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CHAPTER 2
COURTS AND COURT PROCEDURE
Answers to Learning Objectives
1. The function of the courts is to declare and apply judicial precedents and to interpret the laws
passed by the legislative branch of government.
2. In our society, courts are bound by decisions of higher appellate courts. Therefore appellate
Lesson Outline
1. It is the function of courts to interpret and apply the law to a given situation.
2. The power or authority each court has to hear cases is called its jurisdiction. Courts must
have jurisdiction over the subject matter of the case and over the person of the parties. The
location in a court system in which the case is tried is called the venue.
d. U.S. Supreme Court
6. Special federal courts include the Court of International Trade and the United States Claims
Court.
7. Federal district courts are by far the largest class of federal courts.
8. Federal courts of appeals hear appeals from federal district courts.
9. The U.S. Supreme Court, for the most part, hears cases appealed from the federal courts of
appeals.
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11. The state inferior courts include those of a very limited jurisdiction, and may be called justice
courts, district courts, magistrate courts, county courts, small claims courts, or municipal
courts.
appeals.
14. Special courts include probate courts, juvenile courts, and domestic relations courts.
15. The court officers include:
a. A judge, justice of the peace, or magistrate, who is the chief officer
b. The sheriff, constable, bailiff, or marshal, who is the executive officer
c. Lawyers or attorneys, who represent the plaintiff and the defendant
16. The parties in a civil action are the plaintiff, who brings the action, and the defendant, against
whom the action is brought.
a. The complaint or petition is filed with the clerk of the court.
b. The defendant is subjected to the power of the court by means of a summons.
Comments on Cases
(p. 12) Since nothing relating to Cheap Escape’s claim against Haddox occurred in Franklin
County, Franklin County Municipal Court lacked subject matter jurisdiction over the
matter. The court pointed out that parties, by contract, could not get around the lack of
contacts needed for subject matter jurisdiction in the municipal court. Cheap Escape Co.,
Inc. v. Haddox LLC, 2008 WL 5234374 (OH)
Chapter 2 Courts and Court Procedure
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Answers to Questions
(Page 20)
1. The chief function of the courts is to interpret and apply the law from whatever source to a
given situation.
c. An allegation that a court had made a mistake would be heard in an appellate court.
d. A controversy among cousins regarding their share of a deceased grandparent’s estate
would be decided in a probate court.
e. A child custody case would be handled by a domestic relations court.
f. A damage suit for $7,500 would be settled in a trial court.
5. Courts of original general jurisdiction are referred to as courts of record because an official,
permanent record is kept of the trial showing the testimony, evidence, statements of
counsel and the judge, the judgment, and the findings of the court.
c. In a federal court, the chief officer is the judge, the executive officer is the marshal, and
the recorder is the clerk of the court.
8. It is important to comply with procedural laws because if they are not followed the case can
be lost and the decision will be as final as if it was decided on the merits of the case.