1) Law & Legal Systems Flashcards
Alternative Dispute Resolution
A means of settling legal disputes without using the courts
Appeal
Process in which a higher court reviews alleged legal errors made by a lower court or an administrative agency
Common Law
1) Law based on written opinions of appellate courts
2) The traditional nonstatutory law of England and the United States
Diversity Jurisdiction
Power of federal courts to hear cases involving citizens of different states - must involve >$75,000
Judge-made law
Law based on the written opinions of appellate courts, called precedent
Jurisdiction
The power of a court to hear a case
Preemption Doctrine
A constitutionally based doctrine that prevents a locality from enacting laws that are inconsistent with federally regulated areas of law, with some exceptions
Precedent
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
Statutory Law
Law enacted by local and state legislative bodies and by Congress
Trial Court
Determines the facts of a case and applies the relevant law to these facts