Chapter 2 Flashcards
Judicial review
The process by which the courts decide on the constitutionality of legislative enactments and actions of the executive branch
Marbury v. Madison
It is the judicial branch’s job to interpret the laws
Jurisdiction
The authority of a court to hear and decide a specific action
Inpersonam jurisdiction
Court jurisdiction over the person involved in a legal action, personal jurisdiction
In rem jurisdiction
Court jurisdiction over a defendants property (jurisdiction over a thing)
Long arm statue
A state statute that permits a state to obtain personal jurisdiction over nonresident defendants. A defendant must have “minimum contacts” in that state
Probate courts
A state court of limited jurisdiction that conducts proceedings relating to the settlement of a deceased persons estate
Bankruptcy courts
A federal court of limited jurisdiction that handles only bankruptcy proceedings.
Federal question
A question that pertains to the US constitution, acts of congress or treaties. A federal question provides basis for federal jurisdiction
Diversity of citizenship
A basis for federal court jurisdiction between citizens of different states, countries. Or the amount of controversy is more than 75,000 dollars
Exclusive jurisdiction
Jurisdiction that exists when a case can be heard only in a particular court such as federal or state court
Concurrent jurisdiction
Jurisdiction that exists when two different courts have the power to hear the case
Venue
The geographical district in which an action is tried and from which the jury is selected
Standing to sue
The requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit. The plaintiff must demonstrate he or she has been injured or threatened with injury.
3 elements of standing
Harm
Causation
Remedy
Small claims court
Special courts in which parties may litigate small claims (usually 2500 or less). Attorneys are not required and in many states attorneys are not allowed
Question of fact
In a lawsuit an issue involving a factual dispute that can only be decided by a judge or jury
Question of law
In a lawsuit, an issue involving the application or interpretation of the law. Therefore the judge not the jury decides the issue
Writ of certiorari
A writ from a higher court asking the lower court for the record of a case
Rule of four
A rule of the US Supreme Court under which the court will not issue a writ of certiorari unless at least 4 justices approve the decision to issue the writ
Litigation
The process of resolving a disputes through the court system
Alternative dispute resolution
The resolution of disputes in ways other than the traditional judicial process.
Negotiation
Mediation
Arbitration
Negotiation
A process in which the parties attempt to settle their dispute without going to court, with or without attorneys to represent them. The transfer of an instrument in such a way that the transferee becomes a holder
Mediation
A method of settling disputes outside of court by using the services of a neutral third party. Acts as a communicating agent between the parties and suggests ways in which the parties can resolve their dispute
Arbitration
The settling of a dispute by submitting it to a disinterested third party who renders a decision. The decision may or may not be legally binding
Award
The arbitrators decision (arbitration)
Money damages (litigation)
Arbitration clause
A clause in a contract that provides that in the event of a dispute the parties will submit the dispute to arbitration rather than litigate the dispute in court
Early neutral case evaluation
A form of ADR in which a neutral third party evaluates the strengths and weaknesses of the disputing parties positions; the evaluators opinion forms the basis for negotiating a settlement
Mini trial
A private proceeding in which each party to a dispute argues its position before the other side and vice versa.
Summary jury trials
A method of settling disputes in which a trial is held, but the jury’s verdict is not binding. The verdict acts only as a guide to both sides in reaching an agreement during the mandatory negotiations that follow
Other types of ADR
Early neutral case evaluation
Mini trial
Summary jury trials
American arbitration association
A major provider of ADR services
Online dispute resolution
The settlement of disputes in online forums
Arraignment
The first time a defendent is brought before court and enters a guilty or not guilty plea
