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The Judicial Process (Michigan)

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The Judicial Process (Michigan)

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25 Questions

1. What types of cases are federal courts allowed to hear? Why are they allowed to hear these types of cases and not others?

Accountability-how much voters know about their candidates | Quality-Least accountable may have greater qualityConstitutionality of Law -Cases involving laws or treaties of the US -Ambassadors or public ministers -Disputes between two states -Admiralty law -Bankruptcy cases -Can hear certain types of cases and not others because they can only interpret the law through the resolution of legal disputes.it could mean arrest or prisonIf the case could have been brought into federal court. Defendant has 30 days to petition for removal from time of being served. If no Federal question case may not be removed if any properly joint defendant as citizen of the state in which the action is pending. In removal of div case must exist at two times, first time of filing original action. At the time of petitioning for removal, i.e. one party moves.

2. What were the two criteria mentioned in class to use in comparing methods of judicial selection?

If the case could have been brought into federal court. Defendant has 30 days to petition for removal from time of being served. If no Federal question case may not be removed if any properly joint defendant as citizen of the state in which the action is pending. In removal of div case must exist at two times, first time of filing original action. At the time of petitioning for removal, i.e. one party moves.Accountability-how much voters know about their candidates | Quality-Least accountable may have greater qualityit could mean arrest or prisonConstitutionality of Law -Cases involving laws or treaties of the US -Ambassadors or public ministers -Disputes between two states -Admiralty law -Bankruptcy cases -Can hear certain types of cases and not others because they can only interpret the law through the resolution of legal disputes.

3. When must the request for removal occur? Why? What happens when a request for removal is filed?

it could mean arrest or prisonAccountability-how much voters know about their candidates | Quality-Least accountable may have greater qualityConstitutionality of Law -Cases involving laws or treaties of the US -Ambassadors or public ministers -Disputes between two states -Admiralty law -Bankruptcy cases -Can hear certain types of cases and not others because they can only interpret the law through the resolution of legal disputes.If the case could have been brought into federal court. Defendant has 30 days to petition for removal from time of being served. If no Federal question case may not be removed if any properly joint defendant as citizen of the state in which the action is pending. In removal of div case must exist at two times, first time of filing original action. At the time of petitioning for removal, i.e. one party moves.

4. What happens if one violates an injunction?

Accountability-how much voters know about their candidates | Quality-Least accountable may have greater qualityConstitutionality of Law -Cases involving laws or treaties of the US -Ambassadors or public ministers -Disputes between two states -Admiralty law -Bankruptcy cases -Can hear certain types of cases and not others because they can only interpret the law through the resolution of legal disputes.If the case could have been brought into federal court. Defendant has 30 days to petition for removal from time of being served. If no Federal question case may not be removed if any properly joint defendant as citizen of the state in which the action is pending. In removal of div case must exist at two times, first time of filing original action. At the time of petitioning for removal, i.e. one party moves.it could mean arrest or prison

5. What is 'venue'? Why is it important?

A neighborhood a neighboring place; synonymous with 'place of trial' It refers to the possible or proper place or places for the trial of a suit, as among several places where jurisdiction could be est. See 132 N.W. 2d 394, 308: and 257 F. Supp. 219, 224. 'Jurisdiction deals with the authority of a court to exercise judicial power. Venue deals with the place where that power should be exercised. The parties cannot confer jurisdiction over the subject matter, and the lack thereof may not be waived. Venue, on the other hand, is bottomed on convenience, and improper venue may be waived. Venue 'is the right of the party sued to have action brought and heard in a particular judicial district.' In a criminal trial where the publicity surrounding the crime would virtually preclude a fair trial. The court will direct a change of venue, or removal of the proceedings to a different district or county.Constitutionality of Law -Cases involving laws or treaties of the US -Ambassadors or public ministers -Disputes between two states -Admiralty law -Bankruptcy cases -Can hear certain types of cases and not others because they can only interpret the law through the resolution of legal disputes.If the case could have been brought into federal court. Defendant has 30 days to petition for removal from time of being served. If no Federal question case may not be removed if any properly joint defendant as citizen of the state in which the action is pending. In removal of div case must exist at two times, first time of filing original action. At the time of petitioning for removal, i.e. one party moves.Accountability-how much voters know about their candidates | Quality-Least accountable may have greater quality

