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39 Cards in this Set
- Front
- Back
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jurisdiction
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what court has the right to hear a case.
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exclusive jurisdiction
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cases that can only be heard in Federal Court.
ex. counterfitting |
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concurrent jurisdiction
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a case that can be tried in federal or state court.
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plaintiff
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person who files the lawsuit.
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defendant
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person whom the complaintis against.
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original jurisdiction
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where the case is first held.
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appellate jurisdiction
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where the trial goes after original jurisdiction.
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federal district court
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courts with original jurisdiction over criminal and civil cases.
94 federal district courts |
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how cases reach the Supreme Court
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Writ of Certiorari
or Certificate |
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writ of Certiorari
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asking the Supreme Court to review a case because an error has been made.
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Certificate
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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.
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majority opinion
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A.K.A the courts opinion
or Opinion of the Court |
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dissenting opinion
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writen by jusices who do not agree with the majority opinion.
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concurring opinion
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written to add or emphasize a point that was not made in the majority opinion.
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reasons why the Supreme court would not accept a case
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a precedent has already clarified the decision of your case.
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constitutional courts
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established by the constitution.
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special courts
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established by congress.
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statutory law
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any law made by a legislative body of the U.S. congress
Ex. State Assembly, City Council |
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common law
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a judge made law that is punishable.
11th Century England 1066-Wiliam the Conqerer most common law has been changed tp statutory law. |
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equity law
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-to make equal or fair.
-to prevent something from happening. |
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injuntion
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court order to stop some action temporary or permanent.
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Private law
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dispute between 2 parties.
lawsuit for damage or $$$. domestic relations torts contract property |
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public law
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government and citizens.
international law administrative law constitutional law criminal law |
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#1
order of events |
Investigation
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#2
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Arrest
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#3
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Booking
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#4
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first appearence
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#5
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Set bail at hearing
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#6
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Preliminary hearing
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#7
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Arraignment
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#8
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Plea
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#9
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trial
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#10
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Sentence
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Domestic Relations
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Divorce, custody, Post/Pre nuptual agreement.
Mostly state issues not Federal |
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torts
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a wrongful act which injurs a peron or damages property.
intentional-assult,battery,slander Negligence Strict liability- an accident |
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international law
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the world court
The United Nations 1945 |
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administrative law
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agencies and Depts. of the government and their rules and regulations.
Health Dept. Building Codes |
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Constitutional law
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Laws based on the constitution.
or Supreme court decisions |
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Criminal Law
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Felony-more serious
Misdemeanor-less serious |
