Chapter 2 Flashcards
Trial Court 32
The “base” where testimony is given and evidence received. One judge, and jury can be asked for.
Appellate Courts 34
Review the business conducted by trial courts to see if any mistakes have been made. No jury. Odd number of judges so no tie in vote. No new evidence submitted.
Brief 34
Written document explaining the positions of the parties that is submitted to appelate court judges to try and persuade them in their favor.
Remanded 35
When a case is reversed by an appellate court, it is remanded: returned to the trial court.
Writ of Certiorari 36
a writ or order by which a higher court reviews a decision of a lower court… A court order that allows a discretionary appeal…
In Personam Jurisdiction 37
when question before a court is jurisdiction over a person
In Rem Jurisdiction 37
If the question relates to the ownership or control of real property.
Diversity of Citizenship 43
Parties in a case are citizens of different states and the claim is for at least $75,000 can go to a federal court even if it is not in relation to a federal question of law.