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Acct 301 > exam 2 > Flashcards

exam 2 Flashcards

1
Q

Judicial Review

A

The process for determining if a law is constitutional

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2
Q

jurisdiction

A

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

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3
Q

Personam Jurisdiction

A

jurisdiction over any person or business that resides in a specific geographic area

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4
Q

in rem jurisdiction

A

Jurisdiction over property in a certain area

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5
Q

Long arm statute

A

a court can exercise personal jurisdiction over certain out-of-state defendants based on activities that took place within the state.

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6
Q

Jurisdiction of the federal gov

A

The federal government has limited powers and therefore has limited jurisdiction

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7
Q

Federal Question

A

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

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8
Q

diversity of citizenship

A

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

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9
Q

concurrent jurisdiction

A

when both federal and state courts can claim jurisdiction

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10
Q

exclusive jurisdiction

A

when only a state court or only federal court can hear a case

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11
Q

venue

A

the physical location of a trial

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12
Q

justiciable controvercy

A

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)

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13
Q

State courts (types)

A

(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)

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14
Q

federal courts

A

US District Courts

US Court of appeals

United States Supreme Court

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15
Q

writ of certiorari

A

needed to bring a case to the supreme court

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16
Q

Rule of four

A

supreme court will not hear a case unless at least 4 justices agree

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17
Q

pleadings

A

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

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18
Q

complaint

A

pleading made by the plaintiff aledging wrongdoing

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19
Q

default judgement

A

judgement passed if defendant fails to appear

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20
Q

answer

A

a defendants response to a plantiffs complaint

this is the chance to file a counter claim

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21
Q

reply

A

a plaintiffs response to a defendants answer

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22
Q

motion for judgement on the pleadings

A

asking the court to make a decision on just the pleadings

this only happens if there are no facts to dispute

23
Q

deposition

A

testimony taken uder oath before a trial

24
Q

interogatories

A

written questions that are answered and signed under oath

25
Q

Voir dire

A

Jury selection process

26
Q

motion for a directed verdict

A

this is a motion for the judge to take the decision out of the hands of the jury

27
Q

alternative dispute resolution ADR

A

resolutions other than traditional judicial process

negotiaition mediation arbitration

28
Q

mediation

A

setteling dispute outside of court through a mediatior (neutral third party)

29
Q

arbitration

A

Setteling disputes outside of courts through a third party usually a lawyer that gives a legally binding resolution (expensive)

30
Q

commerce clause

A

allowes congress to regulate interstate commerce

31
Q

preemption

A

federal laws take presidence over conflicting state laws

32
Q

compensatory damages

A

monetary value awarded equivalent to the actual values of injuries or damages

33
Q

punitive damages

A

monentary damages awarded to punish

34
Q

tortfeasor

A

the one who committed a tort

35
Q

actionable

A

capable of serving as the basis of a lawsuit

36
Q

duress

A

unlawful pressure that cause a person to commit a crime

37
Q

entrapment

A

induced by a public official to commit a crime that they would not have otherwise committed

38
Q

legislative rule

A

an administrative agency rule that carries the same weight as a congressionally enacted statute.

39
Q

interpretive rule

A

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.

40
Q

delegation doctrine

A

allows congress to delegate some of its powers to administrative agencies

41
Q

Executive Controls

A

Presidents has the power to appoint federal officers and the power of veto

42
Q

legislative controls

A

congress gives administrations their powers and has the ability to take them away or even shut down an agency

43
Q

judicial controls

A

administrative agencies and their policies are subject to judicial review

44
Q

rule making process for agencies

A

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

45
Q

adjudication

A

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.

46
Q

dormant commerce clause

A

states do not have the power to regulate interstate commerce

47
Q

enabeling legislation

A

Name

Purpose

functions

powers

48
Q

two types of agencies

A

executive and independent regulatory agencies

49
Q

judicial control 1

A

exhausted all posible remedies

must have a standing to sue

50
Q

judicial control 2

A

a court can review if agency has exceeded scope properly interpreted laws or has violated the constitution

51
Q

sunshine act

A

requires that every meeting of an agency must be open to public

public must be provided with advance notice of the agenda

52
Q

regulatory flexibility act

A

requires a regulatory flexibility analysis whenever a new regulation will have a “significant impact upon a substantial number of small entities.”

53
Q

small business regulatory enforcement fairness act

A

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

54
Q

marbury v madison

A

judicial review

Acct 301 (2 decks)

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