Legal System, Jurisdiction, and Alternative Dispute Resolution Flashcards

Marbury v. Madison (1803)

A landmark 1803 case establishing the judiciary branch's purview and requirement to operate under the concept of judicial review.

Judicial review

The process by which courts 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

Personal jurisdiction where the court has authority over a person residing within the purview of the court.

In rem jurisdiction

Jurisdiction over property located within the jurisdiction or area of the court.

Long arm jurisdiction

The ability of a court to compel an individual or business from outside its state boundaries to appear before the court.

Minimum contacts test

A standard used by courts to determine jurisdictional authority over an out-of-state defendant based on factors like place of incorporation, principal place of business, or where doing business.

Subject matter jurisdiction

Jurisdiction that restricts the specific types of cases a court can hear pursuant to constitutional or statutory setup.

General jurisdiction

Authority of a court to hear broad types of cases including contract disputes, torts, and criminal proceedings.

Limited jurisdiction

Authority of a court restricted to defined types of cases, such as juvenile court, probate court, or bankruptcy court.

Federal question jurisdiction

A basis for federal court jurisdiction arising from an active controversy involving the US Constitution, congressional statutes, or administrative agency rules.

Diversity of citizenship

A basis for federal court jurisdiction requiring parties from different states or foreign countries and an amount in controversy exceeding $75,000$.

Original jurisdiction

The authority of a trial court to hear a case for the first time, take testimony, and enter evidence.

Appellate jurisdiction

The authority of a higher court to review the decisions and application of law by a lower trial court.

Concurrent jurisdiction

A situation where a case can potentially be filed in either state or federal court.

Exclusive jurisdiction

A situation where a case can only be heard in one specific court system, such as state-only family law or federal-only bankruptcy.

Venue

The geographic location or specific courthouse proper for hearing a lawsuit (where the defendant resides/does business in civil cases, or where the crime occurred in criminal cases).

Standing to sue

The requirement that a plaintiff must have suffered a legal harm that has a causal link to the defendant and can be remedied by the court.

Partisan election

A judicial election process where candidates are identified on the ballot with a political party affiliation.

Nonpartisan election

A judicial election process where candidates appear on the ballot without any political party affiliation listed.

Question of fact

An issue regarding factual truth or witness credibility, reserved for determination by a trial judge or jury.

Question of law

An issue concerning the application or interpretation of the law, which is reviewed by appellate courts.

Writ of certiorari

A formal petition submitted asking the US Supreme Court to review a lower court decision.

Rule of four

The requirement that at least four US Supreme Court justices must vote in favor of granting a writ of certiorari for a case to be reviewed.

Alternative dispute resolution (ADR)

Methods used to resolve legal disputes outside of traditional litigation to save time, resources, and money.

Negotiation

An informal process of alternative dispute resolution where parties directly attempt to settle their dispute.

Mediation

An ADR process where a neutral third party helps disputing parties evaluate case strengths and weaknesses to reach a voluntary settlement.

Arbitration

A formal ADR process where a neutral third