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68 Cards in this Set
- Front
- Back
judicial review |
the process by which courts decide on the constitutionality of legislative enactments and actions of the executive branch |
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juris (latin) = diction (latein) = |
law to speak |
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jusrisdiction |
the power to speak the law
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in personam jurisdiction |
court jurisdiction over the "person" involved in a legal action; personal jurisdiction
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in rem jurisdiction |
court jurisdiction over a defendant's property |
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long arm statute |
a court can exercise personal jurisdiction over certain out-of-state defendants based on activities that took place within the state |
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probate courts |
state courts that handle only the disposition of a person's assets and obligations after that person's death, including issues relating to the custody and guardianship of children |
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exclusive jurisdiction |
when only state courts or only federal courts have authority to hear a case |
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concurrent jurisdiction |
when both federal and state courts have the authority to hear the same case |
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personal jurisdiction |
when a defendant is located in the territorial boundaries within which a court has the right and power to decide cases. jurisdiction may be exercised over out-of-state defendants under state long arm statutes. courts have jurisdiction over corporate defendants that do business within the state, as well as corporations that advertise, sell, or place goods into the stream of commerce in the state. |
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property jurisdicition |
when the property that is subject to a lawsuit is located within the territorial boundaries within which a court has the right and power to decide cases. |
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subject matter jurisdiction |
limits the court's jurisdictional authority to particular types of cases 1. limited jurisdiction - when a court is limited to a specific subject matter, such as probate or divorce 2. general jurisdiction - when a court can hear cases involving a broad array of issues |
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original jurisdiction |
with courts that have the authority to hear a case for the first time (trial courts) |
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appellate jurisdiction |
with courts of appeal and review. generally, they do no have original jurisdiction |
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federal jurisdiction |
1. federal questions - a federal court can exercise jurisdiction when the plaintiff's cause of action is based at least in part on the U.S. Constitution, a treat, or a federal law. 2. diversity of citizenship - a federal court can exercise jurisdiction in cases between citizens of different states when the amount in controversy exceeds $75,000. |
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jurisdiction in cyberspace |
the courts have developed a sliding-scale standard to use in determining when jurisdiction over a web site owner or operator in another state is proper |
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venue |
most appropriate location for trial |
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standing to sue |
sufficient stake in a matter to justify seeking relief through the court system (standing means that the arty that filed the action in court has a legally protected interest at stake in the litigation) |
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LSC = |
Legal Services Corporation |
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a state court system includes... |
1. trial courts of limited jurisdiction 2. trial courts of general jurisdiction 3. appellate courts 4. the state's highest court (state supreme court) |
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small claims courts |
inferior trial courts that hear only civil cases involving claims of less than a certain amount (lawyers are not required, sometimes not allowed) |
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question of fact |
what really happened in regard to the dispute being tried |
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question of law |
the application or interpretation of the law |
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federal court system includes... |
1. U.S. district courts 2. U.S. courts of appeals 3. the U.S. supreme court |
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writ of certiorari |
an order issued by the supreme court to a lower court requiring the latter to send it the record of the case for review. |
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rule of four |
the court will not issue a writ unless at least four of the nine justices approve of it |
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pro se representation |
parties are allowed to represent themselves |
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FRCP = |
Federal Rules of Civil Procedure |
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litigation process has three phases |
pretrial, trial, and posttrial |
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discovery |
the process of obtaining information from the opposing party or from witnesses prior to trial |
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pleadings |
statements made by the plaintiff and the defendant in a lawsuit that detail the facts, charges, and defenses involved in the litigation. the complaint and answer are part of the pleadings
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complaint |
the pleading made by a plaintiff alleging wrongdoing on the part of the defendant; the document that, when filed with a court, initiates a lawsuit |
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service of process |
formally notifying the defendant of a lawsuit |
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summons |
a notice requiring the defendant to appear in court and answer the complaint |
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default judgement |
a judgment entered by a court against a defendant who has failed to appear in court to answer or defend against the plaintiff's claim |
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answer |
the defendant either admits or denies each of the allegations in the plaintiff's complaint and may also set forth defenses to those allegations. |
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affirmative defense |
a response to a plaintiff's claim that does not deny the plaintiff's facts but attacks the plaintiff's legal right to bring an action |
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counterclaim |
a claim made by a defendant in a civil lawsuit that in effect sues the plaintiff |
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motion |
a procedural request submitted to the court by an attorney on behalf of her or his client |
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notice of motion |
informs the opposing party that the motion has been filed |
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pretrial motion |
a written or oral application to a court for a ruling or order, made before trial |
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motion to dismiss |
a pleading in which a defendant asserts that the plaintiff's claim fails to state a cause of action (has no basis in law) or that there are other grounds on which a suit should be dismissed |
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motion for judgment on the pleadings |
asks the court to decide the issue solely on the pleadings without proceeding to trial |
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motion for summary judgment |
asks the court to grant a judgment in that party's favor without a trial |
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affidavits |
sworn statements by parties or witnesses |
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admissible evidence |
evidence that the court would allow to be presented during the trial |
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deposition |
sworn testimony by a party to the lawsuit or by any witness, recorded by an authorized court official |
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impeach |
challenge the credibility |
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interrogatories |
which are written questions for which written answers are repaired and then signed under oath |
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metadata |
data about data |
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pretrial conference |
a conference, scheduled before the trial begins, between the judge and the attorneys litigating the suit. the parties may settle the dispute, clarify the issues, schedule discovery, and so on during the conference |
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voir dire |
"to see, to speak" the process in which the attorneys question prospective jurors to determine whether they are biased or have any connection with a party to the action or with a prospective witness |
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opening statements |
a statement made to the jury at the beginning of a trial by a party's attorney, prior to the presentation of evidence. the attorney briefly outlines the evidence that will be offered and the legal theory that will be pursued |
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rules of evidence |
rules governing the admissibility of evidence in trial courts |
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relevant evidence |
evidence that tends to prove or disprove a fact in question or to establish the degree of probability of a fact or action |
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hearsay |
testimony someone gives in court about a statement made by someone else who was not under oath at the time of the statement. it is what someone heard someone else say |
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direct examination |
the examination of a witness by the attorney who calls the witness to the stand to testify on behalf of the attorney's client |
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cross-examination |
the questioning of an opposing witness during a trial |
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expert witness |
a person who, by virtue of education, training, skill, or experience, has scientific, technical, or other specialized knowledge in a particular area beyond that of an average person |
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motion for a judgment as a matter of law (motion for a directed verdict) |
in a federal court, a party's request that the judge enter a judgment in her or his favor before the case is submitted to a jury because the other party has not presented sufficient evidence to support the claim
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rebuttal |
the refutation of evidence introduced by an adverse party's attorney |
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rejoinder |
the defendant's answer to the plaintiff's rebuttal |
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closing argument |
attorney summarizes the facts and evidence presented during the trial and indicates why the facts and evidence support his or her client's claim |
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verdict |
a formal decision made by a jury |
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motion for a new trial |
a motion asserting that the trial was so fundamentally flawed (because of error, newly discovered evidence, prejudice, or other reason) that a new trial is necessary to prevent a miscarriage of justice |
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motion for a judgment n.o.v. |
a motion requesting the court to grant judgment in favor of the party making the motion on the ground that the jury verdict against him or her was unreasonable and erroneous. |
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brief |
a formal legal document outlining the facts and issues of the case, the judge's rulings or jury's findings that should be reversed or modified, the applicable law, and arguments on the defendants behalf |
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writ of execution |
an order directing the sheriff to seize and sell the defendant's nonexempt assets or property |