Chapter 2 ACC 473 Flashcards
______can decide omng other things whether the laws or actions of the other two branches are constitutional.
JUDICIAL REVIEW
____ means law in latin.
JURIS
_____ means to speak in latin.
DICTION
_____ means the power to speak.
JURISDICITON
________ means personal jurisdiction over ny person or business that resides in a certain geographic are.
IN PERSONAAM JURISDICTION
A cout can also excersice jurisdictionover property that is located within its boundaries. This kid of jurisdictionis known as ____
IN REM JURISDICTION
Under the authority of a
state____________, a court can exercise personal
jurisdiction over certain out-of-state defendants
based on activities that took place within the
state.
LONG ARM STATUTE
________are state courts that handle only
matters relating to the transfer of a person’s assets
and obligations after that person’s death, including
issues relating to the custody and guardianship of
children.
PROBATE COURTS
___________ handle only bankruptcy proceedings,
which are governed by federal bankruptcy
law
BANKRUPTCY COURTS
Courts in which lawsuits begin, trials take place, and
evidence is presented are referred to as _________.
COURTS OF ORIGINAL JURISDICTION
In the federal
court system, the ______ are trial courts
DISTRICT COURTS
Federal district courts
can also exercise original jurisdiction over cases
involving ________.
DIVERSITY OF CITIZENSHIP
The term ________
applies whenever a federal court has jurisdiction over
a case that does not involve a question of federal law.
DIVERSITY OF CITIZENSHIP
When both federal and state courts have the power
to hear a case, as is true in suits involving diversity
of citizenship, ____________ exists.
CONCURENT JURISDICTION
When cases can be tried only in federal courts or
only in state courts, ________ exists.
EXCLUSIVE JURISDICTION
_________ is concerned
with the most appropriate location for a trial.
VENUE
In order to bring a lawsuit before a court, a party
must have___________, or a sufficient stake in
a matter to justify seeking relief through the court
system.
STANDING TO SUE
Standing to sue also requires that the controversy
at issue be a ____________—a controversy
that is real and substantial, as opposed to
hypothetical or academic.
JUSTICABLE CONTROVERSY
______________ are
inferior trial courts that hear only civil cases involving
claims of less than a certain amount, such as
$5,000 (the amount varies from state to state).
SMALL CLAIMS COURTS
A ___________ deals
with what really happened in regard to the dispute
being tried—such as whether a party actually burned
a fl ag.
QUESTION OF FACT
A __________ concerns the application
or interpretation of the law—such as whether fl agburning
is a form of speech protected by the First
Amendment to the U.S. Constitution.
QUESTION OF LAW
A _______
is an order issued by the Supreme Court to a lower
court requiring the latter to send it the record of
the case for review.
WRIT OF CERTIORARI
The Court will not issue a writ
unless at least four of the nine justices approve of it.
This is called the ________.
RULE OF FOUR
________—the process of resolving a dispute
through the court system—is expensive and time
consuming.
LITIGATION
The simplest form of ADR is ________, a process
in which the parties attempt to settle their dispute
informally, with or without attorneys to represent
them.
NEGOTIATION
ADR=
ALTERNATIVE DISPUTE RESOLUTION
In ________, a neutral third party acts as a mediator
and works with both sides in the dispute to facilitate
a resolution.
MEDIATION
A more formal method of ADR is _______, in
which an _______ (a neutral third party or a panel
of experts) hears a dispute and imposes a resolution
on the parties.
ARBITRATION;ARBITRATOR
___________—that is, whether
the matter is one that must be resolved through
arbitration.
ARBITRABILITY
In _________, the parties
select a neutral third party (generally an expert
in the subject matter of the dispute) to evaluate
their respective positions.
EARLY NEUTRAL CASE EVALUATION
In a _______, each party’s attorney briefl y
argues the party’s case before the other and a
panel of representatives from each side who have
the authority to settle the dispute.
MINI-TRIAL
Numerous federal courts now hold ________, in which the parties present their
arguments and evidence and the jury renders a
verdict.
SUMMARY JURY TRIALS
A major provider of ADR services
is the ___________________
(AAA), which was founded in 1926 and now handles
more than 200,000 claims a year in its numerous
offi ces around the country.
AMERICAN ARITRATION ASSOCIATION
