A | B |
original jurisdiction | The power of a court to take a case, try it, and decide it. |
trial court | A court in which cases begin and in which questions of fact are examined. |
appellate jurisdiction | The power of a court to hear and decide an appeal. |
appellate court | A court that reviews decisions made by lower courts, such as trial courts; a court of appeals. |
federal question | A question that pertains to the U.S. Constitution, acts of Congress, or treaties. |
concurrent jurisdiction | Jurisdiction that exists when two different courts have the power to hear a case. |
exclusive jurisdiction | Jurisdiction that exists when a case can be heard only in a particular court, such as a federal court. |
venue | The geographical district in which an action is tried and from which the jury is selected. |
writ of certiorari | A writ from a higher court asking the lower court to send it the record of a case for review. |
rule of four | A rule of the United States Supreme Court under which the Court will not issue a writ of certiorari unless at least four justices approve of the decision to issue the writ. |
arbitration | A method of settling disputes in which a dispute is submitted to a disinterested third party who renders a decision that may or may not be legally binding. |
binding mediation | A form of ADR in which a mediator attempts to facilitate agreement between the parties but then issues a legally binding decision if no agreement is reached. |
American Arbitration Association (AAA) | The major organization offering arbitration services in the United States. |
early neutral case evaluation | A form of ADR in which a netural third party evaluates the strengths and weaknesses of the disputing parties' positions; the evaluator's opinion forms the basis for negotiating a settlement. |