Chapter 6 Terms and Definitions (some are paraphrased)

Act of State doctrine – American courts should not determine the validity of public acts committed by a foreign sovereign in its own territory. The law presumes the acts of a foreign sovereign within its own territory to be valid. Pg. 268.

Advisory opinion – In this capacity, as provided under some state constitutions, the court acts as an advisor and its opinion has no legal standing. Pg. 258.

Cases and controversies – As required by the Constitution, Article III, Section 2 The U.S. Supreme Court is precluded from providing advisement to other branches of government or anyone else. Pg. 258.

Collusion – Exists when one party is controlling both sides of a case. The court will not hear cases of collusion. Pg. 257

Insurance –

Moot – A case seeking to determine and “abstract question which does not rest on existing facts or rights, or which seeks a judgment in an alleged controversy when in reality there is none.” Barron’s pg. 324. Moot cases are outside of the judicial power

Political question – The courts will decline to hear cases that are political in nature. Which cases are political is decided on a case-by-case basis. Pg. 265

Privity – Exists when there is a relationship between two people that allows one not directly involved in the case to take the place of the one who is a party. Pg. 274.

Property right – The right of a person to their own property. Guess.

Public policy – That which is best for society as a whole; a subjective determination by an individual such as a judge or a governor, or a group such as a township committee or state legislature of what is for the general good of all the people. Barron’s pg. 403.

Res judicata – The matter has already been decided. This means that once a suit is brought the same facts cannot be used again in another suit with the same parties. Pg. 274.

Ripe – Exists when the subject of a controversy or a government act has a direct adverse effect on the party making the challenge. Pg. 258

Small claims action – An action in court, which is usually under $500.00 or some other amount according to the rules of the jurisdiction.

Sovereign immunity – It is basic principle that no sovereign can be sued w/o its express consent. Pg. 277.

Speech or debate clause – A clause in the constitution in which a house member cannot have anything said in the house under the color of official duties used against them in a court of law. Memory.

Statute of limitations – The statute of limitations compels the exercise of a right action within a reasonable time, so that the opposing party has a fair opportunity to defend and will not be surprised by the assertion of a stale claim after evidence has been lost or destroyed. Pg. 268.

Standing – The person that is bringing the suit must have suffered real injury from the defendant in order to have standing to bring the case. Pg. 258