’s property before the court

True or False?

(a)  

A court's jurisdiction over the parties, as determined by the facts in evidence, which bind the parties to a lawsuit (for example, territory issues)

(a)  

A legal notice issued by the court for a person to either appear in court or to produce a specific document (summon a person to court)

(a)  

Service of presenting the summons to the defendant

(a)  

When defendant doesn't show up after service of process.. that allows the court to rule in favor of the plaintiff even without the need for a trial

(a)  

The in-person delivery of notice to a defendant

(a)  

When a business gets sued who gets served papers when service of process happens?

(a)  

The court is in the state in which the business was established, the court is in the state where the business has its headquarters or its main operation, or the court is in a state in which the entity is doing business are rules for what statute?

(a)  

A court in the state where the property is located has jurisdiction to resolve claims against that property, whether the property owner is there or not

(a)  

Federal courts have exclusive jurisdiction over:

(a)  

State courts have exclusive jurisdiction over:

(a)  

When federal has more authority than state

(a)  

When both state and federal court systems both have the power to hear a case

(a)  

May have jurisdiction when either of the following: there is diversity of citizenship and the amount in controversy exceeds $75,000 or the dispute involves a federal question and Congress has not conferred exclusive jurisdiction on the federal courts

(a)  

When a state court hears a case involving events that took place in more than one state or in another state, a conflict-of-law problem may arise. The court determines whether its law or the law of another state should be applied

(a)  

Another name for conflict of law is:

(a)  

The defendant can be sued in a federal court only in a district where either the defendant or the plaintiff lives or where the dispute arose

True or False?

(a)  

A public place judicial proceedings occur

(a)  

A party asks the court to transfer a case to another court, even though the original court has jurisdiction, because there is a more convenient court that could hear the case. When considering the motion, a court considers where the actions related to the case took place, where the witnesses and evidence are located, whether the parties will be unfairly burdened by using a particular court, and whether problems of conflicts of law might be avoided by transferring the case

(a)  

What court to file change of venue?

(a)