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trail courts of general jurisdiction that can hear and decide most legal controversies in the federal system |
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Hear appeals from the district courts and review orders of certain administrative agencies |
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Set aside the lower courts judgement |
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Change the lower courts judgement |
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Send the case back to the lower court |
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Uphold the lower courts judgement |
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Nations highest court whose principal function is to reveiw decisions of the Federal Courts of Appeals and the highest state courts |
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mandatory review by a higher court |
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hear minor criminal cases such as traffic offenses and civil cases involving small amounts of money and conduct preliminary hearings in more serious criminal cases |
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Have jurisdiction over cases in a particular area of federal law |
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inferior trial courts with jurisdiction over cases involving a limited dollar amount |
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Have general jurisdiction over civil and criminal cases |
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Trial courts, such as probate courts and family courts, which have jurisdiction over a particular area of state law |
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Include one or two levels; the highest courts decisions are final except in those cases reveiwed by the US Supreme Court |
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Authority of a court to hear and decide a case |
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Subject Matter Jurisdiction |
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Authority of a court to decide a particular kind of case |
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Exclusive Federal Jurisdiction |
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Jurisdiction that permits only the federal courts to hear a case |
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Concurrent Federal Jurisdiction |
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Authority of federal or state courts to hear the same case |
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Any case arising under the constitution, statutes, or treaties of the United States |
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Jurisdiction over the Parties |
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Power of a court to bind the parties to a suit |
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jurisdiction based on claims against a person, in contrast to jurisdiction over property |
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Jurisdiction based on claims against property |
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Quasi in rem jurisdiction |
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Jurisdiction over property not based on claims against it |
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Particular geographical place where a court with jurisdiction may hear a case |
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Series of responsive, formal, written statements by each side to a law suit |
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Initial pleading by the plaintiff stating his case |
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Notice given to inform a person of a lawsuit against her |
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Judgment against a defendant who fails to respond to a complaint |
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Motion to dismiss for failure to state a claim |
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Defendants pleading in response to the plaintiffs complaint |
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Plaintiffs pleading in response to the defendants answer |
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Judgment on the Pleadings |
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final binding determination on the merits made by the judge after the pleadings |
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Pretrial exchange of information between opposing parties to a lawsuit |
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Binding determinations on the merits made by the judge before the trial |
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Determines the facts and the outcome of the case |
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Preliminary examination of potential jurors |
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Consists of opening statements by attorneys, direct and cross examination of witnesses and closing arguments |
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Final binding determination on the merits made by the judge after a trial has begun but before the jury renders a verdict |
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Judge gives the jury the particular rules of law that apply to the case |
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Formal decision by the jury on questions submitted to it |
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Motions Challenging Verdict |
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Include motions for a new trial and a motion for judgment not withstanding the verdict |
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Judgment notwithstanding the verdict |
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a final binding determination on the merits made by the judge after and contrary to the jurys verdict |
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Determines whether the trial court committed prejudicial error |
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Plaintiff with an unpaid judgment may resort to a writ of execution to have the sheriff seize property of the defendant and to garnishment to collect money owed to the defendant by a third party |
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nonjudicial proceeding where a neutral third party selected by disputants renders a binding decision |
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arbitration voluntarily entered by the parties |
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arbitration required by statute for specific types of disputes |
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The decision of an arbitrator |
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Nonbinding process in which a third party acts as an intermediary between the disputing parties |
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