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trial courts of general jurisdiction that can hear and decide most legal controversies |
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hear appeals fromt he district courts and review orders of certain administrative agencies |
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set aside the lower court's judgment |
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change thelower court's judgment |
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send the case back to the lower court |
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uphold thelower court's judgment |
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nation's highest court whose principal function is to review 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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discretionary review by a higher court |
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have jurisdiction over cases in a particular area of federal law and include the U.S. court of Federal Claims, the Tax Court, the US bankruptcy Courts, and the US court of appeals for the Federal Court |
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hear minor criminal cases such as traffic offenses and civil casesinvolving small amounts of money and conduct preliminary hearings in more serious criminal cases |
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inferior trial courts with jurisdiction over civil 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 court's decisions are final except in those cases reviewed 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 jurisdition |
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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 US |
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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 wiht jurisdiction may hear a case |
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series of responsive formal, written statements by each side to a lawsuit |
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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 failuare to state a claim |
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defendant's pleading in responst to the plaintiff's complaint |
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plaintiff's pleading in response to the defendant's answer |
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process requiring the parties to disclose what evidence is available to prove the disputed facts; designed to encourage settlement of cases or to make the trial more efficient |
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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 b/t opposing parties to a lawsuit |
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a conference between the judge and the attorneys to simplify the issues in dispute and to attempt to settle the dispute without trial |
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determines the facts and the outcome of the case |
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binding determinations on the merits made by the judge before trial |
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preliminary examinations of potential jurors |
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consists of oopening 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 notwithstanding the verdict |
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judgement notwithstanding the verdict |
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a final binding determination on the merites made by the jduge after and contrary to the jury's verdict |
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determines whether the trial court comitted prejudicial error |
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plaintiff with an upaid 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 the third party |
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nonjudicial proceeding where a netural thrid party selected by disputants renders a binding decision |
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arbitration voluntarily entered into by the parties |
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arbitration required by statute for specific types of disputes |
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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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nonbinding process in which a third party acts as an intermediary between the disputing parties an proposes solutions for them to consider |
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binding process in which a third party serves first as a mediator and then as an arbitrator for those issues not resolved through mediation |
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nonbinding process in which attorneys for the disputing parties present evidence to managers of the disputing parties and a neutral third party, and then the managers attempt to negotiate a settlement in consultation with the third party |
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mock trial followed by negotiations |
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consensual bargaining process in which the parties attempt to reach an agreement resolving their dispute without the involvement of third parties |
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