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Judicial Review

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Judicial Review: The power enables the judicial branch to act as a check on the other two branches of government.
Jurisdiction: The power to speak the law.
In Rem Jurisdiction: Court can exercise jurisdiction over property that is located within its boundaries.
Bankruptcy Court: Only handles bankruptcy proceedings.
Probate Courts: State courts that handle only matters relating to the transfer of a person’s assets and obligations after that person’s death.
Federal Courts: Federal government is a government of limited power, the jurisdiction is limited. Federal Courts have subject-matter jurisdiction in two ways: 1.) Federal questions: Plaintiff’s cause of action is based, at least in part, on the U.S. Constitution, a treaty, or a federal law. 2.) Diversity of Citizenship: Federal district courts can also exercise original jurisdiction over cases: A.) Plaintiff and Defendant must be residents of different states B.) Money amount must exceed $75,000.
Concurrent Jurisdiction: Both Federal and State courts have the power to hear a case, as in suits involving diversity of citizenship.
Exclusive Jurisdiction: One or the other only could tried the case.
Venue: Concerned with the most appropriate location for a trial.
Standing to Sue: Sufficient stake in a matter to justify seeking relief through the court system.
Justiciable Controversy: A controversy that is real and substantial.
The State Court System: 1.) Local trial courts of limited jurisdiction 2.) State trial courts of general jurisdiction 3.) State courts of appeals 4.) The state’s highest court
Small Claims Courts: inferior trial courts that hear only civil cases involving claims of less than a certain amount.
Question of Fact: Deals with what really happened in regard to the dispute being tried.
Question of Law: concerns the application or interpretation of the law.
The Federal Court System: 1.) U.S. district courts and various courts of limited jurisdiction 2.) U.S. courts of appeals
-13 U.S. courts of appeals
-Known as U.S. circuit of appeals 3.) The United States Supreme Court
-The highest tier
-All other courts in the federal system are known as “inferior”
-Consists of 9 justices
-Can review any case decided by the federal courts of appeals
Writ of Certiorari: an order issued by the Court to a lower court requiring the latter to send it the record of the case for review.
Rule of Four: The Court will not issue a writ unless at least four of the nine justices approve of it.
Federal Rules of Civil Procedure (FRCP): All civil trials held in federal district courts are governed by.
Types of Attorney’s Fees: Fixed Fees: charged for the performance of such services as drafting a simple will. Hourly Fees: computed for matters that will involve an indeterminate period of time. Contingency Fees: Fixed percentages of a client’s recovery in certain types of lawsuits.
Complaint: The complaint contains a statement alleging: 1.) The facts showing that the court has subject-matter and personal jurisdiction. 2.) The facts establishing the plaintiff’s basis for relief. 3.) The remedy the plaintiff is seeking.
Service of Process: Formally notifying the defendant of a lawsuit.
Summons: A notice requiring the defendant to appear in court and answer the complaint.
Default judgment: Defendant failed to respond to the allegations.
Pretrial Motions: Motion for judgment on the pleadings, and the motion for summary judgment.

Motion to Dismiss: Asking the court to dismiss the case for the reasons stated in the motion.
Affidavits: Sworn statements by parties or witnesses.
Discovery: Process of obtaining information from the opposing party or from witnesses prior to trial.
Deposition: Sworn testimony by a party to the lawsuit or by any witness, recorded by an authorized court official.
Interrogatories: Written questions for which written answers are prepared and then signed under oath.
E-evidence: Electronic evidence consists of all computer-generated recorded information.
Voir Dire: The jury selection process.
Brief: A formal legal document outlining the facts and issues of the case.
Appellate Review: 1.) The court can affirm the trial court’s decision. 2.) The court can reverse the trial court’s judgment if jury did not receive proper instructions. 3.) The appellate court can remand the case to the trial court for further proceedings consistent with its opinion on the matter. 4.) The court might also affirm or reverse a decision in part. 5.) An appellate court can also modify a lower court’s decision.
Writ of Execution: An order directing the sheriff to seize and sell defendant’s nonexempt assets, or property.

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