AAERT CER EXAM WITH QUESTIONS AND
CORRECT ANSWERS LATEST UPDATE 2024/2025
|EXAM GRADED A+
subject matter and territorial jurisdiction Two types of jurisdiction all courts have federal question Cases handled by the state courts may be shifted at some point into the federal system if there is a _____ involved.-State courts -Federal courts -The United States Supreme Court
Our federated system includes three types of courts:
general jurisdiction Certain higher state courts, called superior, district, or circuit courts, possess __ .This means they can hear all those cases which lower courts cannot hear.venue The territorial jurisdiction of county and municipal courts is their __.justice of the peace Some states have yet another threshold level, the __ , entrusted with simple act such as marriages.The Supreme Court __ , as the highest tribunal, not only is the final interpreter of the Constitution.judicial review The Supreme Court has authority to invalidate (strike down) acts of Congress (or even state laws, in certain circumstances), a power not explicitly stated in the Constitution, but first claimed by the Court in 1803 called __ . 1 / 4
writ of certiorari When the Supreme Court agrees to consider an appeal, it issues a __ to whatever lower court last ruled in the case. Basically, the Supreme Court demands the record of a particular case from the lower court.res judicata If the Supreme Court refuses to hear a case, the very last ruling made in the matter stands as the final result. Then the principle of __ ("a decided thing") applies in its
ultimate form: the ladder has run out of rungs.
stare decisis The Supreme Court is usually not inclined to reverse its prior rulings, adhering to the doctrine of __ (let the decision stand).Plessy v. Ferguson and Brown v. Board of Education As society changes over time, however, the Court may find a different ruling is more appropriate than what went before. A classic example is __ (1896), which established the "separate but equal" doctrine in civil rights matters, but was reversed in 1954 (__ ), when a unanimous Court ordered an end to racial segregation "with all deliberate speed." federal district courts The lowest tier of the federal judiciary is distributed among the states: the __ ____ ___.writs of mandamus Although the federal district courts are on the lowest rung of their ladder, they
exercise formidable authority: they have, for example, the power to issue __ to
compel an official or agency to perform a specific duty.injunctions Federal district courts can also forbid certain acts from being performed, whether temporarily or permanently, by issuing __ .statutory law 2 / 4
Type of law where one can point to a positive statement by the law-making branch of government which either prescribes an action (Thou shalt...) or proscribes it (Thou shalt not...).United States Code Federal statutes are contained in the __ __ _ , abbreviated U.S.C.Common law __ __ is a body of principles which are authoritative ancient and customary.However, the phrase is often viewed as encompassing all law common to everyone, as opposed to special or local rules and regulations.Pecuniary Damages __ (money)damages (such as lost wages or repair of damaged property).Punitive damages __ damages an award of extra money to the plaintiff, designed to punish the tortfeasor.doctrines Major principles of law are often called "__ " res ipsa loquitur At other times very little or no evidence is required. This is summed up in the doctrine of __ ("the thing speaks for itself").nonsuit He sued, but lost his case at trial (it was declared a __ , or a legal action which cannot continue due to lack of adequate showing or adequate evidence.Prima facie __ (at first appearance) Code of Federal Regulations Federal agency regulations are found in the __ , abbreviated C.F.R.Equity 3 / 4
__ cases are where someone has not met a legal standard through no fault of their own. (For example, the deadline passed because the person was in a coma.) black letter law __ __ __ (the literal statements found in the statutes). An example is the United States Tax Court, which must enforce all elements of the Internal Revenue Code, no matter how unreasonable or unfair the result may be to a particular taxpayer.F.2d, F.3d Published decisions, or officially recognized volumes of printed and bound case law, grouped geographically.precedents When lawyers make specific references to prior case law, they are citing __ .dicta / dictum When an opinion includes extraneous comments by way of illustration or explanation, these __ , however amusing, memorable, or even enlightening, cannot be cited as precedents.benchmark or landmark decisions Significant rulings are often called __ or __ __ . These may affect large numbers of people, they may change long-cherished legal principles, or they may even establish completely new legal standards.Shepardizing Checking to see whether a prior opinion is still valid or has been changed by a subsequent ruling is often called __ .cause of action If you take someone to court, you obviously feel wronged. You believe you have a valid __ of __ .complaint and pleadings As the plaintiff, you file a __ , which sets out your allegation of some wrongdoing ("This is what he did") and requests Specific relief ("And this is what I want done about it") request. These are your __ .
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