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20 Cards in this Set
- Front
- Back
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judicial review |
enables the judicial branch to act as a check on the other two branches of government |
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jurisdiction |
"the power to speak the law" |
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in personam jurisdiction |
(personal jurisdiction) over any person or business that resides in a certain geographic area |
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in rem jurisdiction |
"jurisdiction over the thing" |
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long arm statute |
Under this, a court exercise personal jurisdiction over certain out-of-state defendants based on activities that took place within the state |
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bankruptcy court |
a federal court of limited subject-matter jurisdiction that handles only bankruptcy proceedings |
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federal question |
when a plaintiff's cause of action is based on the U.S. Constitution, a treaty, or a 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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concurrent jurisdiction |
when both federal and state courts have the power to hear a case |
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standing to sue |
sufficient sake in a matter to justify seeking relief through the court system |
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writ of certiorari |
an ordered issue 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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rule of four |
when the Court will not issue a writ unless at least 4/9 justices approve of it |
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litigation |
the process of resolving a dispute through the court system |
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Alternative dispute resolution |
means of settling disputes |
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negotiation |
a process in which the parties attempt to settle their dispute informally, with or without attorneys to represent them. |
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mediation |
neutral 3rd party acts as a mediator and works with both sides of the dispute to facilitate a resolution |
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arbitration |
an arbitrator hears a dispute and imposes a resolution on the parties |
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award |
arbitrator's decision |
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arbitration clause |
species that any dispute arising under the contract will be resolved through arbitration rather than through the court system |
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AAA american arbitration association |
major provider of ADR services |
