Legal Terminology Chapter 1 Key Terms

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Admiralty

Back 1

Cases pertaining to the sea.

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Alternative Dispute Resolutions

Back 2

Procedures for settling disputes by means other than litigation.

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Appeal

Back 3

A request to a higher court to review the decision of a lower court.

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Appellate Courts

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Courts that review the decisions of lower courts. Also called court of appeal.

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Appellate Jurisdiction

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The power to hear a case when it is appealed.

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Arbitration

Back 6

A method of settling disputes in which a neutral third party makes a decision after hearing the arguments on both sides.

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Arbitrator

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A neutral third parety in an arbitration session who listens to both sides and makes a decision with regard to the dispute.

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Binding Arbitration

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Arbitration in which the decision of the arbitrator will prevail and must be followed.

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cert. den. (certiorari denied)

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Abbreviation for certiorari denied.

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Change of Venue

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The removal of a suit begun in one county or district to another county or district for trial.

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Circuits

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Name given to the division of U.S. district courts.

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Code

Back 12

A systematic collection of statutes, administrative regulations, and other laws.

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Compulsory Arbitration

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Arbitration that is required by agreement or by law. Also called mandatory arbitration.

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Conciliation

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A n informal process in which a neutral third person listens to both sides and makes suggestions for reaching a solution. Also called mediation.

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Conciliator

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A neutral third person in a conciliation session who listens to both sides and makes suggestions for reaching a solution.

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Concurrent Jurisdiction

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The power of two or more courts to decide a particular case.

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Court

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A body of government organized to administer justice.

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Courts of Appeal

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Courts that review the decisions of lower courts. Also called appellate courts.

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Diversity of Citizenship

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Cases between persons from different states, and between citizens of the U.S. and a foreign government, and between citizens of the U.S. and citizens of a foreign country.

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Exclusive Jurisdiction

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The power of only one court to hear a particular case to the exclusion of all other courts.

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Federal Question

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A matter that involves the U.S. Constitution, acts of Congress, or treason.

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Forum Non Conveniens

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To refuse to hear a case if it believes that justice would be better served if the trial were held in a different court.

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In Personam Action (Personal Action)

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The plaintiff must select a court that has jurisdiction over not only the subject matter but also over the parties involved in the case.

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In Personam Jurisdiction

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Jurisdiction over the person.

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In Rem Action

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A lawsuit that is directed against property rather than against a particular person.

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Jurisdiction

Back 26

The power or authority that a court has to hear a particular case.

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Justice

Back 27

The title given to an appellate court judge.

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Local Action

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Title to a real property

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Long-Arm Statutes

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Allow one state court to reach out to obtain personam jurisdiction over a person in another state if that person does much business in the state where the court is located.

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Mandatory Arbitration

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Arbitration that is required by agreement or by law.

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Maritime

Back 31

Pertaining to the sea.

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Mediation

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Informal process in which a neutral third person, called a mediator or conciliator, listens to both sides and makes suggestions for reaching a solution.

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Mediator

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Neutral third person

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Mini-Trial

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Settling disputes in an informal trial--out of court.

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Nonbinding Arbitration

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Arbitrators decision is simply a suggestion and need not be complied with.

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Original Jurisdiction

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Power to hear the case originally.

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Plenary Jurisdiction

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Complete jurisdiction over both the parties and the subject matter of a lawsuit.

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Quasi in Rem

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A lawsuit in which the court has jurisdiction over the defendant's property but not over the defendant's person.

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Res

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The property; the thing.

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Statute

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A law passed by legislature.

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Transitory Action

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A lawsuit that may be brought inmore than one place as long as the court in which it is heard has proper jurisdiction.

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Venue

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The place where the trial is held.

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Writ of Certiorari

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An order from a higher court to a lower court to deliver its records to the higher court for review.