Test Prep This preview shows page 5 - 6 out of 6 pages. __________ jurisdiction refers to the lawful authority of a court to review a decision made by a lower court; the lawful authority of a court tohear an appeal from a judgment of a lower court.Question options:AppellateHierarchicalSubject matter Originalion5 / 5poinWhich consists of the first ten amendments? Get answer to your question and much more The __________ has grown into a non-profit think tank that helps courts and criminal justice agencies aid victims, reduce crime, and improvepublic trust in justice.poin Get answer to your question and much more In the United States we have a __________ that separates federal and state court systems. Get answer to your question and much more Judicial Process (CJ350) Exam 1:100/100 - 100 %dual court systemfederalist statepluralist court systemion5 / 5poinWhich of the following is NOT one of the three main functions of the court?Question options:Resolving disputesCreating public safety programsProtecting individualsUpholding the lawion5 / 5poin __________ due process is concerned with protecting people's life, liberty, and property rights. Get answer to your question and much more End of preview. Want to read all 6 pages? Upload your study docs or become a Course Hero member to access this document Judicial review is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body. In other words, judicial reviews are a challenge to the way in which a decision has been made, rather than the rights and wrongs of the conclusion reached. It is not really concerned with the conclusions of that process and whether those were ‘right’, as long as the right procedures have been followed. The court will not substitute what it thinks is the ‘correct’ decision. This may mean that the public body will be able to make the same decision again, so long as it does so in a lawful way. If you want to argue that a decision was incorrect, judicial review may not be best for you. There are alternative remedies, such as appealing against the decision to a higher court. Examples of the types of decision which may fall within the range of judicial review include:
Chapter 2 Courts and Alternative Dispute Resolution IMPORTANT:� The Power of judicial review is NOT mentioned in the Constitution.� Rather, it was established in the watershed case of Marbury v. Madison .� In that case, the court stated �It is emphatically the province and duty of the Judicial Department to say what the law is� If two laws conflict with each other, the courts must decide on the operation of each�� The Role of the Courts As part of government, their role is to interpret the law and to determine whether laws are constitutional.�� This is called judicial review. Basic Judicial Requirements Before a lawsuit can be heard, several requirements must be met. 1. Jurisdiction 2. Venue 3. Standing to Sue Jurisdiction is the authority of a court to hear and decide a specific action.� It is based on the case of Marbury v. Madison, which basically held that the judiciary had the right and power to determine whether the laws and actions of the other two divisions (legislature, executive) are constitutional. Types of Jurisdiction include:
Lets look a little closer at some of them: Personal Jurisdiction Personal (or in personam) jurisdiction is a geographic concept. Courts have personal jurisdiction over persons residing in or doing business within a particular county, district, state or country. All states, including the federal government, have one or more long arm statutes.� These laws dictate under what terms a nonresident person or entity , who would not otherwise be subject to the courts jurisdiction, may nonetheless be required to appear before the court. The classic example is child support nonpayment by an ex-spouse who lives in another state.� Despite living in this other state, Texas could reach the laggard paying ex-spouse. The key to whether a nonresident will be subject to a court�s jurisdiction is the quantity and nature of the nonresident�s contacts with the state within the court sits.� In other words, the concept of minimum contacts, and the stream of commerce notions. Review Case 2.1, Cole v. Mileti Notice the result is not based solely on �I was �never� in the state� type of reasoning.� In the old days this might have worked, but not with new technology considerations. A related concept is jurisdiction over property (in rem), where the court has jurisdiction over the property within the county, district or state. Using in rem jurisdiction, the courts can get quasi in rem jurisdiction over individuals due to their property being in the court�s jurisdiction. � Subject Matter Jurisdiction. A court�s subject mater jurisdiction is usually defined by the statute or constitution creating the court. In both federal and state court systems, a trial courts subject matter jurisdiction may be limited by:
A court limited by one or more of these factors is considered to have limited jurisdiction, otherwise, the court has general (unlimited) jurisdiction. Consider the various special courts, such as probate, criminal courts, family courts, admiralty, patents, etc. When one or more courts (federal and/or state) have subject matter jurisdiction over the same dispute, these courts are said to have concurrent jurisdiction.� When a case may be tried only in a certain court (state or federal), the court is said to have exclusive jurisdiction. Jurisdiction of Federal Courts. Federal Question Jurisdiction arises if a case involves an alleged violation of the US Constitution, federal statute or regulation, or a treaty between the US and a foreign county(ies). Diversity Jurisdiction of a federal court arises if:
For purposes of diversity jurisdiction, a corporation is a citizen of both the state of incorporation and the state of its principal place of business. Venue and Standing Jurisdiction deals with whether a court has the authority to hear a case involving specific persons or property and subject matter.� Two other concepts of importance are venue and standing.� Merely because a court may have jurisdiction dos not mean it has venue. Venue:� within a particular jurisdiction, the most appropriate location for a trial to be held and from which a jury will be selected.� If I had a wreck in Houston, it wouldn�t make much sense to have the trial in El Paso, would it? Standing to Sue: an individual or entity must have a sufficient stake in the controversy before they may bring suit.� This is a legally protected and tangible interest. Whether standing exists, in turn, will depend in part on whether there is a justiciable controversy- that is, where it is real and substantial, not moot, hypothetical, or academic.� (In other words, there must be actual damage, not hypothetical damages yet to occur, no matter how probable they might be.). State Court Systems Basically three tiered.�� Trial� -�� Appellate -�� Supreme Court Appellate courts (intermediate and supreme) typically limit their review to questions of law and procedure, rather than questions of fact, which generally are the domain of the trial court. TEXAS COURTS AND APPEALS
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������������������ ������������������ ������������������ Municipal Courts����������������������������������� Justice of Peace Courts In general, the appeals go up to the Texas Ct. of Appeals and then to the Texas Supreme court if a civil action or the Texas Ct of Criminal Appeals if criminal.� If a death penalty is involved, the appeal is direct to the Texas Ct. of Criminal appeals. Federal Court System: Basically three tiered.� The US District courts are the trial courts, and they cover a district. The US Court of Appeals are divided in 13 courts, Texas is in the 5th Court of Appeals. The US Supreme Court is the supreme court of the land, even over STATE supreme (or highest) courts. The US Supreme Court hears appeals based on a writ of certiorari (cert).� In order to hear the case and have the lower court bring it up, 4 of 9 justices must vote to hear it.� If the court doesn�t hear the case does not mean they approve the ruling of the lower court, merely they chose not to review it. Alternative Dispute Resolution (ADR) ADR types
Which of the following refers to the lawful authority of a court to review a decision made by a lower court?Judicial review is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body.
Which of the following refers to the lawful authority of a court to hear?jurisdiction - (1) The legal authority of a court to hear and decide a case.
Which of the following refers to the lawful authority of a court to hear or to act on a case from its beginning and to pass judgment on the law and the facts quizlet?Original jurisdiction is the lawful authority of a court to hear or to act on a case from its beginning and to pass judgment on the law and the facts.
Which of the following is the lawful authority of a court to hear a case from onset to judgment on the law and the facts?Jurisdiction: Power and authority of a court to hear and make a judgment in a case. Juror: Member of a jury. Jury Charge: The judge's formal instructions on the law to the jury before it begins deliberations. Juvenile Court: Also called Superior Court for Juvenile Matters.
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Which refers to the lawful authority of a court to review a decision made by a lower court?
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