fall 2008 court powerpoint

Fall 2008 court - Judicial Review The role of the courts in the American government is to interpret and apply the law Through the process of

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Judicial Review The role of the courts in the American government is to interpret and apply the law. Through the process of judicial review—determining the constitutionality of laws—the judicial branch acts as a check on the executive and legislative branches of government.
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Marbury v. Madison The power of judicial review was established by Chief Justice John Marshall in Marbury v. Madison, well after the Constitution had established the other checks and balances within the federal government.
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Basic Jurisdictional Requirements To effectively file a lawsuit, these requirements must be met. Jurisdiction Venue Standing to Sue
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Jurisdiction Before a court can hear a case, it must have jurisdiction over the person(s) against whom the suit is brought or the property involved in the suit, as well as jurisdiction over the subject matter .
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Subject Matter Jurisdiction Limited jurisdiction: Exists when a court is limited to a specific subject matter, such as probate or divorce. General jurisdiction: Exists when a court can hear any kind of case.
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Original vs. Appellate Jurisdiction Original jurisdiction: Exists with courts that have authority to hear a case for the first time (trial courts). Appellate jurisdiction: Exists with courts of appeals, or reviewing courts. Generally appellate courts do not have original jurisdiction.
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Federal Jurisdiction A federal court can exercise jurisdiction: When a federal question is involved (when the plaintiff’s action is based, at least in part, on the U.S. Constitution, a treaty, or a federal law). When a case involves diversity of citizenship (citizens of different states, for example) and the amount in controversy exceeds $75,000.
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Because of diversity jurisdiction, federal courts spend a good deal of time deciding issues that arise under state law. As federal courts become increasingly overburdened with cases, some have proposed to significantly limit (or eliminate) diversity jurisdiction. Are the benefits of diversity jurisdiction worth its costs to the federal court system? Diversity Jurisdiction
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This note was uploaded on 02/05/2011 for the course BULE 302 taught by Professor Demory during the Spring '10 term at George Mason.

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Fall 2008 court - Judicial Review The role of the courts in the American government is to interpret and apply the law Through the process of

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