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21 Cards in this Set
- Front
- Back
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constitutions |
-Provide framework within which federal and state governments must operate -protection of individual rights, including private property |
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alternative dispute resolution |
mediation: neutral 3rd party listens to both sides and tries to facilitate a compromise arbitration: listens, renders a decision |
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appeal |
Process in which a higher court reviews alleged legal errors made by a lower court or administrative agency No new witnesses called. Judge gets briefs and hears arguments from lawyers |
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common law |
law based on prior opinions/precedents |
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diversity jurisdiction |
power of FC to hear cases involving citizens of different states and the dispute in over $75,000 |
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judge-made law |
aka decisional law: law that evolves from published opinions of appellate courts/precedent |
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jurisdiction |
the power of a court to hear a case |
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preemption doctrine |
certain matters are of such a national, as opposed to local, character that federal laws preempt or take precedence over state laws -congress states in the statute that is preempts state law -above is inferred from existence of a comprehensive federal regulatory scheme in the area -state law conflicts with federal law or its purposes |
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precedent |
principles established by prior cases cases decided by appellate courts are sources of law |
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statutory law |
law enacted by local and state legislative bodies and by congress still rely on court interpretation Sometimes are codification of appellate law |
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trial court |
determines the facts of a case and applies the relevant law to those facts |
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stare decises |
to stand by, obligation of judges to follow precedents |
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holding |
part of the court's opinion that is necessary to resolve the dispute between parties antonym: dicta |
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dicta |
any reasoning not necessary to settle legal issue in question, no precedential value antonym: holding |
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caveat emptor |
buyer beware, by buying property you are accepting all liability |
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caveat venditor |
seller beware, you are still liable for product even after it is bought, more popular in post WWII era` |
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administrative adjudication |
administrative bodies such as the EPA Dep. of Housing and Urban Developement, etc settle disputes like a court; less formal, time consuming and costly than courts. Can also sometimes make rules and regulations. |
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res adjudicata |
"matter has been decided" decision of a trial court |
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Jurisdiction of State Courts |
violations of state's criminal statutes, statutes involving divorce, education, public health and social welfare, contract cases, personal injury all matters except those that the Constitution or Congress has given exclusively to the federal courts or denied to the states |
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Federal Question of Jurisdiction |
Power of Federal Courts to hear courts that arise under the following: limited to that given to them by the Constitution and federal statutes. Constitutions, treaties, between US and foreign nation, federal statutes and citizens of different states |
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Supremacy Clause |
national government, in exersizing any of the powers enumerated in the constitution, must prevail over any conflicting or inconsistent state exercise of power |