6. What is the 'case or controversy' requirement? On what statute is it based?

If the case could have been brought into federal court. Defendant has 30 days to petition for removal from time of being served. If no Federal question case may not be removed if any properly joint defendant as citizen of the state in which the action is pending. In removal of div case must exist at two times, first time of filing original action. At the time of petitioning for removal, i.e. one party moves.Accountability-how much voters know about their candidates | Quality-Least accountable may have greater qualityConstitutionality of Law -Cases involving laws or treaties of the US -Ambassadors or public ministers -Disputes between two states -Admiralty law -Bankruptcy cases -Can hear certain types of cases and not others because they can only interpret the law through the resolution of legal disputes.there is a specific injury resulting from actions of the defendant, based on concrete facts

7. What are the mechanics of the federal judicial selection process? In what ways does the basic process differ between the nomination of district court judges and supreme court justices?

Constitutionality of Law -Cases involving laws or treaties of the US -Ambassadors or public ministers -Disputes between two states -Admiralty law -Bankruptcy cases -Can hear certain types of cases and not others because they can only interpret the law through the resolution of legal disputes.If the case could have been brought into federal court. Defendant has 30 days to petition for removal from time of being served. If no Federal question case may not be removed if any properly joint defendant as citizen of the state in which the action is pending. In removal of div case must exist at two times, first time of filing original action. At the time of petitioning for removal, i.e. one party moves.Accountability-how much voters know about their candidates | Quality-Least accountable may have greater qualityPresident should start thinking and making lists of potential nominees right away ->Names come from Justice Department system of legal policy; FBI exhaustive checks ->Names may then go to ABA to filter through; now very liberal but used to be conservative Ã¢â‚¬Â¢ Republicans less willing to go through ABA o Final choice comes down to the president ->Top advisers will lobby hard for particular nominees ->In lower courts, choices left to top advisers

8. What was the factual situation that led to Marbury v. Madison (1803)? Why is this case important?

Courts are THE authoritative decision makers in our system. - - Jud review held by all courts. State but appealed - - 1800 POTUS Adams and Jefferson. J. Marshall sec of state under Adams. - - Madison new Sec of St didn't finish appointment of Fed appointees (Marbury) - - SCOTUS obtained Judicial review powerAccountability-how much voters know about their candidates | Quality-Least accountable may have greater qualityConstitutionality of Law -Cases involving laws or treaties of the US -Ambassadors or public ministers -Disputes between two states -Admiralty law -Bankruptcy cases -Can hear certain types of cases and not others because they can only interpret the law through the resolution of legal disputes.If the case could have been brought into federal court. Defendant has 30 days to petition for removal from time of being served. If no Federal question case may not be removed if any properly joint defendant as citizen of the state in which the action is pending. In removal of div case must exist at two times, first time of filing original action. At the time of petitioning for removal, i.e. one party moves.

9. In what way might an opinion concurring in the result detract from a majority opinion?

Constitutionality of Law -Cases involving laws or treaties of the US -Ambassadors or public ministers -Disputes between two states -Admiralty law -Bankruptcy cases -Can hear certain types of cases and not others because they can only interpret the law through the resolution of legal disputes.Accountability-how much voters know about their candidates | Quality-Least accountable may have greater qualityIf the case could have been brought into federal court. Defendant has 30 days to petition for removal from time of being served. If no Federal question case may not be removed if any properly joint defendant as citizen of the state in which the action is pending. In removal of div case must exist at two times, first time of filing original action. At the time of petitioning for removal, i.e. one party moves.An opinion concurring in the result could easily become a dissenting opinion and this detract from the majority opinion.

10. What were the seven instruments of judicial power presented in class?

If the case could have been brought into federal court. Defendant has 30 days to petition for removal from time of being served. If no Federal question case may not be removed if any properly joint defendant as citizen of the state in which the action is pending. In removal of div case must exist at two times, first time of filing original action. At the time of petitioning for removal, i.e. one party moves.Constitutionality of Law -Cases involving laws or treaties of the US -Ambassadors or public ministers -Disputes between two states -Admiralty law -Bankruptcy cases -Can hear certain types of cases and not others because they can only interpret the law through the resolution of legal disputes.Accountability-how much voters know about their candidates | Quality-Least accountable may have greater qualityDecisions - Opinions - Orders - Injunction - Declaratory Judgment - Contempt Power - Writ of Habeas Corpus

