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Judicial Review
Judiciary can decide among other things whether the laws or actions of the other two branches are constitutional (the process)
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Minimum Contacts
sufficient contacts (required for long arm statute)
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In personam Jurisdiction
(personal jurisdiction) over person or business that resides in a certain geographic area.
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In rem Jurisdiction
exercise jurisdiction over property that is located within its boundaries
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Jurisdiction
"the power to speak the law"
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Long arm Statute
personal jurisdiction over certain out of state defants based on activites that took place within the state
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Court of Limited Jurisdiction
probate courts and bankruptcy courts
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Court of General Jurisdiction
State trial court or federal district court
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Bankruptcy court
handle only bankruptcy proceedings, court of limited jurisdiction
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Probate court
handle only matters relating to the transfer of a person's assets and obligation after that person's death.
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concurrent jurisdiction
When both state and federal courts have jurisdiction (diversity of citizenship for example)
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diversity of citizenship
When federal court has jurisdiction over a case that does not einvolve a question of federal law (2 different states of residency, exceeds $75,000)
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exclusive jurisdiction
when ony state courts or only federal courts have jurisdiction. (federal crimes, bankruptcy, most patent and copyright claims)
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federal question
When a plaintiff's cause of action is based at least in part on the U.S. constitution, a federal treaty, or a federal law.
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venue
the most appropriate location for a trial
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standing to sue
a sufficient stake in a matter to justify seeking relief through the court system.
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justiciable controversy
a controversy that is real and substantial, as apposed to hypothetical or academic
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question of fact
what really happened in regard to the dispute being tried, such as whether a party actually burned a flag.
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question of law
the application or interpretation of the law such as whether flag burning is a form of speech protected by the first ammendment to the U.S. constitution.
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small claims court
inferior trial courts that hear only civil cases involving claims of less than a certain amount such as $5,000
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writ or certiorari
order issued by the supreme court to a lower court requiring the latter to send it the record of the case for review.
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alternative dispute resolution (adr)
alternative means of settling disputes
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mediation
a neutral third part acts as a mediator and works with both sides in the dispute to facilitate a resolution
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negotiation
the parties attempt to settle their disputes informally with or without attorneys to represent them
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arbitration
an arbitrator (a neutral third party or a panel of experts) hears a dispute and imposes a resolution on the parties.
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arbitration clause
a written agreement specifying that any dispute arising under the contract will be resolved through arbitration rather than through the court system.
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american arbitration association (aaa)
a major provider of ADR services, founded in 1926, handles more than 200,000 claims a year in numerous offices around the country.
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online dispute resolution (odr)
settlement of disputes in online forums, most commonly involved rights to domain names or quality of goods sold via the internet
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