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32 Cards in this Set

  • Front
  • Back
District Courts
trial courts of general jurisdiction that can hear and decide most legal controversies in the federal system
Courts of Appeals
hear appeals from the district courts and review orders of certain administrative agencies
set aside the lwoer court's judgement
Change the lower courts judgement
send the case back to the lwoer court
uphold the lower court's judgement
Trial courts
have general jurisdiction over civil and criminal cases
Special trail courts
trial courts, such as probate courts and family courts, which have jurisdiction over a particular area of state law
Appellate Courts
include one or two levels; the highest court's decisions are final except in those cases reviewed by the U.S. Supreme Court
authority of a court to hear and decide a case
Subject matter jurisdiction
authority of a court to decide a particular kind of case
Exclusive federal juridiction
jurisdiction that permits only the deferal courts to hear a case
Concurrent federal jurisdiction
authority of federal or state courts to hear the same case
Federal Question
any case arising under the constitution, statues, or treaties of the United States
Jurisdiction over the parties
power of a court to bind the parties to a suit
In personam jurisdiction
jurisdiction based on claims against a person, in contrast to jurisdiction over property
In rem jurisdiction
jurisdiction based on claims against property
Quasi in rem jurisdiction
jurisdiction over property not based on claims against it
particular geographical place where a court with jurisdiction may hear a case
series of responsive, formal, written statements by each side to a lawsuit
initial pleading by the plaintiff stating his case
notice given to inform a person of a lawsuit against her
Default judegemnet
judgment against a defendant who fails to respond to a complaint
motion to dismiss for failure to state a claim
defendant's pleading in response to the plaintiff's complaint
plaintiff's pleading in response to the defendant's answer
Pretrial procedure
process requiring the parties to diclose what evidence is available to prove the disputed facts; designed to encourage settlement of cases or to make the trial more efficient
Judgment on the pleadings
final binding determination on the merits made by the judge after the pleadings
pretrial exchange of information between opposing parties to a lawsuit
Pretrial Conference
a conference between the judge and the attorneys to simplify the issues in dispute and to attempt to settle the dispute without trial
Summary judgment
binding determinations on the merits made by the judge before trial
determines the facts and the outcome of the case