11. What is the basic court structure of Michigan?

Accountability-how much voters know about their candidates | Quality-Least accountable may have greater quality3 tiered structureConstitutionality of Law -Cases involving laws or treaties of the US -Ambassadors or public ministers -Disputes between two states -Admiralty law -Bankruptcy cases -Can hear certain types of cases and not others because they can only interpret the law through the resolution of legal disputes.If the case could have been brought into federal court. Defendant has 30 days to petition for removal from time of being served. If no Federal question case may not be removed if any properly joint defendant as citizen of the state in which the action is pending. In removal of div case must exist at two times, first time of filing original action. At the time of petitioning for removal, i.e. one party moves.

12. In Iowa, what are the requirements for being selected for the Iowa Court of Appeals?

Accountability-how much voters know about their candidates | Quality-Least accountable may have greater qualityIf the case could have been brought into federal court. Defendant has 30 days to petition for removal from time of being served. If no Federal question case may not be removed if any properly joint defendant as citizen of the state in which the action is pending. In removal of div case must exist at two times, first time of filing original action. At the time of petitioning for removal, i.e. one party moves.same for supreme court,Constitutionality of Law -Cases involving laws or treaties of the US -Ambassadors or public ministers -Disputes between two states -Admiralty law -Bankruptcy cases -Can hear certain types of cases and not others because they can only interpret the law through the resolution of legal disputes.

13. What is the purpose of an opinion? What judges write opinions?

If the case could have been brought into federal court. Defendant has 30 days to petition for removal from time of being served. If no Federal question case may not be removed if any properly joint defendant as citizen of the state in which the action is pending. In removal of div case must exist at two times, first time of filing original action. At the time of petitioning for removal, i.e. one party moves.Constitutionality of Law -Cases involving laws or treaties of the US -Ambassadors or public ministers -Disputes between two states -Admiralty law -Bankruptcy cases -Can hear certain types of cases and not others because they can only interpret the law through the resolution of legal disputes.Opinions help to tell why the judges made the decision they did.Accountability-how much voters know about their candidates | Quality-Least accountable may have greater quality

14. What are the checks states have over federal courts?

Due to the supremacy clause states don't have much of a check.Accountability-how much voters know about their candidates | Quality-Least accountable may have greater qualityConstitutionality of Law -Cases involving laws or treaties of the US -Ambassadors or public ministers -Disputes between two states -Admiralty law -Bankruptcy cases -Can hear certain types of cases and not others because they can only interpret the law through the resolution of legal disputes.If the case could have been brought into federal court. Defendant has 30 days to petition for removal from time of being served. If no Federal question case may not be removed if any properly joint defendant as citizen of the state in which the action is pending. In removal of div case must exist at two times, first time of filing original action. At the time of petitioning for removal, i.e. one party moves.

15. What are 'political questions'? Why don't courts like cases with these political questions?

Constitutionality of Law -Cases involving laws or treaties of the US -Ambassadors or public ministers -Disputes between two states -Admiralty law -Bankruptcy cases -Can hear certain types of cases and not others because they can only interpret the law through the resolution of legal disputes.If the case could have been brought into federal court. Defendant has 30 days to petition for removal from time of being served. If no Federal question case may not be removed if any properly joint defendant as citizen of the state in which the action is pending. In removal of div case must exist at two times, first time of filing original action. At the time of petitioning for removal, i.e. one party moves.Non-justiciability: fourth requisite for standing. Political question is whatever the court says it is essentially though Court believes the question to be one need answered by other two branches. Foreign relations typically an ex. Constitutionality of Vietnam. - - Judicial act v judicial restraint comes into play. - - Sort of exception is some question is somewhat political i.e. suit against govt agency for improper procedures/processesAccountability-how much voters know about their candidates | Quality-Least accountable may have greater quality

16. What were the reasons for having diversity jurisdiction?

If the case could have been brought into federal court. Defendant has 30 days to petition for removal from time of being served. If no Federal question case may not be removed if any properly joint defendant as citizen of the state in which the action is pending. In removal of div case must exist at two times, first time of filing original action. At the time of petitioning for removal, i.e. one party moves.Accountability-how much voters know about their candidates | Quality-Least accountable may have greater qualityConstitutionality of Law -Cases involving laws or treaties of the US -Ambassadors or public ministers -Disputes between two states -Admiralty law -Bankruptcy cases -Can hear certain types of cases and not others because they can only interpret the law through the resolution of legal disputes.Citizens may wish to have diversity jurisdiction so as to get an unbiased ruling

17. What does the term 'civil law' mean (as opposed to common law)? Did any of the states ever use a civil law system? What's another name for this type of system of law?

