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13 Cards in this Set

  • Front
  • Back

Judicial review

The process by which a court decides on the consitutionally of legislative enactments and actions of the executive branch. Checks other two branches are consitutional.

Jurisdiction

The authority of a court to hear and decide a specific case.

Long arm statute

A state statute that permits a state to excerise jurisdiction over non resident defendents

Marbury vs maddison -outline

Marbury and 3 others had nt been delivered writ if manfamums before maddison had taken over. If marshal ordered madison to deliver them he could refuse thus eroding his power however he couldnt do nothing.

Marbury v maddison -decision

Affirmed the courts power of judicial review. He read consitution and decided that the highest courts didnt have power to issue a mandanus. Nothing had to be done. Judicial and politial masterpiece.

Standing to sue

The legal requirement that an individual must have a sufficient stake in a controversial before he or she can bring a lawsuit.

Justiciable controversey

A controversy that is not hypothetical or academic but real and substantative, a requirement that must be satisfied before a court will hear the case.

Motion for summary judgement

Request for the court to rule that the other party has no case thus either it shouldnt go before a jury at all or the judge rule in favor of the moving party.

Statute of limitations

A statue prescribing a period of limitations for the brining of certain types of legal action.

Trial courts

Court where cases are trialed in the first place as opposed to an appeal court.

Appellate courts

When a court is trialed in trial courts it can then be appealed in the appellate courts or the court of appeals.

Alternative dispute resolution

Means of other methods of resooving disputes such as mediation and arbitration.

Mediation

A third person helps the people work through their problems.