exam 2 Flashcards
Judicial Review
The process for determining if a law is constitutional
jurisdiction
The authority of a court to hear and decide a specific case
Personam Jurisdiction
jurisdiction over any person or business that resides in a specific geographic area
in rem jurisdiction
Jurisdiction over property in a certain area
Long arm statute
a court can exercise personal jurisdiction over certain out-of-state defendants based on activities that took place within the state.
Jurisdiction of the federal gov
The federal government has limited powers and therefore has limited jurisdiction
Federal Question
when ever a plantif’s cause of action is in some part related to the constitution then a federal question arises and it comes under judicial power of the federal courts
diversity of citizenship
a federal court might get a case because of diversity of citizenship when each party is from a different state and the ammount in question exceeds 75,000
concurrent jurisdiction
when both federal and state courts can claim jurisdiction
exclusive jurisdiction
when only a state court or only federal court can hear a case
venue
the physical location of a trial
justiciable controvercy
a controvercy that is real and substantial as opposed to hypothetical or acedemic (can’t sue if nothing happened or if something might have happened)
State courts (types)
(1) trial courts of limited jurisdiction, (2) trial courts of general jurisdiction, (3) appellate courts, and (4) the state’s highest court (often called the state supreme court but don’t have to be)
federal courts
US District Courts
US Court of appeals
United States Supreme Court
writ of certiorari
needed to bring a case to the supreme court
Rule of four
supreme court will not hear a case unless at least 4 justices agree
pleadings
Statements made by the plaintiff and the defendant in a lawsuit that detail the facts, charges, and defenses involved in the litigation. The complaint and answer are part of the pleadings
complaint
pleading made by the plaintiff aledging wrongdoing
default judgement
judgement passed if defendant fails to appear
answer
a defendants response to a plantiffs complaint
this is the chance to file a counter claim
reply
a plaintiffs response to a defendants answer
motion for judgement on the pleadings
asking the court to make a decision on just the pleadings
this only happens if there are no facts to dispute
deposition
testimony taken uder oath before a trial
interogatories
written questions that are answered and signed under oath
Voir dire
Jury selection process
motion for a directed verdict
this is a motion for the judge to take the decision out of the hands of the jury
alternative dispute resolution ADR
resolutions other than traditional judicial process
negotiaition mediation arbitration
mediation
setteling dispute outside of court through a mediatior (neutral third party)
arbitration
Setteling disputes outside of courts through a third party usually a lawyer that gives a legally binding resolution (expensive)
commerce clause
allowes congress to regulate interstate commerce
preemption
federal laws take presidence over conflicting state laws
compensatory damages
monetary value awarded equivalent to the actual values of injuries or damages
punitive damages
monentary damages awarded to punish
tortfeasor
the one who committed a tort
actionable
capable of serving as the basis of a lawsuit
duress
unlawful pressure that cause a person to commit a crime
entrapment
induced by a public official to commit a crime that they would not have otherwise committed
legislative rule
an administrative agency rule that carries the same weight as a congressionally enacted statute.
interpretive rule
An administrative agency rule that is simply a statement or opinion issued by the agency explaining how it interprets and intends to apply the statutes it enforces. Such rules are not binding on private individuals or organizations.
delegation doctrine
allows congress to delegate some of its powers to administrative agencies
Executive Controls
Presidents has the power to appoint federal officers and the power of veto
legislative controls
congress gives administrations their powers and has the ability to take them away or even shut down an agency
judicial controls
administrative agencies and their policies are subject to judicial review
rule making process for agencies
Notice of proposed rulemaking in federal register (daily publication of executive branch)
comment period- agencies must allow time for people to comment on the rule
Final rule-drafts the final rule and publishes it in federal register
adjudication
The act of rendering a judicial decision. In an administrative process, the proceeding in which an administrative law judge hears and decides issues that arise when an administrative agency charges a person or a firm with violating a law or regulation enforced by the agency.
dormant commerce clause
states do not have the power to regulate interstate commerce
enabeling legislation
Name
Purpose
functions
powers
two types of agencies
executive and independent regulatory agencies
judicial control 1
exhausted all posible remedies
must have a standing to sue
judicial control 2
a court can review if agency has exceeded scope properly interpreted laws or has violated the constitution
sunshine act
requires that every meeting of an agency must be open to public
public must be provided with advance notice of the agenda
regulatory flexibility act
requires a regulatory flexibility analysis whenever a new regulation will have a “significant impact upon a substantial number of small entities.”
small business regulatory enforcement fairness act
Allows Congress sixty days to review new federal regulations before they take effect.
Allows objections to be heard before Congress.
SBFREFA allows small businesses to recover their expenses for excessive fees
marbury v madison
judicial review
