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Buss. Law - Ch. 3
Business Law - Chapter 3: Court Systems
| Term | Definition |
|---|---|
| 1) the power of judicial review 2) the power to interpret and apply statutes 3) the power to create law through precedent | what three major powers come into play when the judiciary is deciding cases and controversies? |
| indictment | a grand jury’s finding that it has probable cause to believe there is sufficient evidence to require that the accused be tried and that informs the accused of the offense with which he/she is charged so the accused may prepare a defense |
| jurisdiction | the official power to make legal decisions and judgments |
| writ of certiorari | the legal document used within the discretion of a reviewing court to decide whether to hear a case, thereby agreeing to review a lower court’s decision |
| legal remedies | relief sought from a court, involving monetary damages |
| equitable remedies | any form of relief that does not involve a request for monetary damages |
| decree | the decision of the chancellor (judge) in a suit in equity that, like a judgment at law, is the determination of the rights between the parties; a person can be jailed for violating one |
| judges | members of reviewing (or appellate) courts; conduct a trial |
| justices | persons serving on final reviewing courts, such as the Supreme Court of the United States |
| 1) trial courts 2) intermediate reviewing courts 3) final reviewing courts | what three levels of court do most states have? |
| trials courts | a form of state court where litigation is begun |
| courts | tribunals presided over by a judge, judges, or a magistrate in civil and criminal cases |
| probate court | deals with wills and the estates of deceased persons |
| juvenile court | deals with juvenile crime and dependent children |
| municipal and police courts | deal with violators of local ordinances |
| traffic court | deals with traffic violations |
| diversity of citizenship | exists in suits between citizens of different states, a citizen of a state and a citizen of a foreign country, and a state and citizens of another state |
| jurisdictional amount | the dollar amount of a lawsuit that a court has the authority to hear |
| master in chancery | an attorney-at-law who assists at fact finding in court |
| won't suffer a right to exist without remedy regards as done what ought to be done where there's equal equity and law, the law prevails those who come into equity must do so with clean hands those who seek equity must do it aids vigilant is equality | name some of the typical maxims of equity. "equity . . . " |
| in personam | means "against the person"; a courts power to adjudicate matters directed against a party |
| interlocutory | a degree that reserves some question to be determined in the future |
| judges | decide questions of procedure and instruct the jury on the law applicable to the issues to be decided by the jury, supply the law applicable to the facts, and find the facts if there is no jury |
| intermediate; final; law | judges of ____________ reviewing courts and justices of _____ reviewing courts decide cases on appeal. The questions to be decided are questions of ___ |
| reviewing; trial | _________ courts require more legal scholarship of the reviewing judges and justices than that typically required of the _____ judges |
| jury | decides disputed questions of fact; may consist of as few as six persons |
| unanimous | a verdict can be less than _________ and is possible with a twelve-person jury |
| trial; inferior | each state has a _____ court of general jurisdiction and ________ courts of limited jurisdiction |
| small claims court | provides a means of handling small cases without the need for a lawyer |
| equity; chancery | historically, trial courts were divided into courts of law and courts of ______ or ________ |
| the Constitution | what created the Supreme Court? |
| 13; 1 | congress has created __ courts of appeals and at least _ district court in each state |
| federal courts | have limited jurisdiction; hear cases based on federal laws (federal question cases) and cases involving diversity of citizenship |
| two; incorporation; principal | for diversity of citizenship purposes, a corporation is a citizen of ___ states—the state of _____________ and the state of its ________ place of business |
| minimum | diversity of citizenship cases have a jurisdictional _______ of more than $75,000 |
| procedure | federal courts use the rules of federal _________ |
| substantive | federal question cases are decided using federal ___________ law |
| substantive | a federal court in a diversity of citizenship case uses the ___________ law of the state in which it sits to decide such a case |
| court of appeals | this court's decisions are usually final |
| money | historically, courts of law handled cases involving claims for _____ damages |
| courts of equity of chancery | historically, these courts were created where the remedy at law (money damages) was inadequate |
| jury | there is usually no right to a trial by ____ |
| maxims | courts of equity use ______ instead of rules of law to decide cases; these allow courts to achieve justice |
Created by:
Kendall Posey
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