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135 Cards in this Set
- Front
- Back
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Court |
Body of government organized to administer justice. There are 2 court systems |
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Federal Question |
A matter that involves the US Constitution, Acts of Congress, or Treason |
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Diversity of Citizenship |
Cases between persons from different states,between citizens of U.S and a foriegn government. And between governments. |
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Admiralty/ Maritime |
Pertaining to sea |
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Statutes |
Laws passed by legislative bodies |
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Justices |
Highest appellate court judges. Have job for life |
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Writ of certiorari |
Order from a higher court to a lower court to deliver its records to the highest court for review |
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Cert. Den |
The court denies issuing the writ or certiorari by writing this on the writ |
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Appeal |
Request to a higher court to review the decision of the lower court that tried the case |
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Alternative Dispute Resolution ADR |
Procedures for settling disputes by means other than litigation, mediation, arbitration |
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Appellate courts aka Courts of Appeal |
Courts that review the decisions of lower courts |
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Appellate Jurisdiction |
The power to hear a case when its appealed |
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Arbitration |
A method of settling disputes in which a neutral 3rd party makes a decision hearing the arguements on both sides. |
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Arbitrator |
A neutral 3rd party in an arbitration session who listens to both sides and makes a decision with regard to the dispute |
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Arbitrators Award |
Arbitrators final written decision in binding arbitration |
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Binding arbitration |
Arbitration in which the decision of the arbitrator is final and must be followed |
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Caucus |
A private session with a mediator where the mediator learns what the interests are behind each sides demands |
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Change of Venue |
Moving a trial from one county to another |
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Circuits |
Name given to the division of the federal court system |
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In Rem Action |
Lawsuit that is directed against property rather than against a particular person |
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Concurrent Jurisdiction |
When 2 courts have the power to hear the case |
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Conciliator/ Mediator |
A neutral 3rd person in a conciliation session who listens to both sides and makes suggestions for reaching a solution |
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Conciliation |
Informal process in which a 3rd neutral person called mediator/conciliator listens to both sides and makes suggestions for reaching a solution |
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Local Action |
Lawsuit that can only occur in one place |
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Compulsory Arbitration |
Arbitration that's required by law also called Mandatory Arbitration |
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Code |
Systematic collection of statutes, administrative regulations and other laws |
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Exclusive Jurisdiction |
When only 1 court has the power to hear a particular case to the exclusion of others |
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Federal Distric Courts aka U.S District Courts |
Courts that hear most federal cases before an appeal. Each state has one. |
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Courts of Appeal or Appellate courts |
Courts that review the decisions the lower court made. |
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Jurisdiction |
Power/ Authority that said court has to hear the case |
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Original Jurisdiction |
Power to hear the case originally when it first goes to court |
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Appellate Jurisdiction |
Power to hear case when its appealed |
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Exclusive Jurisdiction |
When only one court has the power to hear a particular case to the exclusion of all other courts |
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Concurrent Jurisdiction |
When two courts have the power to hear the case |
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Forum non conveniens |
A court with concurrent Jurisdiction has the right under doctrine to refuse to hear the case if it believes that justice would be better served under a different court |
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Federalism |
Division of powers between the federal and state governments |
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Legislative Branch |
Branch of government that makes or enacts laws |
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Executive Branch |
Branch of the government that Carrie's out,executed or administers laws |
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Judicial Branch |
Branch of the government that interprets laws by resolving disputes that arise under them |
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Checks and Balances |
Allocation of government powers where by one branch of the government can block, check, or review what another branch wants to do ( or has done) in order to maintain a balance of power among the legislative executive and judicial branches |
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Judicial review |
Power of the court to determine the constitutionality of a statute or other law |
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Opinions of the Attorney General |
Formal legal advice given by the chief law officer of the government to another government official or agency |
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Supremacy Clause |
U.s. const. Article VI clause 2. Interpreted to mean when valid federal law conflicts other state law federal law controls |
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Stare Decisis |
Stand by things decided doctrine. |
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Cause of Action |
Legally acceptable reason for bringing a suit. |
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Derogation |
Partial appeal or abolishment of law |
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Consideration |
Something of value that is exchanger between parties. It can be a act, a forbearance (not performing a act), a promise to perform a act,or a promise to reform from doing an act |
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Enacted Law |
1. Law written by a deliberate body such as a legislative or constitutional convention after it is proposed and often debated and amended. 2. Any law not created within litigation-a broader category of law. |
