Quiz 3 Review - 6/4 Flashcards
Define
alternative dispute resolution
A method of resolving disputes without judicial adjudication. The usual means are arbitration and mediation.
Define
appellate jurisdiction
The legal authority of a court of law to hear an appeal from or otherwise review a decision by a lower court
Define
concurrent jurisdiction
Jurisdiction that is shared by different courts of law
Define
diversity of citizenship jurisdiction
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
Define
federal question jurisdiction
The authority of federal courts to decide issues of national law
Define
implied powers
Powers not specifically enumerated but implied by the constitutions, statutes, contracts, etc.
Define
judicial review
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
Define
original jurisdiction
authority of a court of law to hear a case in the first instance
Define
police power
power of government to legislate to protect public health, safety, welfare and morality
Define
veto
power of the chief executive to block adoption of a law by refusing to sign the legislation
Define
writ of certiorari
order from a higher court directing a lower court to send up the record of a case for appellate review
Standing
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
Case or Controversy
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.
Complete diversity
A requirement, in diveristy of citizenship jurisdiction, that each plaintiff have a different state of citizenship from each defendant.
Limited jurisdiction
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.
Ancillary jurisdiction
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.
Enumerated/Granted Powers
Powers specified in the text of the federal and state constitutions
Jurisdiction
geographical area within which, the subect matter with respect to which, and the persons over whom a court can properly exercise its power
Pocket veto
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.
