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15 Cards in this Set
- Front
- Back
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appeal
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the right of the litigation parties to have the legal decisions of the trial judge reviewed by an appeallate court
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appellate court
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a court that decides whether a trial judge has made a mistake of law
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courts of appeal
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a court that reviews decisions by lower courts
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diversity of citizenship
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the plaintiffs filing a lawsuit must be from states different from those of the defendats, along with over $75.,000 at stake is one method a federal court gains jurisdiction over the subject matter of a lasuit
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federal questions cases
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litigation involving the application or interpretation of the federal Constitution, federal statutes, federal treaties, or federal administrative agencis. the federal court system has subject matter jurisdiction over these issues
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Federal Rules of Civil Procedure
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a law passed by Congress that provides the procedural steps to be followed by the federal courts when handling civil litigation
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judicial activism
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an activist judge tends to abide by the following judicial philosophies. 1 - the political process canot adequately handle society's difficult issues. 2 - the courts can crrect society's ills through the decision-mking process. 3 - following precedent is not crucial 4- judge-made law is often necessary to carry outthe legislativeintent of the law
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judicial restraint
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a judge who abies by the judicial restraint philosophy believes in 1 - that the political process and not the courts sshould correct society's ills 2 decides an issue on a narrow basis if possible, 3 follows precedent whenever possible, 4 does not engage in judge-made law but interprets th letter of the law
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judicial review
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the power of courts to declare laws enacted by legislative bodies and actions by the executive branch to beunconstitutional
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petit jury
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the fact-finding body during a trial
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small claims court
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a court of limited jurisdiction, usually able to adjudicate claims up to a certain amount, $5000, depending on the state
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subject matter jurisdiction
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the authority of a court to hear cases involving specific issues of law
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supreme court
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the highest appellate court
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trial court
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the level of any court system that initially resolves the dispute of litigants. frequently but not always, a jury serves as a fact-finding body while the judge issues rulings on the applicable law
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writ of certiorari
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a discretionary proceeding by which an appellate court may review the ruling of an inferior tribunal
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