Chapter 4 Flashcards

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1
Q

Before a lawsuit can be brought before a court, the following must be met

A

Jurisdiction

Venue

Standing to sue

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2
Q

Jurisdiction

A

The authority of a court to hear a case and decide a specific action.

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3
Q

Before a court can hear a case, it must have jurisdiction over

A
  • The defendant or the property involved.
  • The subject matter of the dispute.
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4
Q

Personal Jurisdiction

A

Court jurisdiction over the person involved in a legal action.

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5
Q

Rem Jurisdiction

A

Court jurisdiction over a defendant’s party.

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6
Q

Long arm statute

A

Permits a state to obtain personal jurisdiction over nonresident defendants.

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7
Q

Federal courts have subject-matter jurisdiction in two situations

A
  • Federal question
  • Diversity of Citizenship
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8
Q

Federal question

A

A question that pertains to the US Constitution, acts of congress, or treaties.

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9
Q

Diversity of Citizenship

A

Basis for federal court jurisdiction.

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10
Q

Venue

A

Place in which an action is tried, and the jury is selected.

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11
Q

Supreme of the US

  • US Courts of Appeal
A
  • Federal Administrative Agencies
  • US District Courts
  • Specialized US Courts
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12
Q

Supreme of the US

A
  • Highest State Courts
  • State Courts of Appeals
  • State Trial Courts of General Jurisdiction
  • Local Trial Courts of Limited Jurisdiction
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13
Q

Litigation

A

The process of resolving a dispute through the court system.

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14
Q

Alternative Dispute Resolution (ADR)

A

The resolution of disputes in ways other than those involved in the traditional judicial process.

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15
Q

Mediation

A

Method of settling disputes outside of court.

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16
Q

Arbitration

A

The settling of a dispute through a third party.