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21 Cards in this Set
- Front
- Back
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Appellant |
The party appealing the case |
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Appellee |
The party against whom the appeal is taken |
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Defendant |
The party being sued |
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Precedent |
A decision that furnished an example or authority for deciding subsequent cases involving identical or similar legal principles or facts |
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Plaintiff |
The suing party |
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Stare decisis |
Judges are obligated to follow the precedents established within their jurisdiction |
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Concurrent jurisdiction |
When both federal and state courts have the power to hear a case |
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Diversity of citizenship |
Whenever a federal court has jurisdiction over a case that does not involve a question of federal law |
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Exclusive jurisdiction |
When cases can be tried only in federal courts or only in state courts |
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Federal question |
Whenever a plaintiff's cause of action is based on the US Constitution, a treaty, or a federal law |
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In personam jurisdiction |
Personal jurisdiction |
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In rem jurisdiction |
When a court exercises jurisdiction over property that is located within its boundaries |
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Judicial review |
When the judicial branch determines if a law or action of the other two branches are constitutional |
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Long arm statute |
When a court can exercise personal jurisdiction over certain out of state defendants based on activities that took place within the state |
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Venue |
location of a trial |
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Writ of certiorari |
An order issued by the Supreme Court to a lower court requiring the latter to send it the record of the case for review |
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Affidavit |
Sworn statements by parties or witnesses |
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Cross examination |
When a lawyer questions the opposing teams witness |
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Direct examination |
When a lawyer questions their own witness |
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Hearsay here say |
Out of court statement said by a witness |
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Summons |
A notice requiring the defendant to appear in court and answer the complaint |
