QST LA 245 Study Guide - Final Guide: Henry De Bracton, Precedent, Federal-Question Jurisdiction
Document Summary
Henry de bracton established idea of a precedent (requires judges decide current ase based on previous rulings) Accumulation of precedents make up the common law. Establishes the national government with 3 branches. Guarantees many basic rights to the american people. Precedent is only binding only on lower courts. Jurisdiction (court"s power to hear a case) Trial courts of limited jurisdiction vs trial courts of general jurisdiction. Personal jurisdiction (legal authority to require the defendant to stand trial, pay judgement, and the like) Exists if: defendant is resident of the state lawsuit is filed in, defendant takes formal step to defend lawsuit, summons is served, long-arm statute applies. Appellate courts accept facts given to them by trial courts and review the trial record. 2 kinds of civil lawsuits permitted in federal court: federal question case and diversity cases. Federal question case = claim based on constitution, federal statute, or federal treaty.
