Foundations of American Law Exam 1 terms

federalism

both the federal government and states are sovereign entities

congress

our national legislature

bicameralism

law making branch has 2 separate houses

“one-man, one-vote”

each district senators represent for a state must be almost equal in size

police power

the authority to legislate to improve public health, safety, welfare, or morals

enumerated powers

powers congress has over the country and to enforce

unitary executive

a system in which all executive power and control over executive officers ultimately rests in the president

jurisdiction (litigation train)

adjudicate the dispute or on grounds that, even if the facts alleged were all true, there is no legal basis for relief

discovery (litigation train)

the time when parties gather evidence from one another

summary judgement

argument that even viewing the evidence in a light most favorable to the other side, no juror could reasonably find for that other side

bench trial

trial held only before a judge

preponderance of the evidence

it is more likely than not that the legal standard entitling him or her to relief was met

burden of proof/standard of proof

burden a plaintiff must meet

grand jury

composed of ordinary people that the prosecutor must present a case to

arraigned

subjected to a proceeding at which the defendant is informed of the charges and enters a plea

court of appeals

used to determine whether something went wrong in the trial court that justifies reversing that court’s judgment or sending the case back down to the trial court for further litigation

standard for review for court of appeals

the method an appellate court will use to review the decision of the trial court

writ of certiorari

personal jurisdiction

the litigant’s ties to the jurisdiction must be sufficient, unless the litigant waives this protection

subject matter jurisdiction

the court’s power to speak to the issues raised in the litigation

federal question jurisdiction

type of jurisdiction that calls for an application of federal laws

diversity jurisdiction

gives federal courts the power to resolve any dispute between citizens of different states, even those arising only under state law

common law

the body of law created by courts in case-by-case decisions over time

preliminary injunction

asking the court to order the other party to do or to stop doing something immediately, even while the parties continue to litigate.

procedural history

the story of what has happened so far in the litigation

exclusivity clause

a contractual provision that restricts one or both parties from engaging in similar business activities, negotiations, or deals with third parties—such as competitors—for a specified time and scope

irreparable harm

occurs when a loss of rights cannot be remedied even though the party seeking an injunction prevails after a full hearing on the merits