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12 Cards in this Set
- Front
- Back
Judicial Review
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whether the laws/ actions of other 2 branches are constitutional.
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Structure of Federal Court System
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Fed Dist Ct (one per St.) U.S Ct of app (petition for writ of certiorari) U.S supreme Ct.
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Structure of State Court System
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Trial Ct of general jurisdiction intermediate Ct of app St. Supreme Ct. (petition for writ of Certiorari) U.S Supreme Ct.
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Subject Matter Jurisdiction
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“What Ct. can hear this kind of case?”
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Personal Jurisdiction
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jurisdiction over any person or business in certain geographic area (ex: St trial Ct. had jurisdiction over residents/ businesses of certain county or district)
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Venue
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“what is most appropriate location for trial?”
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Standing to Sue
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stake” in the matter to justify seeking relief through Ct. system. Must have legally protected/ tangible interest at stake in the litigation
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Diversity Jurisdiction
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applies whenever a Fed Ct. had Jurisdiction over a case that does not involve a question of federal law. And original jurisdiction right of the Ct.
2 requirements: 1) Plaintiff and defendant must me residents of diff states. 2) dollar amt in controversy must exceed $75,000 |
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Federal Question Jurisdiction
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whenever a plaintiffs cause of action is based, atleast in part on the US constitution, a treaty, or a federal law, a Fed question arises. A case based on federal question, a fed Ct. will apply a federal law.
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Alternative Dispute Mechanisms
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consist of negotiation, Mediation, Arbitration, early neutral case evaluation, Mini-trial, Summary Jury Trial
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Affirmative defense
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accepts allegations, but brings new info to case to show that defendant should not be held liable for damages
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Long arm statute
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Ct. can exercise personal jurisdiction over out of state defendants based on activities that took place in that state
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