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Prospective |
Governing future events , effecting date in the future |
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Equity |
Justice administered according to fairness in a particular case as contrasted with the strictly formalized rules |
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Remedies |
The means by which a right is enforced or the violation of a right is prevented , compensated for, or otherwise redressed |
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Damages |
1.Money claimed by a person to compensate for the harm caused by an alleged wrongdoer 2. Award of money paid by the wrongdoer to compensate the person who has been harmed |
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Equitable |
1. Fair,just 2. Pertaining to any remedy available in an action in equity |
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Specific performance |
A remedy for breach of contract that forces the wrongdoing party to complete the contract as promised. |
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Injunction |
A remedy that orders a person or organization to do or refrain from doing something |
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International law or Law of Nations or Public International Law |
Legal principals and laws governing relations between nations |
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Executive Agreement |
If the President enters an agreement with a nation that doesn't require Senate approval |
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Judicial Branch |
There are 50 state court systems and 1 main federal. Within each court system there are 2 main kinds of courts. Constitutional and Legislative |
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Constitutional courts/ Article III Court |
A court that derives its jurisdiction from a provision of the constitution |
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Legislative court/ Article I court |
Court created by the legislature |
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Adjudicate |
Main functions of courts, to resolve or decide by judicial process to judge Noun Adjudication Adj: Adjudicative |
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Adversarial |
Involving conflict and an adversary |
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Adversary System |
A method of resolving a legal dispute whereby the parties (alone or through advocates) argue their conflicting claims before a neutral (impartial ) decision maker. |
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Inquisitorial System |
Method of resolving legal dispute in some countries in which Judge has more active role in questioning witnesses and in conduction the trial than in an adversary system |
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Courts of Record |
Court that is required to maintain a record of the proceedings before it, including a transcript. |
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Record |
Official collection of all trail pleadings, exhibits, order and transcripts that were part of the trial |
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Trial De Novo |
A new trial conducted as if prior one didn't occur |
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Territorial Jurisdiction |
Geographic boundaries within which a court has the power to act 1. Jurisdiction over parties or property 2, Jurisdiction over subject matter |
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Personal Jurisdiction |
A courts power over a person to dertermin (adjudicate) his or her personal rights. AKA Personam Jurisdiction |
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Limited / Special Jurisdiction |
the power of the court to hear any kind of civil/criminal case within certain exceptions |
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General Jurisdiction |
Power of a court to hear any kind of civil or criminal case with certain exceptions |
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Review |
Power of a court to examine the correctness of what a lower has done. |
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Ruling |
Conclusion or outcome of a decision made by a court or administrative agency |
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Writ |
A written order to do or refrain from doing an act |
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State courts |
State judicial systems |
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Inferior Courts |
1.A trial court of limited or special jurisdicition 2. Any court that is subordinate to the court of final reason |
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Appellate Briefs |
a document that a party files with an appellate court |
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Panels |
Group of Judges( usually 3) who decide a case |
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En Banc |
on the bench |
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Court of final resort |
Supreme court, the highest court within a judicial system |
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U.S. Supreme court |
Court of final resort in the federal court system |
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Administrative Agency |
A governmental body, other than a court or legislature that carries out the statutes of the legislature, the executive orders of the chief executive and its own regulations |
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Enabling Statute |
Statute that enables an administrative agency to carry out specified delegated powers |
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Executive Department |
An Administrative agency that exists within the executive branch of government often at the cabinet level |
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Independent Regulatory Agency |
Administrative agency that regulates an aspect of society like securities or public utilities, often exists outside the executive branch of the government |
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Quasi-Independent Agency |
A administrative agency that has charcteristices of both executive and Independent |
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Government Corportation |
a government owned entity that a mix of business corporation and government agency created to serve a predominantly business function in the public interest aka Quasi -Government agency Ex: USPS |
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Quasi-Legislation |
An administrative regulation enacted by an Administrative agency that has some characteristics of the statutes enacted by the legislature |
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Quasi-Adjudication |
An administrative decision written by and administrative agency that has some characteristics of an opinion written by a court |
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Administrative-Law Judge |
A gov. officer who presides over a hearing at an AA aka Hearing Examiner |
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Exhuast Administrative Remedies |
To go through all dispute-solving avenues that are available in an AA before asking a court to review what other court did. |
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Administrative Procedure Act (APA) |
The statute that governs procedures before fed AA. |
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Bicameral |