Accountability-how much voters know about their candidates | Quality-Least accountable may have greater qualityCivil: western based on Napoleonic code predominately. Laws set down by codes of legislature. Conflict is clear via Louisiana being predominately Napoleonic roots v. English Common Law.If the case could have been brought into federal court. Defendant has 30 days to petition for removal from time of being served. If no Federal question case may not be removed if any properly joint defendant as citizen of the state in which the action is pending. In removal of div case must exist at two times, first time of filing original action. At the time of petitioning for removal, i.e. one party moves.Constitutionality of Law -Cases involving laws or treaties of the US -Ambassadors or public ministers -Disputes between two states -Admiralty law -Bankruptcy cases -Can hear certain types of cases and not others because they can only interpret the law through the resolution of legal disputes.

18. What are some types of remedies usually used with equity? Give at least four examples.

If the case could have been brought into federal court. Defendant has 30 days to petition for removal from time of being served. If no Federal question case may not be removed if any properly joint defendant as citizen of the state in which the action is pending. In removal of div case must exist at two times, first time of filing original action. At the time of petitioning for removal, i.e. one party moves.Accountability-how much voters know about their candidates | Quality-Least accountable may have greater qualityConstitutionality of Law -Cases involving laws or treaties of the US -Ambassadors or public ministers -Disputes between two states -Admiralty law -Bankruptcy cases -Can hear certain types of cases and not others because they can only interpret the law through the resolution of legal disputes.injunction - specific performance - equitable estoppel - equitable compensation - interpleader

19. Anthony Kennedy was the next nominee. What were his qualifications? Where had he been a judge?

as conservative as bork but didn't have all the damage.Accountability-how much voters know about their candidates | Quality-Least accountable may have greater qualityConstitutionality of Law -Cases involving laws or treaties of the US -Ambassadors or public ministers -Disputes between two states -Admiralty law -Bankruptcy cases -Can hear certain types of cases and not others because they can only interpret the law through the resolution of legal disputes.If the case could have been brought into federal court. Defendant has 30 days to petition for removal from time of being served. If no Federal question case may not be removed if any properly joint defendant as citizen of the state in which the action is pending. In removal of div case must exist at two times, first time of filing original action. At the time of petitioning for removal, i.e. one party moves.

20. Sociological: Legal Realism, Judges are human so they strive for objectivity but it is pure myth according to Spaeth.

Constitutionality of Law -Cases involving laws or treaties of the US -Ambassadors or public ministers -Disputes between two states -Admiralty law -Bankruptcy cases -Can hear certain types of cases and not others because they can only interpret the law through the resolution of legal disputes.If the case could have been brought into federal court. Defendant has 30 days to petition for removal from time of being served. If no Federal question case may not be removed if any properly joint defendant as citizen of the state in which the action is pending. In removal of div case must exist at two times, first time of filing original action. At the time of petitioning for removal, i.e. one party moves.Accountability-how much voters know about their candidates | Quality-Least accountable may have greater quality1921 SCOTUS Justice Cardozo 'logic and history custom and utility ...Look up on line.

21. How many federal district courts are there in each state (the range)? How many are there in Michigan and Iowa? What are their names?

Each state has between one and four federal district courts - -Michigan has 2 (East and West) - -Iowa has 2 (North and South) - - New York has 4. 94 total fed district courts. - - Each fed district has a us attorney assigned to it but only 93 US Attorney so one shares Guam and n Mariana islands.Accountability-how much voters know about their candidates | Quality-Least accountable may have greater qualityIf the case could have been brought into federal court. Defendant has 30 days to petition for removal from time of being served. If no Federal question case may not be removed if any properly joint defendant as citizen of the state in which the action is pending. In removal of div case must exist at two times, first time of filing original action. At the time of petitioning for removal, i.e. one party moves.Constitutionality of Law -Cases involving laws or treaties of the US -Ambassadors or public ministers -Disputes between two states -Admiralty law -Bankruptcy cases -Can hear certain types of cases and not others because they can only interpret the law through the resolution of legal disputes.

