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61 Cards in this Set
- Front
- Back
advisory opinion
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Statement of potential interpretation of law in a future opinion made without real case facts at issue.
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appellant
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The party filing the appeal; that is, bringing the case to the appeals court.
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appellate jurisdiction
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Power of a court to hear challenges from a lower court.
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appellee
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The prevailing party in the lower court, who will respond to the appellant's argument.
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bankruptcy appellate panel
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Panel that hears an initial bankruptcy appeal.
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bankruptcy courts
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Federal courts of exclusive jurisdiction to hear cases regarding debtors.
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Bill of Rights
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Sets forth the fundamental individual rights that government and law function to preserve and protect; the first ten amendments to the Constitution of the United States.
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cause of action
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A personal, financial, or other injury for which the law gives a person the right to receive compensation.
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civil law
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The legal rules regarding offenses committed against the person.
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compensatory damages
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A payment to make up for a wrong committed and return the nonbreaching party to a position where the effect or the breach has been neutralized.
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concurrent jurisdiction
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Jurisdiction over the subject matter exists in both state and federal court, unless statutorily prohibited.
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court
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Place where parties have problems resolved.
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Court of International Trade
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Part of the federal lower-court level authorized to hear matters related to international trade agreements and disputes.
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criminal law
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The legal rules regarding wrongs committed against society.
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debtor
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One of the parties in a bankruptcy action who owes money to creditors.
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defendant
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The party against whom a lawsuit is brought.
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diversity of citizenship jurisdiction
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Federal jurisdiction conferred when the case involves citizens of different states.
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docket
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A court's caseload.
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en banc
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Appellate review by the entire circuit appeals judiciary after review by the intermediate panel.
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equitable relief
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A remedy that is other than money damages, such as refraining from or performing a certain act; nonmonetary remedies fashioned by the court using standards of fairness and justice. Injunction and specific performance are types of equitable relief.
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equitable remedy
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Nonmonetary damages, such as an injunction.
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ex parte
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A communication between one party in a lawsuit and the judge.
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exclusive jurisdiction
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Only one court has the authority to hear the specific case; for example, only a federal court can decide a bankruptcy case.
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executive privilege
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Special protection afforded communications of the president.
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family court
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Court of limited jurisdiction that hears cases such as divorce, custody, and child support.
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federal question jurisdiction
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The jurisdiction given to federal courts in cases involving the interpretation and application of the U.S. Constitution or acts of Congress.
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Federal Rules of Civil Procedure (Fed. R. Civ. P.)
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The specific set of rules followed in the federal courts.
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Federal Rules of Criminal Procedure (Fed. R. Crim. P.)
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Rules governing the procedural issues in criminal prosecutions.
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Federal Rules of Evidence
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The procedure for the introduction of evidence in a federal legal proceeding.
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fraud
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A knowing and intentional misstatement of the truth in order to induce a desired action from another person.
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general jurisdiction
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The court is empowered to hear any civil or criminal case.
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habeas corpus
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A writ employed to bring a person before a court, most frequently to ensure that the party's imprisonment or detention is not illegal.
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jurisdiction
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The power or authority of the court to hear a particular classification of case. Also, the place or court that may hear a case, based on subject matter and/or geographic area.
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judge
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Trier of law.
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jury
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Trier of fact.
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juvenile court
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Court of limited jurisdiction that hears cases involving minors.
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injunction
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A court order that requires a party to refrain from acting in a certain way to prevent harm to the requesting party.
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lawsuit
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A legal mechanism to resolve disputes between parties.
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limited jurisdiction
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The court is empowered to hear only specified types of cases.
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magistrate judge
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A public civil officer, possessing such power-legislative, executive, or judicial-as the government appointing him may ordain.
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misrepresentation
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A reckless disregard for the truth in making a statement to another in order to induce a desired action.
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monetary remedy
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Money damages.
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municipal court
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City court of limited jurisdiction that hears cases such as traffic violations and violations of city ordinances.
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original jurisdiction
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Authority of a court to review and try a case first.
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PACER
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Federal court online document system. Stands for Public Access to Court Electronic Records.
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personal jurisdiction
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A court's power over the individuals involved in the case; when a court has personal jurisdiction, it can compel attendance at court hearings and enter judgments against the parties.
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plaintiff
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The party initiating legal action.
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probate court
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The court empowered to settle estates for those individuals who have died with or without a will.
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prosecutor
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Attorney representing the people or plaintiff in criminal matters.
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punitive damages
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An amount of money awarded to a nonbreaching party that is not based on the actual losses incurred by that party, but as a punishment to the breaching party for the commission of an intentional wrong.
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small claims court
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Court whose jurisdiction is generally limited by monetary ceilings.
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special prosecutor
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Specially appointed government attorney.
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standing
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Legally sufficient reason and right to object.
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statute of limitations
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Establishes the applicable time limits for filing and responding to certain claims or legal actions.
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subject matter jurisdiction
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A court's authority over the res, the subject of the case.
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trial courts
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Courts that hear all cases and are courts of general jurisdiction.
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U.S. circuit courts of appeals
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Appeals courts in the federal system.
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U.S. Constitution
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The fundamental law of the United States of America, which became the law of the land in March of 1789.
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U.S. Court of Federal Claims
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Part of the lower or trial court level of the federal court system in which disputes with the U.S. government are heard.
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U.S. district courts
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Trial or lower court level in the federal system.
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writ of certiorari
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Granting of petition, by the U.S. Supreme Court, to review a case; request for appeal where the Court has the discretion to grant or deny it.
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