Having 2 chambers in legislature |
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Unicameral |
One Chamber |
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Legislative HIstory |
Hearings, debates, amendements, committee reports, and all other evens that occur in the legislature before a bill is enacted into a statute |
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Proposal |
Individual legislature sponsers idea for a bill |
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Committee consideration |
When legislature member introduces bill they usually accompany it with a statement on why it should be enacted. |
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Mark up |
The process by which a legislative committee puts a bill in its final form |
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committee Report |
a Summary of bill and a statement by a committee of reasons for it against its enactment by the legislature |
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Engrossed Bill |
Version of a bill passed by one of the chambers of legislature |
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Conference committee |
A temporary committee consisting of members of both chambers of legislature that seeks to reach a compromise on 2 versions of the same bill each chamber passed. |
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Floor Debate |
Conference committee compromise that goes back to the floor of each chamber where more debate, explanations and amendments are considered. |
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Enrolled Bill |
A bill that's ready to be sent to the chief exec officer after both chambers o the legislature have passed it. |
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Forum non Conveniens |
A court with concurrent jurisdiction has the right under this doctrine, to refuse to hear case if it believes that justice would happen under a different court. |
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Quasi in Rem action |
Court having jurisdiction over defendants property but not the person |
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In Personam Action |
(Personal action) Plaintiff must select court that has jurisdiction over not only subject matter but also over parties involved |
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In personam Jurisdiciton |
(Personal Jurisdiction) means jurisdiction over person |
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Long- Arm Statutes |
Allow one state court to reach out to obtain personal jurisdiction over a person in another state if that person does much business in that state or performs other significant actions in that state. |
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Plenary Jurisdiction |
refers to the situation in which a court has complete jurisdiction over a plaintiff, defendant, subject matter and lawsuit |
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Transitory action |
Action that doesn't concern land and may be brought in more than one place as long as the court in which is heard has proper jurisdiction |
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Negotiation |
2 party process by which each side without help of a 3rd party attempt to conclude its dispute by bargaining No attorney. Held by contract |
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Mini Trial |
Popular method of settling disputes- an informal trail run by a private organization established for the purpose of settling disputes out of court. |
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Articles of Confederation |
1st foundational government document in U.S histgory |
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House of Representatives |
Has 435 members/ Serve 2yr terms/ # of reps for each state shifts based on results of federal census |
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Express Powers |
Congress's specifically stated powers of congress and are found in Article 1 Section 8. Included in those powers are the powers to declare war/ power to regulate interstate comerce |
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Elastic Power |
Congress has the power to make all the laws necessary to carry out express powers |
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Cabinet |
Head of the executive department of the government |
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Treaties |
Legally enforceable agreements within foreign governments |
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Clause |
Distinct part of a constitutional section |
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Amendments |
Article V provides process to amend the Constitution / Only 27 have been passed. |
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Free Exercise Clause |
First Amendment Rights/ Guarantees to all persons the freedom to exercise ones religion |
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Established Clause |
First Amendment Rights/ Prohibits the government from establishing a state religion |
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Freedom of Speech |
First Amendment Rights/ Gurantees to all persons the right to speak, both orally or in writing |
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Freedom of the Press |
First Amendment Rights / Guarantees to all persons the right to publish and circulate their ideas without government interference |
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Freedom of Assembly |
First Amendment Rights/ Guarantees to all persons the right to peaceably associate and assemble with others |
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Protection for Criminal Defendants right to trial by Jury |
gives criminal defendants the right to a speedy and public jury trial |
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Right to confront Witnesses |
Gives Criminal defendants the right to confront the witnesses against them |
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Self - Incrimination Protection |
First Amendment Rights/ Gives criminal defendants t he right to confront to refuse to testify against themselves (5th Amendment) |
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Cruel and Unusual Punishment |
First Amendment Rights/ Protects criminal defendants from being subject to excessive bail and cruel and unusual punishment (5th Amendment) |
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Double Jeopardy Protection |
First Amendment Rights/ Protects criminal defendants from being tried twice for the same offense ( 5th Amendment) |
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Commerce Clause |
Gives congress power to regulate commerce with foreign nations and among different states ( Article IV) |
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Full Faith and Credit Clause |
Requires each state to recognize the laws and court decisions of every other state |
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Privileges and Immunities Clause |
Requires the states to give out-of -the- state citizens the same rights as they give their own citizens. |
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Equal Protection Clause |
Requires that similarly situation persons receive similar treatment under the law (14th Amendment) |
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Due Process Clause |
Provides that no person shall be deprived of life, liberty ,or property without fairness and justice ( due process of law) (14&15 Amendments) |
