Quiz 3 Review - 6/4

Question 89

Define

alternative dispute resolution

Answer 89

A method of resolving disputes without judicial adjudication. The usual means are arbitration and mediation.

Question 92

Define

appellate jurisdiction

Answer 92

The legal authority of a court of law to hear an appeal from or otherwise review a decision by a lower court

Question 100

Define

concurrent jurisdiction

Answer 100

Jurisdiction that is shared by different courts of law

Question 112

Define

diversity of citizenship jurisdiction

Answer 112

the authority of federal courts to hear lawsuits in which the parties are citizens of different states and the amount in controversy exceeds $75,000

Question 116

Define

federal question jurisdiction

Answer 116

The authority of federal courts to decide issues of national law

Question 120

Define

implied powers

Answer 120

Powers not specifically enumerated but implied by the constitutions, statutes, contracts, etc.

Question 128

Define

judicial review

Answer 128

Generally, review of any issue by a court of law. In constitutional law, refers to authority of a court to invalidate acts of government on constitutional grounds

Question 137

Define

original jurisdiction

Answer 137

authority of a court of law to hear a case in the first instance

Question 141

Define

police power

Answer 141

power of government to legislate to protect public health, safety, welfare and morality

Question 167

Define

veto

Answer 167

power of the chief executive to block adoption of a law by refusing to sign the legislation

Question 168

Define

writ of certiorari

Answer 168

order from a higher court directing a lower court to send up the record of a case for appellate review

Question 169

Standing

Answer 169

The right to initiate a legal action or challenge based on the fact that one has suffered or is likely to suffer a real and substantial injury

Question 170

Case or Controversy

Answer 170

An actual case that is not moot or entirely advisory. Courts deny adjudication of cases of hypothetical issues not stemming from actual injury of a party.

Question 171

Complete diversity

Answer 171

A requirement, in diveristy of citizenship jurisdiction, that each plaintiff have a different state of citizenship from each defendant.

Question 172

Limited jurisdiction

Answer 172

Applies to federal district courts, which can only hear issues that fall under their power defined in Article III of the US Constitution or over which Congress has assigned them extended jurisdiciton.

Question 173

Ancillary jurisdiction

Answer 173

Authoity of a federal cout to hear certain types of pleadings involving claims that do not have an independent basis for federal jurisdiction. Arises when a plaintiff has a proper claim and another party wishes to file a couterclaim, cross-claim or third-party complaint but the latter claim does not have independent jurisdictional basis.

Question 174

Enumerated/Granted Powers

Answer 174

Powers specified in the text of the federal and state constitutions

Question 175

Jurisdiction

Answer 175

geographical area within which, the subect matter with respect to which, and the persons over whom a court can properly exercise its power

Question 176

Pocket veto

Answer 176

Normally, if a president fails to either sign or veto a bill approved by Congress within a 10-day deadline, the bill becomes law. If, however, Congress adjourns before the 10 days have elapsed, the bill is automatticaly vetoed.