Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
67 Cards in this Set
- Front
- Back
|
Actual notice |
Page 124 worry defendant is personally served by an officer of the court or is mail service by registered mail |
|
|
Administrative agencies |
Page 113 wield power under the executive branch of government even though they are not discussed in the US Constitution. Sometimes called a fourth branch of government. Generally created by Congress through the passage of a statue often at the request of the executive branch. |
|
|
Advisory options |
Page 114 options rendered by a court at the request of the government or of an interested party that indicated how the court would rule on a matter should such litigation develop |
|
|
Alien |
Page 128 a person or corporation that is a citizen of another country |
|
|
Assault |
Page 115 a threat to touch someone in an undesired manner |
|
|
Attachment |
Page 124 seizure of the defendant's property |
|
|
Battery |
Page 115 an unauthorized touching of another person without either legal justification or that person's consent |
|
|
Bill of attainder |
Page 119 is a legislative trial whereby a person is judged a felon or worse by Act of the legislature and not by a court of law. A right established by the Constitution is at Congress may pass no bills of attainder |
|
|
Bill of Rights |
Page 119 amendments to the US Constitution known as the Bill of Rights were designed to ensure a certain individual rights were protected. Reflect citizens concerns about particular topics and reflect changes in the society. |
|
|
Case or controversy |
Phase 114 claims brought before the court in regular proceedings to protect or enforce rights or to prevent or punish wrongs |
|
|
Certiorari |
Page 130 means to be more fully informed. Where there is no right of appeal the Supreme Court can hear cases under certiorari. Supreme court issues a writ of cert Tre which orders the lower court to certify a record of the proceedings and send it to the Supreme Court. A minimum of four justices must agree to hear the case on certiorari |
|
|
Choice of laws |
Page 125 is the selection of which jurisdictions laws should be applied to a particular incident. That is what laws should govern the subject before the court . Also conflict of laws |
|
|
Circuit courts of appeal |
Page 128 through 129 all district courts are grouped into 13 circuits. Each circuit has a court of appeals which hears appeals from the trial courts. Courts of appeal do not retry the cases, instead they review the record to determine whether the trial court made errors of law. Decisions of these circuit courts of appeals are final. In very few cases the parties can appeal to the US Supreme Court |
|
|
Complete diversity |
Page 128 requires that no plaintiff be a citizen of the same state as any of the defendants |
|
|
Concurrent jurisdiction |
Page 125 more than one Cutie May exercise jurisdiction |
|
|
Constructive service |
Page 125 published by a posting on the property or in a newspaper when other methods of service have failed |
|
|
Court of Appeals |
Page 131 each state has at least one Court of Appeals. Highest court of appeal usually called the Supreme Court. One exception is New York state where the court of appeals is the highest court |
|
|
Courts of record |
Page 131 they make no record or transcript of the trial |
|
|
Default judgment |
Page 121 a default judgment is a civil judgement against the defendant who does not appeared in court |
|
|
Defendant |
Page 121 the one defending themselves against a judgement. The defendant does not choose the court. Often of the defendant were given a choice he or she would choose not to have any trial |
|
|
Diversity of citizenship |
Page 127 and 129 exist when the plaintiff is a citizen of one state in the defendant is a citizen of another. It also exists when one party is a foreign country and the other is a citizen of a state. A minimum amount in controversy excluding costs and interest the plaintiff must sue for more than $75,000 in these matters |
|
|
Doing business |
Page 122 doing business is also used as the basis of implied consent by some states. A corporation is physically present in a state in which it is doing business. |
|
|
Domicile |
Page 122 human beings have one and only one domicile. A person made choose his or her domicile or the law May assign it. Domicile is usually a person's home place where he or she is physically present and where he or she intends to remain for a long period of time. Donna cell does not require that a person live in a state for a certain minimal period of time. |
|
|
Enabling statute |
Page 113 the statute that creates the agency. It specifies the power and authority of the agency. |
|
|
Ex post facto laws |
Page 119 a law passed after An Occurrence or act which retroactive Lee changes the legal consequences of the ACT |
|
|
Exclusive jurisdiction |
Page 125 matters that can be heard only by a particular court is called exclusive jurisdiction |
|
|
Executive power |
Page 113 administrative agencies are an additional executive power. Administrative agencies also will power under the executive branch of government even though they are not discussed in the US Constitution these are often called the fourth branch of government. Created by Congress Congress to the passage of statutes often at the request of the executive branch the statue creates the agency called it and abeling statue in its Pacific the power and authority to the agency. Federal agencies have the power with any authority to make rules and regulations that are similar to statutes. They decide controversy involving these rules and regulations |
|
|
Federal District Court |
Page 128 Congress created federal district courts which are general trial courts in the federal court system in every state. Each state has one some states how many district courts are grouped into 13 circuits |
|
|
Federal question |
Page one 127 + 129 comes from article 3 of The Constitution. Or questions that pertain to the Federal Constitution, statutes of the United States, regulations of federal administrative agencies, and treaties signed by the United States |
|
|
Federal reporter |
135 cases decided by the Circuit Court of Appeals are found in the federal reporter, abbreviated f. US |
|
|
Foreign corporation |
