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| A summary of each of the following items of a case: case name and citation, key facts, issue presented, holding of the court, courts reasoning |
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| Developed by judges who issued their opinions when deciding a case. the principles announced in these cases became precedent for later judges deciding similar cases. |
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| Constitution of the United States of America |
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| The supreme law of the united states |
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| Court that granted relief based on fairness. Also called equity court. |
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| The process of specifying the issue presented by a case, identifying the key facts in the case and applicable law, and then applying the law to the facts to come to a conclusion that answers the issue presented. |
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| an order issued by a member of the executive branch of the government |
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| a decision about an individual lawsuit issued by federal state courts. |
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| the philosophy or science of law. |
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| a court that developed and administered a uniform set of laws decreed by the king and queens after william the conqueror; legal procedure was emphasized over merits at this time. |
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| That which must be obeyed and followed by citizens subject to sanctions or legal consequences; a body of rules of action or conduct prescribed by controlling authority, and having binding legal force. |
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| laws enacted by local government bodies, such as cities and municipalities, counties, and water districts |
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| a rule of law established in a court decision. Lower courts must follow the precedent established by higher courts |
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| Latin: To stand by the decision. Adherence to precedence |
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| Written law enacted by the legislative branch of the federal and state governments that establishes certain courses of conduct that must be adhered to be covered parties. |
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| a compact made between two or more nations |
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| the act of asking an appellate court to overturn a decision after the trial courts' final judgement has been entered. |
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| the appealing party in an appeal. also known as petitioner |
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| the responding party in an appeal. also known as the respondent |
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| jurisdiction shared by two or more courts |
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| the act of a court to combine two or more seperate law suits into one lawsuit |
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| a case between (1) citizens of different states and (2) citizens of a state and a citizen or subject of a foreign country |
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| jurisdiction held by only one court |
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| a case arising under the us constitution, treaties, and federal statute and regulations |
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| contract provision that designates a certain court to hear any dispute concerning non performance of the contract |
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| general jurisdiction trial court |
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| a court that hears cases of a general nature that are not within the jurisdiction of limited-jurisdiction trial courts. Testimony and evidence at trial are recorded and stored for future reference |
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| jurisdiction over the parties of a lawsuit |
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| jurisdiction to hear a case because of jurisdiction over the property of the lawsuit |
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| intermediate appellate court |
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| an intermediate court that hears appeals from trial courts |
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| the act of others to join as parties to an existing lawsuit |
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| the authority of a court to hear a case |
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| limited-jurisdiction trial court |
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| a court that hears matters of a specialized or limited nature |
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| a statute that extends a states jurisdiction to non residents who were not served a summons within the state |
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| a petition asking the supreme court to hear one's case |
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| the party who files a lawsuit |
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| the paperwork that is filed with the court to initiate and respond to a lawsuit |
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| quasi in rem jurisdiction |
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| jurisdiction allows a plaintiff who obtains judgement in one state to try to collect the judgement by attaching property of the defendant located in another state |
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| filed by the original plaintiff to answer the defendants cross complaint |
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| a summons is served on the defendant to obtain personal jurisdiction over him or her |
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| a court that hears civil cases involving small dollar amounts |
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| federal courts that hear matters of specialized or limited jurisdiction |
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| the plaintiff must have some stake in the outcome of the lawsuit |
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| the highest court in a state court system; it hears appeals from intermediate state courts and certain trial courts |
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| statute that establishes the time period during which a lawsuit must be filed; if the lawsuit is not brought within the period, the injured party loses the right to sue |
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| subject matter jurisdiction |
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| jurisdiction over the subject matter of a lawsuit |
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| United State Court of Appeals |
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| the federal court system's intermediate appellate court |
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| United States district court |
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| the federal court system's trial courts of general jurisdiction |
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| United States Supreme Court |
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| The highest court of the land |
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| a concept that requires lawsuits to be heard by the court with jurisdiction that is nearest the location in which the incident occurred or where the parties reside. |
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| an official notice that the supreme court will hear ones case |
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| alternative dispute resolution |
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| methods of resolving disputes other than litigation |
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| the defendants written response to the plaintiffs complaint that is filed with the court and served on the plaintiff |
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| a clause contained in many international contracts that stipulates that any dispute between the parties concerning the performance of the contract will be submitted to an arbitrator |
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| a form of ADR in which the parties choose an impartial third party to hear and decide the dispute |
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| the document the plaintiff files with the court and serves the defendant to initiate the lawsuit |
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| a form of mediation in which the parties choose an interested third party to act as the mediator |
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| filed by the defendant against the plaintiff to seek damages or some other remedy |
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| party who gives his or her deposition |
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| oral testimony given by a party or witness prior to trial. the testimony is given under oath and transcribed |
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| a legal process during which both parties engage in various activities to discover facts of the case from the other party and witnesses before the trial |
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| written questions submitted by one party to another party. The questions must be answered in writing within a stipulated time |
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| the act of others to join as parties to an existing lawsuit |
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| the process of bringing, maintaining, and defending a lawsuit |
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| a form of ADR in which the parties chose a neutral third party to act as the mediator of a dispute |
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| motion for judgement on the pleadings |
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| motion that alleges that if all of the facts presented in the pleadings are taken as true, the moving party would win the lawsuit, when the proper law is applied to these asserted facts |
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| motion for summary judgement |
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| motion that asserts that there are no factual disputes to be decided by the jury; if so, the judge can apply the proper law to the undisputed facts and decide the case without a jury. These motions are supported by affidavits, documents and deposition testimony |
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| a hearing before the trial in order to facilitate the settlement of a case. also called a settlement conference |
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| a motion a party can make to try and dispose of all or part o a lawsuit prior to trial |
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| request by one party to another party to produce all documents relevant to the cae prior to trial |
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| a court order directing the defendant to appear in court and answer the complaint |
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| documents submitted by the parties attorneys to the judge that contain legal support for their side of the case |
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| the jury in a jury trial; the judge where there is not a jury trial |
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