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39 Cards in this Set

  • Front
  • Back
jurisdiction
what court has the right to hear a case.
exclusive jurisdiction
cases that can only be heard in Federal Court.

ex. counterfitting
concurrent jurisdiction
a case that can be tried in federal or state court.
plaintiff
person who files the lawsuit.
defendant
person whom the complaintis against.
original jurisdiction
where the case is first held.
appellate jurisdiction
where the trial goes after original jurisdiction.
federal district court
courts with original jurisdiction over criminal and civil cases.

94 federal district courts
how cases reach the Supreme Court
Writ of Certiorari
or
Certificate
writ of Certiorari
asking the Supreme Court to review a case because an error has been made.
Certificate
A lower court is not clear about a procedure or a rule of law.The lower cort asks the supreme court to answer a specific question.
majority opinion
A.K.A the courts opinion
or
Opinion of the Court
dissenting opinion
writen by jusices who do not agree with the majority opinion.
concurring opinion
written to add or emphasize a point that was not made in the majority opinion.
reasons why the Supreme court would not accept a case
a precedent has already clarified the decision of your case.
constitutional courts
established by the constitution.
special courts
established by congress.
statutory law
any law made by a legislative body of the U.S. congress

Ex. State Assembly, City Council
common law
a judge made law that is punishable.
11th Century England 1066-Wiliam the Conqerer

most common law has been changed tp statutory law.
equity law
-to make equal or fair.
-to prevent something from happening.
injuntion
court order to stop some action temporary or permanent.
Private law
dispute between 2 parties.
lawsuit for damage or $$$.
domestic relations
torts
contract property
public law
government and citizens.
international law
administrative law
constitutional law
criminal law
#1
order of events
Investigation
#2
Arrest
#3
Booking
#4
first appearence
#5
Set bail at hearing
#6
Preliminary hearing
#7
Arraignment
#8
Plea
#9
trial
#10
Sentence
Domestic Relations
Divorce, custody, Post/Pre nuptual agreement.

Mostly state issues not Federal
torts
a wrongful act which injurs a peron or damages property.
intentional-assult,battery,slander
Negligence
Strict liability- an accident
international law
the world court
The United Nations 1945
administrative law
agencies and Depts. of the government and their rules and regulations.
Health Dept.
Building Codes
Constitutional law
Laws based on the constitution.
or
Supreme court decisions
Criminal Law
Felony-more serious
Misdemeanor-less serious