Exam 1 Chapter 2 – Flashcards

Established in Marbury v. Madison (1803)

Power of a court to hear a dispute and to speak the law into a controversy and render a verdict that is legally binding.

Courts power to compel the presence of the people in court.

Court has power to declare issues relating to property within geographical borders.

Ability to stretch jurisdiction into others.

Courts must be able to hear a case. Results from statutory limitation on the types of cases a court can hear.

Case is being heard for the first time.

Courts having appellate jurisdiction act as reviewing, or appellate, courts. In general, cases can be brought before appellate courts only on appeal from an order or a judgment of a trial court or other lower courts.

case comes under the judicial power of the federal courts. A person who claims that her constitutional rights have been violated, for instance, can file the lawsuit in a federal court. A federal court will apply federal law.

Parties are not from the same state and amount in question is greater than $75,000 is required to move case to federal court.

Only one court has the power to hear the case.

More than one court can hear the case.

Most appropriate location for the trial. Generally where the injury occurred.

A party must have suffered a legal injury and have a sufficient stake in the controversy.

The two parties meet to try and settle the dispute before a trial. No neutral third party is present.

Negotiation, mediation, and arbitration.

A mediator talks with each member of the party in private to determine a common ground to settle on.

An arbitrator considers a case and grants a settlement (an award). The arbitrator is usually an expert in the area of the dispute.

Submission of a dispute to a neutral party who hears the case and makes a decision.

An arbitrator makes a determination of the rights of the parties to the dispute, but this determination is not binding upon them, and no enforceable arbitration award is issued.