MGMT 217 Chapter Notes - Chapter 3: In Rem Jurisdiction, Probate Court, General Jurisdiction
Document Summary
The judiciary"s role: role is to interpret and apply the law. Judicial review= the process for determining whether the decisions made by the executive and legislative branches are constitutional: the origins: in the u. s. ; the u. s. supreme court established this power in the 1803 case. Marbury v. madison: not mentioned in the u. s. constitution. Jurisdiction= the power to speak the law; a court"s authority to decide a case: the court must have jurisdiction over the person the suit is brought against or the property involved. It must be a justiciable controversy= a controversy that is real and substantial, as opposed to hypothetical or academic. Can also include a counterclaim: counterclaim= a claim made by a defendant in a civil lawsuit against the plaintiff. The motion will be granted only if no facts are in dispute and the sole issue to be resolved is a question of law: motion for summary judgment= a request to enter a judgment without a trial.
