Quiz 3 Review - 6/4 Flashcards Preview

LAS101 - Intro to Law > Quiz 3 Review - 6/4 > Flashcards

Flashcards in Quiz 3 Review - 6/4 Deck (19)
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89
Q

Define

alternative dispute resolution

A

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

92
Q

Define

appellate jurisdiction

A

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

100
Q

Define

concurrent jurisdiction

A

Jurisdiction that is shared by different courts of law

112
Q

Define

diversity of citizenship jurisdiction

A

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

116
Q

Define

federal question jurisdiction

A

The authority of federal courts to decide issues of national law

120
Q

Define

implied powers

A

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

128
Q

Define

judicial review

A

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

137
Q

Define

original jurisdiction

A

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

141
Q

Define

police power

A

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

167
Q

Define

veto

A

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

168
Q

Define

writ of certiorari

A

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

169
Q

Standing

A

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

170
Q

Case or Controversy

A

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.

171
Q

Complete diversity

A

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

172
Q

Limited jurisdiction

A

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.

173
Q

Ancillary jurisdiction

A

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.

174
Q

Enumerated/Granted Powers

A

Powers specified in the text of the federal and state constitutions

175
Q

Jurisdiction

A

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

176
Q

Pocket veto

A

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.