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31 Cards in this Set
- Front
- Back
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Limited-jurisdiction trial court |
A court that hears matters of a specialized or limited nature |
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General-jurisdiction trial court (court of record) |
A court that hears cases of general nature that is not within the jurisdiction of limited jurisdiction trial courts. Testimony and evidence at trial are recorded and stored for future reference. |
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Intermediate appellate court (appellate court or court of appeals) |
The court that hears appeals from trial courts |
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Highest state court |
The highest court in a state court system it hears appeals from intermediate appellate state courts and certain trial court |
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Special federal courts |
Federal courts that hear matters of specialized or limited jurisdiction |
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US Court of Appeals |
The federal court systems intermediate appellate courts |
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US Court of Appeals for the Federal Circuit |
The US Court of Appeals in Washington DC that has special appellate jurisdiction to review the decisions of the Court of Federal Claims the Patent and Trademark Office and court of international trade |
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Supreme Court of the United States US Supreme Court |
The highest court in the United States located in Washington DC the Supreme Court was created by article 3 of the US Constitution |
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Petition for certiorari |
A petition asking the Supreme Court to hear a case |
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Writ of certiorari |
An official notice that the Supreme Court will review a case |
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Federal question case |
A case arising under the US Constitution treaties or federal statutes and regulations |
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Diversity of citizenship |
A means for bringing a lawsuit in federal court that involved in on federal question if the parties are citizens of different states or a citizen of a state and a citizen or subject of a foreign country |
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Standing to sue |
Having some stake in the outcome of a lawsuit |
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In personam jurisdiction personal jurisdiction |
Jurisdiction over the parties to a lawsuit |
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Service of process |
The summons being served on a defendant to obtain personal jurisdiction over him or her |
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Long arm statute |
A statute that extends the state's jurisdiction to non residents who were not served a summons within the state |
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In rem jurisdiction |
Jurisdiction to hear a case because of jurisdiction over the property of the lawsuit |
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Quasi in rem jurisdiction attachment jurisdiction |
Jurisdiction that allows a plaintiff who obtains a judgment in one state to try to collect the judgment by attaching the defendant's property located in another state |
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Venue |
The concept that requires lawsuits to be heard by the court with jurisdiction that is nearest the location in which the incident occurred or where the party's reside |
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Forum selection clause choice of forum clause |
A contract provision that designates a certain court to hear any dispute concerning the performance of the contract |
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Choice of law Claus |
A contract provision that designates a certain States or country's law that will be applied in any dispute concerning the performance of the contract |
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Zippo manufacturing company vs. Zippo.com Inc |
An important case that established a test for determining when a court has jurisdiction over the owner or operator of an interactive semi interactive or passive website |
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Administrative agencies |
Agencies created by governments to enforce regulatory statutes |
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Administrative law |
Law that governments and act to regulate industries businesses and professionals |
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Federal administrative agencies |
Federal administrative agencies created by the US Congress |
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State administrative agencies |
Agencies created by legislative branches of states to administer state regulatory laws |
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Local administrative agencies |
Agencies created by cities municipalities counties to administer local regulatory laws |
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Cabinet level department |
Federal departments that advise the president in a responsible for enforcing specific administrative statutes enacted by Congress |
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Substantive rule |
A rule issued by an administrative agency that has the force of law and to which covered persons and businesses must adhere |
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Administrative Procedure Act APA |
A federal statute that establishes procedures for federal administrative agencies to follow while conducting their affairs |
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Administrative law judge ALJ |
Employee of an administrative agency who presides over an administrative proceedings and decides questions of law and facts concerning a case |
