Ch 1 Court Systems and Jurisdiction Flashcards

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1
Q

federal question

A

involves US Constitution, acts of Congress, or treason

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2
Q

diversity of citizenship

A

cases between persons from different states, US citizens and a foreign government, and citizens of US and citizen of foreign country

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3
Q

maritime

A

pertaining to sea (also admiralty)

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4
Q

circuits

A

judicial districts (13 in US)

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5
Q

justice

A

Supreme Court judges (nine)

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6
Q

writ of certiorari

A

order from higher court to lower court to deliver records for review

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7
Q

cert. den.

A

denial to hear case from Supreme Court

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8
Q

jurisdiction

A

area of authority to hear a particular case

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9
Q

forum non conveniens

A

refusal to hear case if it believes justice better served in different court

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10
Q

in rem action

A

lawsuit against property

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11
Q

quasi in rem action

A

defendant lives in different state than property; court in land state has jurisdiction over property but not owner

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12
Q

in personam action

A

jurisdiction over parties and subject matter

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13
Q

long-arm statutes

A

allow court’s jurisdiction to reach another state

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14
Q

plenary jurisdiction

A

court has jurisdiction over plaintiff, defendant, and subject matter

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15
Q

transitory action

A

does not involve land

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16
Q

venue

A

location of trial

17
Q

change of venue

A

move trial once it begins

18
Q

change in venue

A

change before trial begins

19
Q

alternative dispute resolution (ADR)

A

alternative processes for settling legal disputes by means other than litigation

20
Q

negotiation

A

two-party process without neutral 3rd party

21
Q

mediation

A

(also conciliation) informal process with neutral third party (mediator) making decision

22
Q

caucus

A

in mediation, when mediator meets with parties individually

23
Q

arbitration

A

setting disputes with neutral third party, parties must contractually agree

24
Q

mini-trial

A

private organization settles disputes in informal trial