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litigate

answer

To place a dispute before a court of law for resolution.

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mediation

answer

A method of settling disputes outside of court by using the services of a neutral third party, called a mediator. The mediator acts as a communicating agent between the parties and suggests ways in which the parties can resolve their dispute. Not legally binding.

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arbitration

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(law) the hearing and determination of a dispute by an impartial referee agreed to by both parties. The decision is legally binding.

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court

answer

A governmental forum that administers justice under the law.

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trial court

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The first court to hear a dispute

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verdict

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A decision in a court case

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original jurisdiction

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The original power to decide a case

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appellate court

answer

A court that reviews decisions of lower courts when a party claims an error was made during the previous proceeding

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transcript

answer

A verbatim record of what occurred during a trial.

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appellate briefs

answer

Written arguments on the issues of law

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general jurisdiction

answer

The authority to hear almost any kind of case

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specialized jurisdiction

answer

The authority to hear only one specific type of case

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writ of certiorari

answer

An order from the Supreme Court to the state court to turn over the record of a case to the Supreme Court for review.

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court of record

answer

A trial court that keeps an exact account of what goes on at the trial

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Justice

answer

The title given to judges who sit on state supreme courts and the federal Supreme Court.

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associate circuit courts (or county courts)

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State courts at a level below the main courts of general original jurisdiction.

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municipal courts

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City courts that administer the city's ordinances.

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small claims courts

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Courts that handle disputes in which small amounts, generally $2,500 or less, are involved.

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juvenile courts

answer

Courts established specifically to hear cases involving persons under the age of 18 who have not been charged as adults.

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probate courts

answer

Courts that administer wills and estates.

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How Can Disputes Be Resolved Without Going to Court?

answer

1. Litigation 2. Mediation 3. Arbitration

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Why should parties to a dispute try to negotiate a settlement without resorting to litigation?

answer

Often a dispute can be settled through a mutually acceptable solution thus avoiding the costs, delays, and difficulties of a court trial.

question

Name the different levels of courts and describe their powers.

answer

A trial court hears witnesses testify and examines other information presented to prove the alleged facts and render a legal decision. An appellate court is concerned with the application of law in the decision of a lower court and may affirm, reverse, amend, or remand the decision of a lower court.

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Federal District Courts

answer

Trial courts on the federal level

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Federal Courts of Appeal

answer

Appellate courts on the federal level

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United States Supreme Court

answer

Highest court, hears both original and appeals, handles issues regarding the US Constitution

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Why does Congress have the power to establish new federal courts?

answer

Section 1 of Article III of the U.S. Constitution gives Congress the authority to establish inferior courts from time to time as needed.

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What is the source of power of the federal courts?

answer

Article III of the Constitution confers the power to judge certain criminal and civil matters in federal courts and Section 1 specifies a Supreme Court and the power of Congress to establish inferior federal courts.

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State Courts with Specialized Jurisdiction

answer

A. Associate Circuit Courts B. City or Municipal Courts C. Small Claims Courts D. Juvenile Courts E. Probate Courts

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Why is it important for a court of record to keep an exact account of the trial?

answer

An exact account is important because it is the record on which an appeal is based

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What are two major differences between the treatment of juveniles and adults in trial courts?

answer

Courts usually emphasize rehabilitation rather than punishment for juveniles and courts ensure that most of the criminal cases involving juveniles do not become public knowledge

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Identify the typical state courts of specialized jurisdiction

answer

Typical courts of specialized jurisdiction are associate circuit courts, municipal courts, small claims courts, juvenile courts, and probate courts.

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judge

answer

A person chosen to interpret laws, decide on a winner, or settle a controversy

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lawyer

answer

a professional person authorized to practice law

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jury

answer

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

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errors of law

answer

a mistake made by a judge in applying the law to a specific case

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affirmed

answer

approved or allowed

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reversed

answer

overturned

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amended

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change

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remanded

answer

send back to lower court

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state trial courts

answer

Trial courts on the state level

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state court of appeals

answer

Appellate courts on the state level

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state supreme court

answer

state court that reviews decisions of appeals courts

Business Law: Chapter 3 Court Systems – Flashcards

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