Bl 230 Chapter 2

Front 1

Judicial Review-

Back 1

The process by which a court decides on the constitutionality of legislative enactments and actions of the executive branch.

Front 2

Jurisdiction

Back 2

-The authority of a court to hear and decide a specific case. (The power to speak the law)(Defendant: You don’t want to go to court, personal jurisdiction, “you have no authority over me”. Plaintiff does he have enough standing, and the Judge was subject matter)(Residency is always a significant contact)

Front 3

Long Arm Statute

Back 3

-A state statute that permits a state to obtain personal jurisdiction over nonresident defendants.

Front 4

Probate Court

Back 4

-A state court of limited jurisdiction that conducts proceedings relating to the settlement of a deceased person’s estate.

Front 5

Bankruptcy Court

Back 5

-A federal court of limited jurisdiction that handles only bankruptcy proceedings.

Front 6

Federal Question

Back 6

-A question that pertains to the U.S. Constitution, acts of Congress, or treaties. A federal question provides a basis for federal jurisdiction.

Front 7

Diversity of Citizenship

Back 7

-A basis for federal court jurisdiction over a lawsuit between citizens of different states.

Front 8

Concurrent Jurisdiction

Back 8

-Jurisdiction that exists when two different courts have the power to hear a case.

Front 9

Exclusive Jurisdiction

Back 9

-Jurisdiction that exists when a case can be heard only in a particular court or type of court.

Front 10

Venue

Back 10

-The geographic district in which a legal action is tried and from which the jury is selected.

Front 11

Standing to Sue

Back 11

- The requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit.

Front 12

Justiciable Controversy

Back 12

- A controversy that is not hypothetical or academic but real and substantial.

Front 13

Small Claims Court

Back 13

- A special court in which parties may litigate small claims (such as $5,000 or less) without an attorney.

Front 14

Civil Law System

Back 14

- A system of law derived from the Roman Empire and based on a code rather than case law. Most European nations have this system.

Front 15

Question of Fact

Back 15

-In a lawsuit, an issue that involves only disputed facts and not what the law is on a given point.

Front 16

Question of Law

Back 16

-In a lawsuit, an issue involving the application or interpretation of a law. BE CAREFUL The decisions of a state’s highest court are final on questions of state law.

Front 17

Writ of Certiorari

Back 17

-A writ from a higher court asking a lower court for the record of a case.

Front 18

Rule of Four-

Back 18

A rule of the United States Supreme Court under which the Court will not issue a writ of certiorari unless at least four justices approve.

Front 19

Litigation-

Back 19

The process of resolving a dispute through the court system.

Front 20

Pleadings Statements-

Back 20

made by the plaintiff and the defendant in a lawsuit that detail the facts, charges, and defenses of a case.

Front 21

Complaint-

Back 21

The pleading made by a plaintiff or a charge made by the state alleging wrongdoing on the part of the defendant.

Front 22

Summons-

Back 22

A document informing a defendant that a legal action has been commenced against her or him and that the defendant must appear in court on a certain date to answer the plaintiff’s complaint.

Front 23

Default Judgment-

Back 23

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.

Front 24

Answer Procedurally -

Back 24

a defendant’s response to a complaint.

Front 25

Counterclaim-

Back 25

A claim made by a defendant in a civil lawsuit against the plaintiff.

Front 26

Reply Procedurally -

Back 26

a plaintiff’s response to a defendant’s answer.

Front 27

Motion to Dismiss-

Back 27

A pleading in which a defendant admits the facts as alleged by the plaintiff but asserts that the plaintiff’s.

Front 28

Motion for Judgment

Back 28

-on the Pleadings a motion requesting the court to decide the issue solely on the pleadings without proceeding to trial.

Front 29

Motion for Summary Judgment

Back 29

- A motion requesting the court to enter a judgment without proceeding to trial. The motion can be based on evidence outside the pleadings and will be granted only if no facts are in dispute.

Front 30

Discovery

Back 30

- A method by which the opposing parties obtain information from each other to prepare for trial.

Front 31

Deposition

Back 31

- The testimony of a party to a lawsuit or a witness taken under oath before a trial.

Front 32

Interrogatory

Back 32

- A series of written questions for which written answers are prepared and then signed under oath by the plaintiff or the defendant.

Front 33

E-Evidence

Back 33

- A type of evidence that consists of all computer-generated or electronically recorded information.

Front 34

Voir Dire

Back 34

-The process in which the attorneys question prospective jurors to learn about their personal characteristics that may affect their ability to serve as impartial jurors.TAKE NOTE A prospective juror cannot be excluded solely on the basis of his or her race or gender.

Front 35

Motion for a Directed Verdict

Back 35

- A motion for the judge to direct a verdict for the party who filed the motion on the ground that the other party has not produced sufficient evidence to support her or his claim.

Front 36

Award

Back 36

- The monetary compensation given to a party at the end of a trial or other proceeding.

Front 37

Motion for Judgment

Back 37

- 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’s verdict against him or her was unreasonable and erroneous.

Front 38

Motion for a new Trial

Back 38

- A motion asserting that the trial was so fundamentally flawed that a new trial is necessary to prevent a miscarriage of justice.

Front 39

Brief

Back 39

- A written summary or statement prepared by one side in a lawsuit to explain its case to the judge.

Front 40

Docket

Back 40

- The list of cases entered on a court’s calendar and thus scheduled to be heard by the court.

Front 41

Alternative Dispute Resolution (ADR)

Back 41

-The resolution of disputes in ways other than those involved in the traditional judicial process, such as negotiation, mediation, and arbitration.

Front 42

Negotiation

Back 42

- A process in which parties attempt to settle their dispute informally, with or without attorneys to represent them.

Front 43

Mediation

Back 43

- A method of settling disputes outside the courts by using a neutral third party who acts as a communicating agent between the parties and assists them in negotiating a settlement.

Front 44

Arbitration

Back 44

- The settling of a dispute by submitting it to a disinterested third party who renders a decision that is often legally binding.

Front 45

Online Dispute Resolution (ODR)

Back 45

- The resolution of disputes with the assistance of organizations that offer dispute- resolution services via the Internet.

Front 46

Appellate Court

Back 46

- Court of review the records of law and doesn’t hear evidence.