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33 Cards in this Set
- Front
- Back
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District courts |
in the federal system of general, but limited, jurisdiction to hear cases where there is exclusive federal jurisdiction (copyrights, antitrust) |
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District courts |
are see cases with diversity jurisdiction and 50,000 and substantial federal question. |
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Court of appeals |
hears appeals from district courts and review actions and order of administrative agencies |
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US supreme court |
review decisions of Federal court of appeal and highest state courts |
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State courts |
hear cases arising under private common law and state statutes and most cases arising under federal law |
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A case can be removed from state courts |
where subject matter jurisdiction exists |
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Subject matter jurisdiction |
an exclusive federal matter (copyright and antitrust)
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Subject matter jurisdiction |
concurrent jurisdiction which exists by way of diversity of citizenship at 75,000 and federal question |
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jurisdiction |
power or authority to hear and decide a case. must be over defendant |
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Appeal |
Losing party can elect to ______ the verdict |
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Alternative to courts |
arbitration, mediation, and conciliation |
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arbitration |
removes SMJ and may not go to court |
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Constitutional law |
aries in busniess context with repect to federal and state regulation of business and economic rights |
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Constitutional law |
understand meaning of the constitution |
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jurisdiction over parties |
parties given fair notice and reasonable opportunity to be heard |
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jurisdiction over the plaintiff always exisits |
where the plaintiff files suit |
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jurisdiction over defendant is |
where they are present and served or doing busniess |
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stare decisis |
courts are directed to follow courts superior to them or directed to follow their own decisions |
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courts who choose not to follow case before them must show they are _____ |
distinguishable |
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conflict rules (substantive rules) |
where suit is brought in state or fed court to where the event giving rise to the suit occurred, courts will turn to this to determine whether to apply law of the jurisdiction where the event occurred. prevent plaintiff from forum shopping to bring suit in state other where event occurred. |
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civil litigation |
private parties against private parties usually for money dispute |
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pleadings |
series of formal written statements by each party setting forth their side of dispute. give notice of claim |
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pretrial procedures |
exchanged information/ discovery period to avoid surprises |
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Police powers |
states and local before and after US constitution to govern all state matters in the furtherance of legitimate gov ends of health, safety, and welfare |
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Federal powers |
emanates solely from constitution |
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federal law |
supreme law of land. can strike down state law regulating matter |
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substantive due process |
law must reasonably comport and not unduly interfere with individual rights. fairness and prohibition |
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procedural due process |
individuals rights, property, or liberty has been deprived by the law and if so when and to what degree a hearing must be afforded |
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constitutional tests |
see if law violates due process or equal protection |
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equal protection |
anaysis must begin with understanding that nearly all law creates classifications |
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strict scrutiny test |
uphold law in question. applied for purposes of due process where there are fundamental rights and purpose of equal protection based on race or national orgin |
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intermediate tests |
equal protection based on gender, age, and alienage. and commerical speech |
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rational basis test |
asks whether legitimate gov interest is furthered such as health, safety, and welfare. asks if law in question is rational and reasonably related to furthering in any way |
