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MIE 305 Exam 1 Chapter 2 (1).
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MIE 305 Exam 1 Chapter 2 (1).
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MIE 305 Exam 1 Chapter 2Judicial Federalism?! - ANS-State courts= state laws, emanating from the general police power
or state constitutions; federal courts= federal laws form U.S. code, CFR, federal constitutional
issues.
How would you characterize the respective caseloads of civil and criminal courts in the US? -
ANS-Civil courts see considerably more action... generally civil cases (private law matters), due
to general police powers.
state courts too... receive considerably more action.
What's the difference between jurisdiction and venue? - ANS-Jurisdiction- the court's power or
authority to conduct trials & decide cases." AND a set of conditions regarding place or subject of
dispute that enable a certain court or court system to resolve the case.
Venue- where the trial is held... quite important... can have to do with the particulars of the case.
Venue is literally where the case will be held as in state, or city, or whatever, jurisdiction is who
is going to hear the case, what court?
on this note lets remember the *long arm statute* because it was brought up in class a bit: a
state statute that permits a state to exercise jurisdiction over nonresident defendants
What are geographical and subject matter jurisdiction? - ANS-Geographical- who has the power
to hear the case, based on where action occurred jurisdictionally.
You can't be litigated for a an Arizona speeding ticket in a California court.
Subject Matter- What's the nature of the case, what's being discussed. What's of concern.
"General Jurisdiction" courts can hear almost any case.
"traffic court" for example, is a limited jurisdiction court on the basis of subject matter.
What are the basic structures of state and the federal judicial systems? - ANS-State (in order):
Supreme Court, Intermediate Reviewing Courts, Trial Court (general jurisdiction), All inferior trial
courts below that (probate, traffic, small claims, etc)
Federal ( in order): Supreme Court of the U.S., U.S. Court of Appeals (13 circuits), U.S. District
Courts (94 total, must be completely within their state, but don't have to be based on
population).
Appeal of Right: you have a constitutional right to this appeal, for various reasons.
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