Resolution of Private Disputes & The Constitution

Flashcards covering the resolution of private disputes, the U.S. court systems, jurisdiction, civil procedure, and various aspects of constitutional law including separation of powers, federalism, judicial review, and independent checks on government power, as well as the different levels of scrutiny applied by courts.

The U.S. has __ court systems.

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__ handle minor criminal cases and civil disputes with small amounts of money, often using informal procedures and oftentimes not being courts of record.

Courts of Limited Jurisdiction

Unlike courts of limited jurisdiction, __ do not have subject-matter restrictions or limits on civil damages or criminal penalties.

Trial Courts

Trial courts, unlike courts of limited jurisdiction, are courts of __, meaning they keep records of everything.

record

__ courts only decide legal questions and review records of trial court proceedings, trying to correct legal errors.

Appellate

The power of a court to hear and decide a case is known as __.

Jurisdiction

__ is the requirement that a court be geographically situated so that it is the most appropriate and convenient court to try a case.

Venue

__ jurisdiction is based on the presence of property within the state.

In Rem

In the federal system, lawsuits begin in __ courts.

Federal District

__ jurisdiction is satisfied when a case arises purely under the Constitution, laws, or treaties of the United States.

Federal question

__ jurisdiction involves citizens of two different states and an amount in controversy exceeding $75,000.

Diversity

The legal rules dictating how civil lawsuits start and finish are known as __.

Civil procedure

A __ announces to the defendant that a lawsuit has been initiated, naming the plaintiff and stating the time by which the defendant must appear in court.

summons

The documents that show a complaint and answer, filed with the court, are called __.

pleadings

An __ is where the defendant wins the case even if the plaintiff's allegations are factually true.

affirmative defense

When the defendant attempts to obtain legal relief from the plaintiff, this is called a __.

counterclaim

A __ is a motion to dismiss where, even if the facts in the plaintiff's complaint are true, there is no law entitling the plaintiff to relief.

demurrer

During __, parties request information from the other party after pleadings are complete.

discovery

An oral examination of another party or a likely witness conducted under oath, much like testifying but occurring pre-trial, is called a __.

deposition

__ are written questions from one party to another, which must be answered in writing under oath.

Interrogatories

A __ is a request for a written answer accepting or denying the truth of one or more material facts relevant to the case.

request for admission

A __ resolves clear cases without the need for a trial, proving there is no genuine issue of material fact and the party is entitled to judgment as a matter of law.

summary judgment

The U.S. Constitution sets up the structure of government and also prevents government from taking certain actions, thereby __ individuals and their businesses.

restricting

The U.S. Constitution embodies the principle of __ by vesting executive, legislative, and judicial powers in separate bodies.

separation of powers

The president's power to veto legislation can be overridden by a __ vote of Congress.

two-thirds

The structure of power-sharing between the federal government and the states is known as __.

federalism

The __ Amendment states that powers not reserved for the federal government or the states automatically go to the states or the people.

10th

__ means that the Constitution, laws, and treaties of the U.S. are supreme over state law.

Federal supremacy

The first 10 amendments to the U.S. Constitution are known as the __.

Bill of Rights

The Supreme Court's power to declare actions of other governmental branches unconstitutional is called __.

judicial review

Specific powers granted to Congress through Article I, Section 8 of the Constitution are called __.

enumerated powers

Even if government power is outlined by the Constitution, there are still protected spheres that the government cannot reach, referred to as __.

independent checks

__ is the states' power to regulate to promote public health, safety, morals, and welfare.

Police Power

Congress's power to regulate commerce among the states is known as the __.

Commerce Power

The __ allows Congress to make laws that are 'necessary and proper' for carrying into execution its enumerated powers.

Necessary and Proper Clause

The process by which almost all Bill of Rights provisions also apply to the states is called __.

incorporation

The Amendment prevents the federal government from removing due process, and the Amendment applies it to the states.

5th, 14th

The __ requirement forces courts to distinguish between governmental behavior and private behavior.

government action or state action

The __ is a judicially created test developed by the Supreme Court to weigh individual rights against the social purposes served by laws that restrict those rights.

means-end test

Under the __ test, a government action need only have a reasonable relation to a legitimate government purpose to be constitutional.

rational basis

The __ test requires challenged laws to be substantially related to the achievement of an important government purpose, often applied in sex discrimination cases.

intermediate scrutiny

The __ test is the highest level of scrutiny, requiring that a challenged law be necessary to the fulfillment of a compelling government purpose.

full strict scrutiny

__ by corporations receives intermediate coverage under the First Amendment, not full protection.

Commercial speech

__ due process requires the government to give notice and an opportunity to be heard before denying life, liberty, or property interest.

Procedural

__ due process allows courts to protect certain fundamental rights from government interference.

Substantive

A group of rights recognized by the Supreme Court as requiring high protection from government encroachment are called __.

fundamental rights

__ are classes of individuals that have been historically subject to discrimination, such as race and national origin.

Suspect classes