Term
| General-Jurisdiction Trial Court |
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Definition
| A court of record. Hears cases of a general nature that are not within the jurisdiction of limited-jurisdiction trial courts. |
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| called this because the testimony and evidence at trial are recorded and stored for future reference. |
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Term
| Intermediate Appellate Court |
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Definition
| An intermediate court (between trial and supreme court) that hears appeals from the trial courts. |
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Definition
| the top court in a state court system; hears appeals from intermediate state courts and certain trial courts. |
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| Established by Congress and have limited jurisdiction. Include: US Tax Court, US Court of Federal Claims, US Court of International Trade, and US Bankruptcy Court |
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| The federal court system's trial courts of general jurisdiction. Every state gets at least one; the number is determined by the population. State of MO is divided into Two districts: US District Court for Eastern District of MO, and US District Court for WD of MO. |
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Term
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Definition
| Federal court system's intermediate appellate courts. The system is divided into 13 circuits. 11 are designated by number, the 12th is called the District of Columbia Circuit. The 13th is the Court of Appeals for the Federal Circuit and has special jurisdiction. We are in the 8th circuit. |
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Term
| Court of Appeals for the Federal Circuit |
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Definition
located in Washington, DC. It has special appellate jurisdiction to review the decisions of:
the Court of Federal Claims,
the Patent and Trademark Office,
and the Court of International Trade. |
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Definition
| Geographical area served by a court. |
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| A petition asking the US Supreme Court to hear one's case. |
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Definition
| An official notice that the Supreme Court will review one's case. |
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Term
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Definition
| A case arising under the USC, treaties, or federal statutes and regulations. No dollar limit |
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Term
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Definition
| A case between (1) citizens of different states, (2) a citizen of a state and a citizen of a foreign country, and (3) a citizen of a state and a foreign country where the foreign coutry is the plaintiff. Case must exceed $75,000 for the court to hear the case. |
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Term
| Subject-matter Jurisdiction |
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Definition
| Jurisdiction over the subject matter of a lawsuit. |
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| To bring a lawsuit, a plaintiff must have some stake in the outcome of the lawsuit. |
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| Jurisdiction over the parties to a lawsuit. |
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| Jurisdiction to hear a case because of jurisdiction over the property of a lawsuit. |
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| Quasi in Rem (attachment) Jurisdiction |
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Definition
| Jurisdiction allowed a plaintiff who obtains a judgment in one state to try to collect the judgment by attaching property of the defendant located in another state. |
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| A statute that extends a state's jurisdiction to nonresidents who were not served a summons within the state. |
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| A concept that requires lawsuits to be heard by the court with jurisdiction. |
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Definition
| A procedure in which the parties to a dispute try to reach a voluntary settlement of their dispute. |
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| An agreement voluntarily entered into by the parties to a dispute that settles the dispute. |
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| Alternative Dispute Resolution (ADR) |
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Definition
| Methods of resolving disputes other than litigation. |
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Definition
| A form of ADR in which the parties choose an impartial third party to hear and decide the dispute. (agreed to in a contract, before a dispute arises) |
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| A form of negotiation in which a neutral 3rd party assists the disputing parties in reaching a settlement of their dispute. (sought after a dispute arises.) |
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Definition
| All USSC Justices agreed on the outcome and reasoning used to decide the case. The case becomes precedent. |
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Term
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Definition
| The majority of the USSC justices agree as to the outcome and reasoning used to decide the case; case becomes precedent. |
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Definition
| A majority of the USSC justices agrees to the outcome but not to the reasoning; the decision is NOT precedent. |
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Definition
| If there is a tie, the lower court's decision stands; the decision is not precedent. |
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Definition
| Justice agrees to the outcome of the case but not the reasoning and writes a concurring opinion explaining his reasoning. |
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| Justice who disagrees to the outcome of a case may write a dissenting opinion setting forth his reasoning. |
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| only federal courts may hear cases involving federal crimes, antitrust, and bankruptcy; patent and copyright issues; suits against the United States; and admiralty cases. State courts may not hear these matters. |
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Definition
| States have concurrent jurisdiction to hear cases involving diversity of citizenship cases and federal question cases over which the federal courts do not have exclusive jurisdiction. The defendant may have the case removed to federal court. |
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| State courts of exclusive or limited jurisdiction |
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Definition
| Restricted to certain topics: Probate, Juvenile Court, and Family Court. Note: not all counties have family courts. |
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| The state is divided into three appellate regions: MO Court of Appeals for the Eastern District (ED), MO App Western District (WD), and MO App Southern District (SD) |
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Definition
| limited to cash only; $3,000 maximum. Appeals go to the Associate Circuit Court. |
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Term
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Definition
| Every county has one- civil matters less than $25,000, all misdemeanors are tried here, all preliminary hearings are held here, and grand juries. Appeals out of the Associate Circuit Court go to the Circuit Court. |
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Term
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Definition
| The chief trial court in MO. The number of circuit courts in a county is based on population. Circuit courts have subject matter jurisdiction over certain things: civil matters of $25,000 or more, all felonies, and all dissolutions of marriage for counties that do not have a family court. Appeals go to MO Court of Appeals (WD, ED, SD) |
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Term
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Definition
| All counties get at least one. The greater the population, the more courts. Distribution of dead people’s assets and is where guardianships are created. Appeals go to the MO Court of Appeals. |
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