CH 5

Question 1

Judicial gate keeping

Answer 1

Term used to describe how judges control access to the judicial system by either opening or closing the judicial gates to certain kinds of controversies

Question 2

Standing

Answer 2

The doctrine requiring that a party bringing suit before court must have a legal right to do so

Question 3

Taxpayers suits

Answer 3

A suit brought by a person who claims standing on the basis of his or her status as a taxpayer

Question 4

Mootness

Answer 4

A term used to describe a case that has become a dead issue because the controversy that gave rise to the case was resolved before a final judicial decision could be made

Question 5

Ripeness

Answer 5

The doctrine that an appellate court will not review the decision of a lower court until all remedies have been exhausted. Courts will not decide an issue before the need to do so

Question 6

Political question doctrine

Answer 6

The doctrine that court will not decide cases which involve issues for which a final decision is clearly left to one of the political branches of government by the Constitution

Question 7

In rem jurisdiction

Answer 7

Jurisdiction of a court to enter a decree affecting property interest

Question 8

In personum jurisdiction

Answer 8

Jurisdiction of a court to enter a personal judgment or decree against the person

Question 9

Long arm statute

Answer 9

A legislative enactment that extends the courts jurisdiction to non-resident parties as long as there are minimum contract between the litigant and the state, a requirement of due process

Question 10

Personal service

Answer 10

A notice to a party of pending litigation or providing a copy of a subpoena to a witness that is personally delivered

Question 11

Substituted service

Answer 11

A notice of pending litigation or other legal matters that is not personally delivered to the person for example publication is such a notice in the newspaper

Question 12

Quasi-in-rem jurisdiction

Answer 12

The power and authority of courts to enter a judgment affecting property interests to satisfy the owners personal obligations, even though the owner is not otherwise subject to the courts jurisdiction

Question 13

Venue

Answer 13

The geographic location of a trial that is the determined by constitutional or statutory provisions

Question 14

Forum non conveniens

Answer 14

Also known as Laying a predicate. Preliminary questions that establish the relevancy and admissibility of evidence

Question 15

Pretrial publicity

Answer 15

Prejudicial information often inadmissible at trial which is circulated by the news media before a trial and which may reduce the Accuseds chances of a trail before an impartial jury

Question 16

Statues of limitation

Answer 16

Statues that prescribe the time in which lawsuits must be filed

Question 17

Choice of law questions

Answer 17

In conflict of laws, determining which state law will be applied when some or all the operative element occurred in a jurisdiction other than the forms state

Question 18

Renvoi

Answer 18

A legal theory applicable where there is a choice of law question and the forum state adopts the entire lot of the sister state

Question 19

Domicile

Answer 19

A persons legal home

Question 20

Obiter dictum

Answer 20

Also known as dicta; Statements in a judicial opinion that were not essential to the resolution of the case and Are not binding precedent

Question 21

Ratio decidendi

Answer 21

Those statements in a judicial opinion that are essential to the resolution of the case and are binding precedent