Introduction to Paralegalism - Chapter Six (part 2)

Concurrent jurisdiction

The power of more than one type of court to hear particular kind of case

Original jurisdiction

The power of a court to be the first to hear a case before it is reviewed by another type of court

Appellete jurisdiction

The power of a court to review and correct the decisions of a lower tribunal

Review

The power of a court to examine the correctness of what a lower tribunal has done

Ruling

The conclusion or outcome of a decision made by a court or administrative agency

Certiorari

An order by a higher court that a lower court send up the record of a case because the higher court has decided to use its discretion to review that case

Writ

A written court order to do or refrain from doing an act

Inferior courts

A trial court of limited or special jurisdiction

Appellate brief

A document that a party files with in appellete court in which the party presents arguments on why the appellate court should affirm, reverse, vacate, or otherwise modify what a lower court has done

Panel

A group of judges, usually three, who decide a case on behalf of with a larger number of judges

En banc

By the entire court

Court of final resort

The highest court within a judicial system

US District Court

The main trial court in the federal judicial system with subject-matter jurisdiction over civil and criminal cases

Diversity of citizenship

The disputing parties are citizens of different states and the amount in controversy exceeds $75,000

US Court of Appeals

The major intermediate appellate court in the federal court system

Administrative agency

A governmental body, other than a court or legislature that carries out the statutes of the legislature, the executive orders of the chief executive, and its own regulations

Enabling statute

The statute that allows an administrative agency to carry out specified delegated powers

Executive department agency

An administrative agency that exists within the executive branch of the government, often at the cabinet level

Cause

A legally sufficient reason to do something

Independent regulatory agency

An administrative agency that regulates an aspect of society

Quasi-independent regulatory agency

An administrative agency that has characteristics of both an executive department agency and an independent regulatory agency

Government corportation

A government-owned entity that is a mixture of a business corportation and a government agency created to serve a predominantly business function in the public interest

Quasi-legislation

An administrative decision written by an administrative agency that has some characteristics of an opinion written by a court

Quasi-adjudication

An administrative decision written by an administrative agency that has some characteristics of an opinion written by a court

Administrative-law judge (ALJ)

A government officer who presides over a hearing at an administrative agency

Exhaust administrative remedies

To go through all dispute-solving avenues that are available in an administrative agency before asking a court to review what the agency did

Administrative Prodecure Act (APA)

The statute that governs procedures before federal administrative agencies

Bill

A proposed statute

Bicameral

Having two chambers in the legislature

Unicameral

Having one chamber in the legislature

Legislative history

Hearings, debates, amendments, committee reports, and all other events that occur in the legislature before a bill is enacted into a statute

Transcribed

Taken down in a word-for-word account

Markup

The process by which a legislative committee puts a bill in its final form

Committee report

A summary of a bill and a statement by the committee of the reasons for and against its enactment by the legislature

Engrossed bill

The version of a bill passed by one of the chambers of the legislature after incorporating amendments or other changes

Conference committee

A temporary committee consisting of members of both chambers of the legislature that seeks to reach a compromise on two versions of the same bill each chamber passed

Enrolled bill

A bill that is ready to be sent to the chief executive after both chambers of the legislature has passed it

Veto

A rejection by the chief executive of a bill passed by the legislature

Override

To supersede or change a result

Pocket veto

The chief executive’s “silent” rejection of a bill by not acting on it within 10 days of recieving it if the legislature adjourns during this period