Page 121 a corporation that had its Articles of Incorporation approved in another state and ask permission to conduct business in a state |
|
|
Forum |
Stage 122 is the cord that is or will be conducting the trial |
|
|
Garnishment |
Page 124 procedure to obtain possession of the defendant's property when it is in the custody of another person |
|
|
Habeas corpus |
Page 118 is the name given to a variety of writs issued to bring a party before a court or judge in Latin it means do you have the body. This right may be used by all persons who have been deprived of their Liberty |
|
|
In personam jurisdiction |
Page 121 and 126 refers to the Court's authority over the defendant |
|
|
In rem jurisdiction |
Page 124 and 126 exist when the court has authority over property or status of the defendant that is located within the control of the Court. Allows the state to exercise his authority over something such as land marriage or a partnership within its boundaries |
|
|
Inferior trial courts |
Page 131 these include municipal courts Juvenile Courts Domestic Relations Courts traffic courts small claims courts probate courts and Justice Courts presided over by justices of the Peace |
|
|
Injunction |
Page 131 a writ used by the court of equity ordering a person to do or not to do a specific Act |
|
|
Judicial power |
Page 113 Federal judicial power is placed in one supreme court and in such other inferior courts as Congress May create |
|
|
Judicial question |
Page 115 a question that is proper for a court to decide |
|
|
Judicial restraint |
Page 115 a Judicial policy of refusing to hear and decide certain types of cases |
|
|
Judicial review |
Page 113 how's the power to decide where and how the other two branches May properly exercise their powers. Created by the court itself in the landmark case Marbury versus Madison |
|
|
Jurisdiction |
Page 120 the power of a court to hear certain kinds of legal questions jurisdiction is the power of a court to affect legal relationships. Subject matter jurisdiction, jurisdiction over the person or property, concurrent vs. Exclusive jurisdiction, venue |
|
|
Legislative apportionment |
Page 115 the ratio of legislative representation to constituents, |
|
|
Legislative power |
Page 113 Article 1 of the Constitution created a congress consisting of two houses the Senate and House of Representatives. Congress has the power to Levy and collect taxes pay debts and pass all also their spect to certain enumerated powers such as providing for the common defense in Conroe welfare regulating Commerce borrowing and coining money establishing post office in building highways promoting science in the Arts and creating courts inferior to the US Supreme Court |
|
|
Lexis |
Page 135 digital database for legal research |
|
|
Loislaw |
Page 135 digital database for legal research |
|
|
Long arm statutes |
Page 123 a common-law statute permits a state to exercise authority over in person who drives on its Road. This also called a non-resident motorists statue the purpose of these statutes is to permit the state to exercise in personam jurisdiction when ordinarily this would not be possible |
|
|
Minimum contacts |
Page 122 concluded that before defendant is required to appear in a state court the defendant must have certain minimum contacts with the state all applies businesses |
|
|
Minimum amount |
Page 128 a minimum monetary amount that is required depending on the court you wish to be seen in |
|
|
Moot case |
Page 114 and 115 case in which a determination is salt on a matter which when decided cannot have any practical effect on the controversy. A question is moot when it presents no actual controversy or where the issues have ceased to exist |
|
|
Original jurisdiction |
Page 131 when the Supreme Court exercises its original jurisdiction it serves as a trial court. All cases affecting ambassadors other public ministers and consuls and those in which a state shall be a party |
|
|
Plaintiff viewpoint |
Page 128 accordingly the courts look to the amount of the plaintiff acting in good faith claims to be in dispute this is called a plane if you point |
|
|
Political questions |
Page 114 questions of the Court refused to decide due to their purely political character or because their determination would encroach on Powers of the other branches |
|
|
Preventive laws |
Page 127 laws that prevent in action |
|
|
Procedural laws |
Page 125 are the methods of enforcing rights or obtaining redress for the violation of Rights |
|
|
Quasi in rem jurisdiction |
Page 124 and 126 is a jurisdiction is Authority obtained through property under the control of the Court. Settles issues of ownership possession or use of property or settles personal disputes unrelated to the property |
|
|
Rule of four |
Page 130 a minimum of four justices must agree to hear a case on certiorari. |
|
|
Service of process |
Page 121 and 124 is the delivery a legal notice to inform the defendant of the nature of the legal dispute |
|
|
Standing |
Page 114 and 115 means that the party has a significant interest in the outcome of a controversy to assert his or her rights |
|
|
Subject matter jurisdiction |
Page 120 the power of a court to hear certain kinds of legal questions |
|
|
Substantive laws |
Page 125 the laws that create Define and regulate rights |
|
|
Supreme Court |
Page 130 sits at the top of the u.s. judicial system Supreme Court is led by the Chief Justice and is currently has eight Associated justices by Statute. Likely to hear a case under the following conditions when highest state declares federal law on valid highest state court validates a law that is challenge based on federal law federal court declares a federal statute unconstitutional and the government was a party to the suit a federal Appellate Court declares a state statute invalid on grounds of violates federal law whatever a federal three judge court rules in a civil case involving an equitable remedy |
|
|
Supreme court reporter |
Page 135 published by West Publishing Company |
|
|
Trial de novo |
Page 131an exception that an appellate court will view decisions affect made by the lower court |
|
|
Venue |
Page 125 literally means neighborhood. What's the court establishes that has proper jurisdiction over the subject matter the defendant it must then assert whether it is in the proper venue |
|
|
Westlaw |
Page 135 digital database for legal research |
