Chapter 6. Court System Flashcards
standing to sue
A sufficient stake in a controversy to justify bringing a lawsuit. To have standing to sue, the plaintiff must demonstrate an injury or a threat of injury.
justiciable controversy
A controversy that is real and substantial, as opposed to hypothetical or academic.
jurisdiction
The authority of a court to hear and decide a specific case.
long arm statute
A state statute that permits a state to obtain jurisdiction over nonresidents. The nonresidents must have certain “minimum contacts” with that state for the statute to apply.
probate court
A court having jurisdiction over proceedings concerning the settlement of a person’s estate.
Bankruptcy courts
A federal court of limited jurisdiction that hears only bankruptcy proceedings.
original jurisdiction
The power of a court to take a case, try it, and decide it.
trial courts
A court in which cases begin and in which questions of fact are examined.
appellate jurisdiction
The power of a court to hear and decide an appeal; the authority of a court to review cases that have already been tried in a lower court and to make decisions about them without holding a trial.
appellate courts (courts of appeal)
A court that reviews decisions made by lower courts, such as trial courts; a court of appeals.
federal question
A question that pertains to the U.S. Constitution, acts of Congress, or treaties. It provides a basis for jurisdiction by the federal courts as authorized by Article III, Section 2, of the Constitution.
diversity of citizenship
Under the Constitution, a basis for federal district court jurisdiction over a lawsuit between (1) citizens of different states, (2) a foreign country and citizens of a state or states, or (3) citizens of a state and citizens of a foreign country. The amount in controversy must be more than $75,000 before a federal court can
concurrent jurisdiction
Jurisdiction that exists when two different courts have the power to hear a case. For example, some cases can be heard in either a federal or a state court.
exclusive jurisdiction
Jurisdiction that exists when a case can be heard only in a particular court, such as a federal court.
docket
The list of cases entered on the court’s calendar and scheduled to be heard by the court.
venue
The geographic district in which an action is tried and from which the jury is selected.
reversible error
A legal error at the trial court level that is significant enough to have affected the outcome of the case. It is grounds for reversal of the judgment on appeal.
writ of certiorari
A writ from a higher court asking a lower court to send it the record of a case for review. The United States Supreme Court uses certiorari to review most of the cases it decides to hear.
alternative dispute resolution (ADR)
The resolution of disputes in ways other than those involved in the traditional judicial process. Negotiation, mediation, and arbitration are forms of ADR.
Negotiation
A process in which parties attempt to settle their dispute voluntarily, with or without attorneys to represent them.
