Business Law Ch 2

What are the three major powers of the judiciary?

1. The power of judicial review 2. the power to interpret and apply statues 3. the power to create law through precedent

precedent

(civil law) a law established by following earlier judicial decisions

Trial Court

the first court before which the facts of a case are decided

Appellate Court

A court having jurisdiction to review cases and issues that were originally tried in lower courts

Jury

a group of citizens chosen to hear evidence and make a decision in a court of law

Indictment

a written accusation charging a party with committing a crime which is drawn up by the prosecuting attorney and issued by a grand jury

Jurisdiction

a court's authority to hear and decide cases

General Jurisdiction

court that can hear almost any kind of case

Limited Jurisdiction

the power to hear only certain kinds of cases (such as tax cases).

Subject Matter Jurisdiction

Using the term as it relates to being able to use the federal court system (option), in addition to a state court (default)

Federal Courts are available ONLY if..

1. Diversity of Citizenship (Compete diversity among the parties, and amount in controversy more than $75K) Or 2. Federal Question

What law applies in federal court?

1. Federal question --> Federal Law
2. Diversity of citizenship action --> need to have same law apply

Writ of certiorari

The legal document used within the discretion of a reviewing court to decide whether to hear a case, thereby agreeing to review a lower court's decision