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23 Cards in this Set
- Front
- Back
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civil procedure
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The body of law - usually rules enacted by the legislature or courts - governing the methods and practices used in civil litigation
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substantive law
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the part of the law that creates, defines, and regulates the rights, duties, and powers of parties
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procedural law
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the rules that prescribe the steps for having a right or duty judicially enforced, as opposed to the law that defines the specific rights or duties themselves
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federal
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of or relating to a system of associated governments with a vertical division of governments into national and regional components having different responsibilities; especially of or relating to the national government of the US
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federal law
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the body of law consisting of the US constitution, federal statutes and regulations, US treaties, and federal common law
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state
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an institution of self-government within a larger political entity; especially one of the constituent parts of a nation having a federal government as in the fifty states
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state law
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a body of law in a particular state consisting of one or more judges who sit to adjudicate disputes and administer justice
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trial court
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A court of original jurisdiction where the evidence is first received and considered - also termed "court of first instance"
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district court
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a trial court having jurisdiction within its judicial district (abbreviated DC)
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circuit court
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A court usually having jurisdiction over several counties, districts, or states, and holding sessions in all those areas
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appellate court
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a court with jurisdiction to review decisions of lower courts or administrative agencies - aka appeals court, appeal court, court of appeals, court of appeal, court of review
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court of appeals
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the name for an intermediate appellate court except in NY and Maryland where the highest appellate court within the jurisdiction is referred to as the court of appeals
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court of last resort
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the court having the authority to handle the final appeal of a case, such as the US Supreme Court
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federal court
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a court having fed. jurisdiction including the USSC, courts of appeals, district courts, bankruptcy courts, and tax courts aka US court
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inferior court
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any court that is subordinate to the chief appellate tribunal within a judicial system
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removal
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the transfer of an action from state to federal court
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jurisdiction
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a court's power to decide a case or issue a decree. A geographic area within which political authority may be exercised
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personal jurisdiction
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A court's power to bring a person into it adjudicative process; jurisdiction over a defendant's personal rights, rather than merely over property interests. Also termed in personam jurisdiction; jurisdiction in personam; jurisdiction of the person; jurisdiction over the person
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specific jurisdiction
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jurisdiction that stems from the defendant's having certain minimum contacts with the forum state so that the court can hear a case whose issues arise from those minimum contacts
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in rem jurisdiction
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a court's power to adjudicate the rights to a given piece of property, including the power to seize and hold it
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quasi-in-rem jurisdiction
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jurisdiction over a person but based on that person's interest in property located within the court's jurisdiction
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subject matter jurisdiction
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jurisdiction over the nature of the case and the type of relief sought
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diversity jurisdiction
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a federal court's exercise of authority over a case involving parties from different states and an amount in controversy greater than a statutory minimum (now 75k) 28 USCA sec 1332
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