1) Law & Legal Systems Flashcards

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1
Q

Alternative Dispute Resolution

A

A means of settling legal disputes without using the courts

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2
Q

Appeal

A

Process in which a higher court reviews alleged legal errors made by a lower court or an administrative agency

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3
Q

Common Law

A

1) Law based on written opinions of appellate courts

2) The traditional nonstatutory law of England and the United States

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4
Q

Diversity Jurisdiction

A

Power of federal courts to hear cases involving citizens of different states - must involve >$75,000

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5
Q

Judge-made law

A

Law based on the written opinions of appellate courts, called precedent

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6
Q

Jurisdiction

A

The power of a court to hear a case

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7
Q

Preemption Doctrine

A

A constitutionally based doctrine that prevents a locality from enacting laws that are inconsistent with federally regulated areas of law, with some exceptions

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8
Q

Precedent

A

A published opinion of an appellate court that serves as authority for determining a legal question in a later case that has substantially similar facts

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9
Q

Statutory Law

A

Law enacted by local and state legislative bodies and by Congress

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10
Q

Trial Court

A

Determines the facts of a case and applies the relevant law to these facts

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