Shared Flashcard Set

Details

legal language
business and practical law
33
Business
11th Grade
09/29/2014

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Cards

Term
Jurisdiction
Definition
the power and authority given to a court to hear a case and make a judgment
Term
original jurisdiction
Definition
authority of a court to try a case the first time it is heard
Term
appellate court
Definition
the united states court of appeals
Term
limited jurisdiction
Definition
local courts that handle minor matters such as misdemeanors and civil actions involving small amounts of money
Term
delinquent child
Definition
a minor child under a certain age who has committed an adult crime
Term
abused child
Definition
mistreatment of a child by a parent or guardian, including neglect, beating, and sexual molestation.
Term
mediation
Definition
action in mediating between parties, as to effect an agreement or reconciliation.
Term
med-arb
Definition
A form of arbitration in which the arbitrators starts as a mediator but in the event of a failure of mediation, the arbitrator imposes a binding decision.
Term
private civil trial
Definition
Trials run according to the same rules of procedure and evidence as trials run under the official auspices of the court. In a private trial, the parties can hold the trial when and where they choose, and they can choose the judge. Lengthy civil cases are well-suited to this approach
Term
answer
Definition
the defendants response to the allegations filed by the plaintiff in the complaint
Term
judgement
Definition
the courts determination or decision in a case
Term
bail
Definition
money or other property that is left with the court to assure that a person who has been arrested but released, will return to trial
Term
arraignment
Definition
procedure which the accused is brought to court, read indictment regarding the crime is asked to plead guilty or not guilty
Term
diversity of citizenship
Definition
cases that involve citizens of different states and in which the amount of money in dispute exceeds $75,000
Term
intermediate court
Definition
courts between lower and higher courts
Term
appellate jurisdiction
Definition
any party to suit decided in a federal district court, may appeal to the Federal court
Term
unruly child
Definition
a minor who has done something that is inappropriate that is not considered an adult crime
Term
general jurisdiction
Definition
general trial court that handles criminal and civil cases all major crime cases begin here
Term
alternative resolution
Definition
the process outside the usual system which party's may attempt to solve disputes using creative settlement techniqes
Term
arbitration
Definition
the use of an arbitrator to settle a dispute.
Term
summary jury trial
Definition
Summary jury trial is an alternative dispute resolution technique, increasingly being used in civil disputes in the United States. In essence, a mock trial is held: a jury is selected and, in some cases, presented with the evidence that would be used at a real trial.
Term
ADR contract clause
Definition
A clause that specifies that the parties to the agreement have promised to use an alternative dispute resolution technique when a disagreement arises rather than litigating the issue.
Term
verdict
Definition
a decision on a disputed issue in a civil or criminal case or an inquest.
Term
arrest
Definition
seize by legal authority and take into custody.
Term
indictment
Definition
a formal charge or accusation of a serious crime.
Term
what are the two court systems in the united states?
Definition
federal and state.
Term
what is the source of the federal court systems authority?
Definition
jurisdiction.
Term
in what kind of case does a federal district court have original jurisdiction?
Definition
both civil and criminal.
Term
when are the police allowed to search a vehicle without a warrant?
Definition
when an arrest takes place in a car.
Term
how does a verdict differ from a judgement?
Definition
verdict is what the jury agrees on judgment is what the court agrees on.
Term
describe the rights of an arrested person?
Definition
the have the Miranda rights
Term
what happens if a jury cannot agree on a verdict?
Definition
a new trial may be held at the option of the prosecution.
Term
under what circumstances might a judge commit a juvenile offender to a reform school?
Definition
when both probation and foster care have failed.
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