Chapter 4 Flashcards
The act of deciding whether laws or actions of the other two branches are constitutional. Resolves issues that appear to have conflicting laws
Judicial review
The power to speak the law to certain people, property, or subjects.
Jurisdiction
Jurisdiction of people
in personam jurisdiction
Jurisdiction of property
in rem jurisdiction
exercising jurisdiction over certain out-of-state defendants based on activities tha ttook place within the state.
long arm statute
What’s the difference between general courts jurisdiction and courts of limited jurisdiction.
General courts have unlimited jurisdiction where limited courts are specific to certain subjects.
What’s the difference between original courts and appellate courts.
Original courts are where the initial trial takes place and there was the original jurisdiction. Appellate courts are reviewing courts.
What is the federal question
One of two situations where the federal court has jurisdiction. This instance is when cases involve the constitution, laws of the united states, and treaties made under US authority.
What is diversity of citizenship
One of two situations where the federal courts has jurisdiction. This happens when the plantiff and defendent are from different states or the dollar amount exceeds 75000
What’s the difference between concurrent and exclusive jurisdiction
Concurrent is where both state and federal courts have jurisdiction, such as diversity cases, vs exclusive where only one does.
What are the three criteria for someone to have standing to sue
- Sufferred harm
- Causation
- Must be able to obtain a remedy
The process of resolving a dispute through the court system
litigation
General term for means other than litigation to settle a dispute
alternative dipute resolution (ADR)
The simplest form of ADR where parties try to settle informally
negotiation
ADR where a third party works with both sides to facilitate a resolution
mediation
