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24 Cards in this Set
- Front
- Back
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What are the 5 sources of Law?
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1. U.S Constitution
2. Statues 2. Common law 4. Administrative Law 5. Treaties |
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The U.S. Constituion
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The Supreme Law of the Land/foundation of the entire legal system. Sets forth certain basic rights of the people that cannot be taken away & defines the powers of the governmental authority.
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Federal Courts have what level of Jurisdiction?
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Limited Jurisdiction.
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What 3 levels of courts the Federal Courts consist of?
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1. Supreme Court
2. Circuit Courts 3. District Courts |
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What does Common Law mean?
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laws that are widely understood to have been developed through court decisions rather than through statutes. The law is created and/or refined by judges:
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What does Jurisdiction mean?
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Authority of a court to hear and determine cases.
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What is Appellate Court?
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Court having authority to review the law applied by a lower court in the same case. In most instances, the trial court first decides a lawsuit, with review of its decision then available in an appellate court. Examples of appellate courts are the U.S. Court of Appeals and U.S. Supreme Court.
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What does "stare decisis" stand for/mean?
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Latin phrase, meaning ‘stand by past decisions’and/or "Let the decision stand." Foundation of legal application of precedent, where a judicial decision on one case applies to all cases with similar principles.
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What is Trial Court?
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Court of original jurisdiction, where matters are to be litigated first and where all evidence relative to a cause is received and considered. A trial court determines both the facts and the law in a particular case.
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What is Administrative Law?
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Law regulating the powers, procedures, and acts of public administration. It applies to all public officials and public agencies. Ex:FDA, FAA,FDC,EPA.
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What is a Summons?
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In law, written notification that one is required to appear in court. In civil (noncriminal) cases, it notifies a defendant that he or she must appear and defend (e.g., by filing an answer) within a specified time. Notifies defendent what he/she must do,go,where and when?
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Ex. of Limited Jurisdiction?
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-Divorce
-Probate -Bankruptcy -Chancery -other than money |
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Ex. of General Jurisdiction?
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-Torts
-Breach of Contract -Monetary -Put the part in its original state of of original agreement. |
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A request for Appellate court to hear an appeal?
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Certiori
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This is a "Court Order"
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Writ
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This is the law as stated in specific cases decided by courts. It is the written form, and generally contains a brief summary of the facts of the case,an analysis, and a statement of the court's decision (known as the 'holding of the case.'
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Case Law
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This kind of Jurisdiction means that it has only limited authority to hear "certain" type of case?
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Limited Jurisdiction
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Dealing w/ cases for people from different states?
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Diversity Jurisdiction
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These are United States courts, as courts of limited jurisdiction and can only hear case that involve a question of law or a "diversity claim."
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United States District Courts.
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This case involves a claim for "monetary relief" or "equitable relief."
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Civil Case/General Jurisdiction
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What is the limited amount of a money claim can be brought in a Federal court?
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$75,000 or more.
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What are the 3 branches our government is divided into?
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1.Executive
2.Judicial 3.Legislative |
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What are the two types of Case?
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Criminal and Civil
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Federal Courts fall under what level of Jurisdiction?
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Limited Jurisdiction
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