Exam 3: Court Organization

In determining whether there is a diversity of citizenship between the plaintiff and defendant so that the case may be litigated in a federal district court, the court looks to the parties' citizenship at the time of the occurrence (accident) that gave rise to the action.

DEFINE -venue

An appellate court will not "second guess" the trial court's resolution of disputed fact issues if there is some evidence to support the trial court's conclusion.

In what federal circuit is your federal district court located?

To directly challenge the court's jurisdiction over his or her person, the defendant must:

May the legislature abridge a court's authority to interpret and apply statutes of the state?

May courts that have "general jurisdiction" handle cases outside their territo- rial limits?

Why is a court's jurisdiction limited to the geographical area of the govern- ment that created it?

What does it mean that a court is a court of record?

Does a party have a right to appeal to the United States Supreme Court? If so, under what conditions? If not, why not?

DEFINE -trial de novo

If a party loses a case in a federal district court, to what court may that party appeal?

DEFINE -personal jurisdiction

The absence of personal jurisdiction is an affirmative defense that may be waived either intentionally or inadvertently.

What is the difference between venue and jurisdiction?

State legislatures may change the structure and functions of state courts through legislation.

A foreign corporation will not necessarily be subject to personal jurisdiction:

Why do small claims courts discourage lawyers from appearing in cases in their courts?

Municipal and county courts are courts of record, and therefore are courts of general jurisdiction.

When may subject matter jurisdiction be challenged?