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17 Cards in this Set
- Front
- Back
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Jurisdiction of a federal court based on the requirement that the parties be from different states and that at least $75,000 be in dispute |
Federal court jurisdiction based on diversity of citizenship |
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Meg is injured in Nebraska by a hair dryer that burst into flames. The product was manufatured by a company in California. What law will allow Meg to sue the company in Nebraska and require it defend itself in a Nebraska state court on the basis that the company has established "minimum contacts" with the state of Nebraska? |
Long-Arm Statute |
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The constitutional provision that limits the ability of the federal government to categorize persons and treat them differently |
Due Process of Law |
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The burden of proof (or persuasion) for a civil case |
Preponderance of evidence |
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The primary constitutional authority that allows the federal government to regulate business |
Commerce Clause of the US Constitution |
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Tari wishes to file a civil lawsuit against Henry for money he owes her. What documents will she file to start the lawsuit? |
Summons and Complaint |
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The burden of proof (or persuasion) for a criminal case |
Beyond a reasonable doubt |
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The power of the US Supreme Court to declare a law unconstitutional |
Power of judicial review |
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A request to the court that it render a judgment in your favor as a matter of law. It is based on the assertion that the parties agree on all material facts and that the movant is entitled to judgment as a matter of law. |
Motion for summary judgment |
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A request that a higher court hear a case after an appeal and when the higher court can choose to accept the case or not |
Motion for Writ of Certiorari |
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Executive, legislative and judicial- they are equalized by checks and balances set forth in the US Constitution |
Branches of government |
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The first review of a trial verdict- everyone is entitled to this review |
Appeal |
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The concept that judges should decide cases based on past decisions in order to promote certainty and predictability in the law " To stand by decisions and not to disturb what is settled." |
Stare decisis |
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The rule of evidence in criminal cases that holds that illegally seized items are not allowed as evidence in court |
Exclusionary Rule |
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In a civil lawsuit, the plaintiff is usually seeking this as a result |
Payment of money to compensate for damage or injury |
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A court that hears cases after the initial trial judgment and which considers only written briefs and oral argument of attorneys |
Appellate court |
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The pleading (document) that is filed by a defendant in response to a civil complaint |
Answer |
