Courts & Alternative Dispute Resolution

Chapter 4

Judicial review

The process by which courts (state & federal) decide on the constitutionality of legislative enactments and actions of the executive branch

Jurisdiction

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

In personam jurisdiction

Court jurisdiction over the person involved in a legal action; personal jurisdiction

In rem jurisdiction

Court jurisdiction over a defendant’s property

Long arm statute

A state statute that permits a state to obtain personal jurisdiction over non resident defendants

Minimum contacts

an out-of-state defendant must have enough connections to a state for that state's courts to fairly sue them

Federal question

A question that pertains to the Constitution, acts of congress, or treaties

Diversity of citizenship

Under Article lll, section 2 of the constitution citizens of different states, a foreign country and citizens of a state or different states

Concurrent jurisdiction

Jurisidiction that exist when two different courts have the power to hear a case

Exclusive jurisdiction

Jurisdiction that exist when a case can be heard only in particular court or type, such as a federal court or state court

Venue

The geographical district in which an action is tried and from which the jury is selected

Standing to sue

the requirement that an individual must have a sufficient stake in a controversy before he/she can bring a lawsuit

Harm

an invasion of a legally protected interest

Causation

Causal connection between the conduct complained of an the injury

remedy

a favorable court decision will remedy the injury suffered

Question of fact

an issue involving a factual dispute

Question of law

An issue involving the application or interpretation of a law

Writ of certiorari

issuing a writ from the supreme court to bring your case up from the appellate court

Rule of four

A rule of the united states supreme court under which the court will not issue a writ of certiorari unless at least four justices agree to do so

Litigation

the process of resolving a dispute through the court system

Alternative dispute resolution

the resolution of disputes in ways other than those involved in the traditional judicial process

Award

the arbitrator’s decision

Arbitration clause

a clause in a contract that provides that, in the event of a dispute, the parties will submit the dispute to arbitration rather than litigate the dispute in court