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Cameran B and P Law
page 51
34
Business
12th Grade
09/29/2014

Additional Business Flashcards

 


 

Cards

Term
Jurisdiction
Definition
the official power to make legal decisions and judgments.
Term
Original Jurisdiction
Definition
The ___________ of a court is the power to hear a case for the first time
Term
Apellate Court
Definition
is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal
Term
Special Jurisdiction
Definition
is the courts' jurisdiction only on certain types of cases such as bankruptcy, family matters, etc.
Term
Juvenille Delinquent
Definition

A minor who has participated in illegal behavior

Term
Abused Child
Definition
 a child who has endured the physical, sexual or emotional maltreatment or neglect of a said child
Term
Mediation
Definition
as used in law, is a form of alternative dispute resolution (ADR), a way of resolving disputes between two or more parties with concrete effects. Typically, a third party, the ______or, assists the parties to negotiate a settlement.
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
Term
Answer
Definition
in law, a written pleading filed by a defendant to respond to a complaint in a lawsuit filed and served upon that defendant. 
Term
Judgement
Definition
the ability to make considered decisions or come to sensible conclusions.
Term
Bail
Definition
the temporary release of an accused person awaiting trial, sometimes on condition that a sum of money be lodged to guarantee their appearance in court.
Term
Arraingnment
Definition
is a formal reading of a criminal charging document in the presence of the defendant to inform the defendant of the charges against him or her.
Term
Diversity of Citizenship
Definition
In the law of the United States, diversity jurisdiction is a form of subject-matter jurisdiction in civil procedure in which a United States district court in the federal judiciary has the power to hear a civil case where the persons that are parties are "diverse" in citizenship
Term
Intermediate Court
Definition
a court (as an appeals court) beneath the court of last resort in a jurisdiction 
Term
Apellate Jurisdiction
Definition
is the power of a court to review decisions and change outcomes of decisions of lower courts
Term
General Jurisdiciton
Definition
A court of __________ is one that has the authority to hear cases of all kinds
Term
Unruly Child
Definition
A minor who is causing problems though the minor has not broken any laws yet
Term
Alternative Resolution
Definition
refers to any means of settling disputes outside of the courtroom. ADR typically includes early neutral evaluation, negotiation, conciliation, mediation, and arbitration.
Term
Arbitration
Definition
Arbitration, a form of alternative dispute resolution  is a technique for the resolution of disputes outside the courts. The parties to a dispute refer it to arbitration by one or more persons  and agree to be bound by the arbitration decision (the "award"). A third party reviews the evidence in the case and imposes a decision that is legally binding on both sides and enforceable in the courts
Term
Summary Jury Trial
Definition
l 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 (someone) 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 of the united states
Definition
Federal and State court systems
Term
What is the source of the federal court systems power
Definition
Article III of the US Constitution granted all judicial power in a SupremeCourt and as many inferior courts as Congress felt necessary.
Term
In what cases do federal courts present original jurisdiciton
Definition

1.Diversity of Citizenship

2. Fees for crime exceed 75,000

3. Case involves federal jurisdiction

Term

When are the police allowed to search a vehicle without a warrant?

 

Definition
  1. You have given the officer consent
  2. The officer has probable cause to believe there is evidence of a crime in your vehicle
  3. The officer reasonably believes a search is necessary for their own protection (a hidden weapon, for example)
  4. You have been arrested and the search is related to that arrest (such as a search for illegal drugs)
Term

What is the difference btween judgement and verdict?

 

Definition
Judgement is the process and vedict is the ultimatum.Hence judgment is the second last step to verdict but not always.
Term
Describe the rrghts of an arrested person?
Definition
The person in custody must, prior to interrogation, be clearly informed that he/she has the right to remain silent, and that anything the person says will be used against that person in court; the person must be clearly informed that he/she has the right to consult with an attorney and to have that attorney present during questioning, and that, if he/she is indigent, an attorney will be provided at no cost to represent him/her.
Term
What happens if the jury does not agree on a verdict?
Definition
This i called a Hung Jury and then to be called amistrial though the trial can be retried
Term

Under what circumstances might a judge commit a jevenille offender to reform school?

Definition
usually this happens when the juvenile is a multiple offender. If the judge can reasonably conclude that the juvenile would not be provided for adequately at home, he may decide to send juvenile away
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