BUL4421 EXAM 1 QUESTIONS WITH CORRECT ANSWERS 100% VERIFIED BY EXPERTS| LATEST
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Jurisdiction The authority of a court to hear a case/render decisions
apellate court a court with the authority to review lower court decisions.
Plaintiff One who begins a lawsuit
Defendant an individual or group being sued or charged with a crime
concurrent jurisdiction authority for both state and federal courts to hear and decide cases
Structure of Federal Court System *District Courts (original jurisdiction)
*Courts of Appeal (appellate jurisdiction)
*U.S. Supreme Court (final appellate court)
venue determines which trial court in the system will hear the case. (Often where the
defendant resides or where the incident took place)
long arm statute A state statute that permits a state to exercise jurisdiction over
nonresident defendants. (Avoids allowing an injured plaintiff to evade legal action if they live in
a different state.)
Steps in Civil Litigation 1. pretrial stage 2. pretrial motions 3.discovery 4.requests for
admission of facts 5.pretrial conference 6.the trial
negotiation a bargaining process in which disputing parties interact informally to attempt to
resolve their dispute, without lawyers or 3rd party
, mediation when disputing parties select a neutral to help facilitate communication and
suggest solutions.
Arbiration hearing and settling of a dispute by a neutral 3rd party not involved in the
disagreement, outside judicial setting.
Federalism A system of government in which a written constitution divides power between
a central, or national, government and several regional governments
U.S. Constitution A document that embodies the fundamental laws and principles by which
the United States is governed. Establishes a system of goverment
Checks and Balances A system that allows each branch of government to limit the powers of
the other branches in order to prevent abuse of power
Supremacy Clause (Article VI) There cannot be a law that contradicts another law.
concurrent authority both state and federal governments have the power to regulate the
same subject matter
First 3 Articles of the Constitution establish the 3 branches of government; Legislative
(Congress), Executive (office of the President,) and Judicial (Federal court system).
Marbury v. Madison This case establishes the Supreme Court's power of Judicial Review
(1803)
Federal Preemption Doctrine showing federal government to exclusively regulate an area.
UPDATE GUARANTEED SUCCESS
Jurisdiction The authority of a court to hear a case/render decisions
apellate court a court with the authority to review lower court decisions.
Plaintiff One who begins a lawsuit
Defendant an individual or group being sued or charged with a crime
concurrent jurisdiction authority for both state and federal courts to hear and decide cases
Structure of Federal Court System *District Courts (original jurisdiction)
*Courts of Appeal (appellate jurisdiction)
*U.S. Supreme Court (final appellate court)
venue determines which trial court in the system will hear the case. (Often where the
defendant resides or where the incident took place)
long arm statute A state statute that permits a state to exercise jurisdiction over
nonresident defendants. (Avoids allowing an injured plaintiff to evade legal action if they live in
a different state.)
Steps in Civil Litigation 1. pretrial stage 2. pretrial motions 3.discovery 4.requests for
admission of facts 5.pretrial conference 6.the trial
negotiation a bargaining process in which disputing parties interact informally to attempt to
resolve their dispute, without lawyers or 3rd party
, mediation when disputing parties select a neutral to help facilitate communication and
suggest solutions.
Arbiration hearing and settling of a dispute by a neutral 3rd party not involved in the
disagreement, outside judicial setting.
Federalism A system of government in which a written constitution divides power between
a central, or national, government and several regional governments
U.S. Constitution A document that embodies the fundamental laws and principles by which
the United States is governed. Establishes a system of goverment
Checks and Balances A system that allows each branch of government to limit the powers of
the other branches in order to prevent abuse of power
Supremacy Clause (Article VI) There cannot be a law that contradicts another law.
concurrent authority both state and federal governments have the power to regulate the
same subject matter
First 3 Articles of the Constitution establish the 3 branches of government; Legislative
(Congress), Executive (office of the President,) and Judicial (Federal court system).
Marbury v. Madison This case establishes the Supreme Court's power of Judicial Review
(1803)
Federal Preemption Doctrine showing federal government to exclusively regulate an area.
