Judicial Review

749 WordsApr 19, 20143 Pages
Judicial Review: The power enables the judicial branch to act as a check on the other two branches of government. Jurisdiction: The power to speak the law. In Rem Jurisdiction: Court can exercise jurisdiction over property that is located within its boundaries. Bankruptcy Court: Only handles bankruptcy proceedings. Probate Courts: State courts that handle only matters relating to the transfer of a person’s assets and obligations after that person’s death. Federal Courts: Federal government is a government of limited power, the jurisdiction is limited. Federal Courts have subject-matter jurisdiction in two ways: 1.) Federal questions: Plaintiff’s cause of action is based, at least in part, on the U.S.…show more content…
circuit of appeals 3.) The United States Supreme Court -The highest tier -All other courts in the federal system are known as “inferior” -Consists of 9 justices -Can review any case decided by the federal courts of appeals Writ of Certiorari: an order issued by the Court to a lower court requiring the latter to send it the record of the case for review. Rule of Four: The Court will not issue a writ unless at least four of the nine justices approve of it. Federal Rules of Civil Procedure (FRCP): All civil trials held in federal district courts are governed by. Types of Attorney’s Fees: Fixed Fees: charged for the performance of such services as drafting a simple will. Hourly Fees: computed for matters that will involve an indeterminate period of time. Contingency Fees: Fixed percentages of a client’s recovery in certain types of lawsuits. Complaint: The complaint contains a statement alleging: 1.) The facts showing that the court has subject-matter and personal jurisdiction. 2.) The facts establishing the plaintiff’s basis for relief. 3.) The remedy the plaintiff is seeking. Service of Process: Formally notifying the defendant of a lawsuit. Summons: A notice requiring the defendant to appear in court and answer the complaint. Default judgment: Defendant failed to respond to the allegations. Pretrial Motions: Motion for judgment on the pleadings, and the motion for
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