Shared Flashcard Set

Details

Intro to Law Mid-Term
Limitations on Jurisdiction
16
Management
Undergraduate 2
11/03/2009

Additional Management Flashcards

 


 

Cards

Term
Feigned Controversies
Definition
Dismissed by court; not a real controversy
Term
Lord v. Veazie
Definition
Court rules: missing adversary parties--> feigned; no real conflict of interest between parties
Term
Roche v. Johnson
Definition
Feigned, (their motive was to get the federal law decided without the presence of US senate)
Term
Buchanan V. Warlay
Definition
NOT feinged; but should have been because it was planned incentive by parties)
Term
Advisory opinions
Definition
Courts do not give advisory opinions because their function is to determine controversies between litingents
Term
Moot cases
Definition
lawsuit that was once good but the passage of time makes it not matter
Term
Cole v. Chief of Police of Fall River
Definition
Moot case; procedural problem (courts won't decide on merits); adverse parties but no actual conflict
Term
Anderson et al. v. Martin
Definition
Background: Law requiring race be stated on ballot
**Decision reversed-->Declaratory judgement; racist law decided unconstitutional and case not moot because of importance of issue
Term
Declaratory Judgement
Definition
American courts simply declare the law
Term
Dipunus v. Odeegard
Definition
appeal declared moot because was decided after Dipunus' graduation from law school (injunction had been placed to let him go to school during trial)
Term
Injunction
Definition
Judge orders something to happen without trial (Have to convince the court of urgency and that there will be more harm to you while waiting for trial)
Term
**FACT: For whatever reason, court has DISCRETION
Definition
Term
United States v. Sisson
Definition
Background: No authority to conscript him to serve in a war not declared by congress
**Political Question; eventually motion granted after appeal because Sisson is a "sincere concientious objector" and can't base a status on religion
Term
Political Question
Definition
1)Better for another branch to decide
2)Judges arent qualified to judge (way beyond scope of judgement)
Term
Tileston v. Ulman
Definition
dismissed based on absence of adversary parties; Tileston did not have "standing to sue"
Term
Poe v. Ullman
Definition
Dismissed by court; no immediate threat and no actual prosecution
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