exam 2

Question 1

Judicial Review

Answer 1

The process for determining if a law is constitutional

Question 2

jurisdiction

Answer 2

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

Question 3

Personam Jurisdiction

Answer 3

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

Question 4

in rem jurisdiction

Answer 4

Jurisdiction over property in a certain area

Question 5

Long arm statute

Answer 5

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

Question 6

Jurisdiction of the federal gov

Answer 6

The federal government has limited powers and therefore has limited jurisdiction

Question 7

Federal Question

Answer 7

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

Question 8

diversity of citizenship

Answer 8

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

Question 9

concurrent jurisdiction

Answer 9

when both federal and state courts can claim jurisdiction

Question 10

exclusive jurisdiction

Answer 10

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

Question 11

venue

Answer 11

the physical location of a trial

Question 12

justiciable controvercy

Answer 12

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)

Question 13

State courts (types)

Answer 13

(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)

Question 14

federal courts

Answer 14

US District Courts

US Court of appeals

United States Supreme Court

Question 15

writ of certiorari

Answer 15

needed to bring a case to the supreme court

Question 16

Rule of four

Answer 16

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

Question 17

pleadings

Answer 17

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

Question 18

complaint

Answer 18

pleading made by the plaintiff aledging wrongdoing

Question 19

default judgement

Answer 19

judgement passed if defendant fails to appear

Question 20

answer

Answer 20

a defendants response to a plantiffs complaint

this is the chance to file a counter claim

Question 21

reply

Answer 21

a plaintiffs response to a defendants answer

Question 22

motion for judgement on the pleadings

Answer 22

asking the court to make a decision on just the pleadings

this only happens if there are no facts to dispute

Question 23

deposition

Answer 23

testimony taken uder oath before a trial

Question 24

interogatories

Answer 24

written questions that are answered and signed under oath

Question 25

Voir dire

Answer 25

Jury selection process

Question 26

motion for a directed verdict

Answer 26

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

Question 27

alternative dispute resolution ADR

Answer 27

resolutions other than traditional judicial process negotiaition mediation arbitration

Question 28

mediation

Answer 28

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

Question 29

arbitration

Answer 29

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

Question 30

commerce clause

Answer 30

allowes congress to regulate interstate commerce

Question 31

preemption

Answer 31

federal laws take presidence over conflicting state laws

Question 32

compensatory damages

Answer 32

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

Question 33

punitive damages

Answer 33

monentary damages awarded to punish

Question 34

tortfeasor

Answer 34

the one who committed a tort

Question 35

actionable

Answer 35

capable of serving as the basis of a lawsuit

Question 36

duress

Answer 36

unlawful pressure that cause a person to commit a crime

Question 37

entrapment

Answer 37

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

Question 38

legislative rule

Answer 38

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

Question 39

interpretive rule

Answer 39

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.

Question 40

delegation doctrine

Answer 40

allows congress to delegate some of its powers to administrative agencies

Question 41

Executive Controls

Answer 41

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

Question 42

legislative controls

Answer 42

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

Question 43

judicial controls

Answer 43

administrative agencies and their policies are subject to judicial review

Question 44

rule making process for agencies

Answer 44

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

Question 45

adjudication

Answer 45

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.

Question 46

dormant commerce clause

Answer 46

states do not have the power to regulate interstate commerce

Question 47

enabeling legislation

Answer 47

Name Purpose functions powers

Question 48

two types of agencies

Answer 48

executive and independent regulatory agencies

Question 49

judicial control 1

Answer 49

exhausted all posible remedies must have a standing to sue

Question 50

judicial control 2

Answer 50

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

Question 51

sunshine act

Answer 51

requires that every meeting of an agency must be open to public public must be provided with advance notice of the agenda

Question 52

regulatory flexibility act

Answer 52

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

Question 53

small business regulatory enforcement fairness act

Answer 53

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

Question 54

marbury v madison

Answer 54

judicial review