Courts and Alternative Dispute Resolution

Flashcards covering key terms and concepts related to the U.S. court system, constitutional functions, judicial review, jurisdiction, and alternative dispute resolution methods.

Functions of the U.S. Constitution

Creates the three branches of government and allocates powers; protects individual rights by limiting government's ability to restrict them.

Constitutional Articles and Federalism

The first three Articles establish rules and separate powers of federal government branches; the last four Articles frame federalism, confirmed by the Tenth Amendment.

Legislative Branch (Article I)

Established by Article I of the Constitution; consists of the bicameral Congress (Senate and House of Representatives) and promulgates law.

Executive Branch (Article II)

Established by Article II of the Constitution; consists of the President and Vice President and enforces the law.

Judicial Branch (Article III)

Established by Article III of the Constitution; consists of the Supreme Court and inferior courts as Congress may establish.

Judicial Review

The authority of the judicial branch to examine acts of the other two government branches and determine their constitutionality, established in Marbury v. Madison.

Checks and Balances

Constitutional safeguards built into the system to ensure no one branch of the federal government becomes too powerful.

Jurisdiction

The power of a court to hear a dispute, 'speak the law' into a controversy, and render a legally binding verdict on the parties.

Exclusive Federal Jurisdiction

Applies to cases such as admiralty, antitrust, bankruptcy, copyright, federal crimes, patents, and suits against the U.S.

Concurrent Jurisdiction

Applies to cases involving federal questions or diversity of citizenship (parties from different states with more than $75,000 in controversy).

Standing

A party's requirement to demonstrate a legal injury and a sufficient 'stake' in the controversy, showing a connection to and harm from the challenged law or action.

Personal Jurisdiction (In Personam Jurisdiction)

A court's power over a person or entity involved in a case, including its power to render judgments affecting that person's rights.

Subject Matter Jurisdiction

The authority or power that each court has over specific types of legal disagreements or disputes.

General Jurisdiction

A court's ability to hear and decide a wide range of cases unless a specific law or constitutional provision denies jurisdiction (e.g., California superior courts).

Limited Jurisdiction

A court with restrictions on the types of cases it can decide, such as small claims court ($10,000 or less) or limited civil courts (up to $25,000).

Exclusive Jurisdiction

A type of jurisdiction where only a particular court can decide a case, such as federal bankruptcy court for bankruptcy actions.

Long Arm Statutes

Statutes that allow courts to exercise personal jurisdiction over non-resident parties based on 'minimum contacts' with the state, consistent with the Due Process Clause.

Sliding Scale Standard

A test used by courts to determine jurisdiction in cyberspace, based on the level of business interaction a defendant has with a forum state via a website.

Venue

Concerned with the most appropriate county or location for the trial, generally where the injury occurred, the defendant lives, or the dispute arose.

Trial Courts

Courts of record where juries are selected, evidence is introduced, witnesses are examined, and verdicts and judgments are rendered.

Appellate Courts

Middle-level courts that review trial court proceedings to determine if the trial followed procedural and substantive rules of law, focusing on questions of law.

State Supreme Court

The highest court in a state court system, hearing appeals from intermediate state courts, with their decisions generally final unless a federal question is involved.

Supreme Court Case Paths

Cases can be heard in the Supreme Court either through Appeals of Right or By Writ of Certiorari.

Alternative Dispute Resolution (ADR)

Methods to resolve disputes that are less expensive and quicker than traditional trials, offering parties more control over the outcome.

Mediation

An ADR method involving a neutral third party (mediator) who helps parties find common ground; offers flexibility and party control but may involve fees and lacks sanctions.

Arbitration

An ADR method where a neutral third party (arbitrator) renders a legally-binding decision; often stipulated in contracts, where parties waive their right to a jury trial.