22. Judicial Restraint: judicial interpretation that encourages judges to limit exercise of their own power.

Constitutionality of Law -Cases involving laws or treaties of the US -Ambassadors or public ministers -Disputes between two states -Admiralty law -Bankruptcy cases -Can hear certain types of cases and not others because they can only interpret the law through the resolution of legal disputes.If the case could have been brought into federal court. Defendant has 30 days to petition for removal from time of being served. If no Federal question case may not be removed if any properly joint defendant as citizen of the state in which the action is pending. In removal of div case must exist at two times, first time of filing original action. At the time of petitioning for removal, i.e. one party moves.Accountability-how much voters know about their candidates | Quality-Least accountable may have greater qualityConservative judges would be more likely to practice judicial restraint. Cannot trust reps of the majority to protect these rights, as they may just be trying to expand their branch/parties influence.

23. What does it mean for something to be considered a 'bona fide dispute'? Give an example of a dispute that is not bona fide.

is based on good faith meaning an innocence or lack of knowledge of any fraud - e.g. a collusive agreement for exampleIf the case could have been brought into federal court. Defendant has 30 days to petition for removal from time of being served. If no Federal question case may not be removed if any properly joint defendant as citizen of the state in which the action is pending. In removal of div case must exist at two times, first time of filing original action. At the time of petitioning for removal, i.e. one party moves.Constitutionality of Law -Cases involving laws or treaties of the US -Ambassadors or public ministers -Disputes between two states -Admiralty law -Bankruptcy cases -Can hear certain types of cases and not others because they can only interpret the law through the resolution of legal disputes.Accountability-how much voters know about their candidates | Quality-Least accountable may have greater quality

24. What is criminal contempt and when is it used?

If the case could have been brought into federal court. Defendant has 30 days to petition for removal from time of being served. If no Federal question case may not be removed if any properly joint defendant as citizen of the state in which the action is pending. In removal of div case must exist at two times, first time of filing original action. At the time of petitioning for removal, i.e. one party moves.Accountability-how much voters know about their candidates | Quality-Least accountable may have greater qualityConstitutionality of Law -Cases involving laws or treaties of the US -Ambassadors or public ministers -Disputes between two states -Admiralty law -Bankruptcy cases -Can hear certain types of cases and not others because they can only interpret the law through the resolution of legal disputes.is meant to protect the dignity of the court and punishment of a past crime - used when you:swear in court, perjure yourself, evasive

25. What does it mean to say that an injury is irreparable? Give an example. Give an example different from the one given in class.

If the case could have been brought into federal court. Defendant has 30 days to petition for removal from time of being served. If no Federal question case may not be removed if any properly joint defendant as citizen of the state in which the action is pending. In removal of div case must exist at two times, first time of filing original action. At the time of petitioning for removal, i.e. one party moves.no monetary compensation can cure or put conditions back the way they were. - cutting down trees or polluting a streamAccountability-how much voters know about their candidates | Quality-Least accountable may have greater qualityConstitutionality of Law -Cases involving laws or treaties of the US -Ambassadors or public ministers -Disputes between two states -Admiralty law -Bankruptcy cases -Can hear certain types of cases and not others because they can only interpret the law through the resolution of legal disputes.

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25 Questions

❤ If you liked Fatskills, consider supporting us by checking out The Life Manuals You Never Got.

About | Explore | User Guide | Topics | Subjects | Doubt Solver | Career Aptitude Test | Answers | Free Tools | OSHA Basics Quiz | What Should We Know? Privacy | Terms |

Without work one finishes nothing. - Ralph Waldo Emerson© 2026 Fatskills.com

All trademarks, logos and brand names are the property of their respective owners. All company, product and service names used in this website are for identification purposes only. Use of these names, trademarks and brands does not imply endorsement.

About | Explore | User Guide | Topics | Subjects | Doubt Solver | Career Aptitude Test | Answers | Free Tools | OSHA Basics Quiz | What Should We Know?
Privacy | Terms |

Without work one finishes nothing. - Ralph Waldo Emerson
© 2026 Fatskills.com