The doctrine of judicial review allows: |
the judicial branch to decide whether laws or actions of the other two branches are constitutional |
When a state exercises jurisdiction over property within that state, this type of jurisdiction is called in personam. |
TRUE |
The power of judicial review has remained unchallenged since which United States Supreme Court decision? |
Marbury v. Madison |
A long arm statute allows one state’s court to exercise jurisdiction over a defendant from another state who has ___________ with the state in which the court is located. |
Minimum contacts |
Original jurisdiction |
Exists with courts that have the authority to hear a case for the first time, called trial courts. |
Subject matter jurisdiction |
Limits the court’s jurisdictional authority to particular types of cases and can be either limited or general jurisdiction. |
appellate jurisdiction |
Exists with courts of appeal and review. |
A federal court can exercise jurisdiction if a case involves: |
a treaty, the U.S. Constitution, or a federal law. |
The Johnsons are in an auto accident with a driver who lives near them in the same town. No one is injured and the Johnsons’ car suffered only $5,000 in damages. Why can’t the Johnsons sue the other driver in federal court? |
Because the Johnsons live in the same state and the damages are too small. |
concurrent jurisdiction |
cases involving federal questions and cases |
exclusive state jurisdiction |
cases involving all matters not subject to federal jurisdiction |
exclusive federal jurisdiction |
cases involving federal crimes, bankruptcy, patents, copyrights, trademarks, and suits against the United States |
Venue refers to the primary subject matter of a case at trial. |
FALSE |
Standing to sue requires that a controversy must be … |
Real and substantial |
Trial courts, intermediate appellate courts, supreme courts |
represents the ordering of most court systems (state and federal) |
trial courts |
often deal with questions of fact |
highest state courts |
final on all questions of state law |
appellate or reviewing courts |
deal with questions of law |
The United States Supreme Court hears all cases sent to it for review. |
FALSE |
Which of the following does the United States Supreme Court have to issue before it hears a case? |
A writ of certiorari |
Which of the following are part of the federal court system? |
– U.S. District Courts – United States Supreme Court |
another one for chapter 3
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