Section 1
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Citizen X is suing his neighbor Y for ramming his $7,000 car. This case could be heard in..
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Last updated
6 years ago
Date created
Mar 1, 2020
Cards (73)
Section 1
(50 cards)
Citizen X is suing his neighbor Y for ramming his $7,000 car. This case could be heard in..
a state court
judicial activism
the belief that the Supreme Court justices should actively make policy and sometimes redefine the constitution
Judiciary Act of 1787
established lower federal courts
original jurisdiction
Trial court where a case is originally tried
stare decisis
"let the decision stand"; an informal rule of judicial policy based on precedents;the practice of basing legal decisions on established Supreme Court percents from similar cases
Who influences the President's selection of judiciary appointees?
Congress, The American Bar Association, and sitting judges
Court of Veterans Appeals
Congress set up this court to hear veterans' war claims for benefits & other veterans' problems
Court of Appeals
hears cases from all across the nation from the legislative courts and from district courts on certain cases, such as those involving patents, trademarks, or copyrights
appellate jurisdiction
The trial court that hears a case being appealed. If a person loses an appeal they may appeal to SCOTUS
majority opinion
most senior member of the majority decides who writes this opinion & will do so in consultation w/ other justices
US Tax Court
All civil cases involving taxes are heard in Tax Court. Most cases come from IRS & Treasury
exclusive jurisdiction
The authority of the federal courts alone to hear and rule in certain cases; cases involving a federal or foreign government official and cases that arises out of an act of Congress
district courts
courts of original jurisdiction - hearing both criminal & civil cases & their jurisdiction extends to most cases heard in fed. courts
What are the justices duties?
-deciding which cases to hear - explaining the decision (writing Court's opinion(s)) - dealing with requests for special legal actions that come from various courts/circuits - taking occasional additional duties like serving on special commissions
Plaintiff
Person bringing charges in civil suit/trial.
Courts of the District of Columbia
Federal district court; court of appeals & local courts to hear civil & criminal cases
dual sovereignty
state and federal authorities can prosecute individuals for the same crime
Defendant
Person who must defend against the complaint
Loose Constructionist
a person who believes that the national government could claim broad powers only implied in the constitution
Court of military appeals
Hears cases brought from military courts by members of the armed forces convicted of breaking military law
constitutional court
a federal court with constitutionally based powers and whose judges serve for life.
Grand Jury
people who hear charges against a person suspected of committing a crime. They then evaluate if there is enough evidence against a person to order him or her to stand trial
criminal law
defines crimes against the public order and provides for punishment
civil law
law that govern the relations between individuals and defines their legal rights
Legislative Court
a specialized court established to hear cases about and execute the legislative powers of congress
Who establishes inferior federal courts?
Congress
Precedents
a judicial decision that is used as a standard in later similar cases; the custom of settling a court case in accordance with earlier decisions on similar cases
Constitutional law
when federal courts determine cases based on how each judge interprets the Constitution
judicial restraint
the belief that the Supreme Court justices should not actively try to shape social and political issues or redefine the Constitution
Writ of mandamus
a court order which forces a government official to take a particular action
Petit jury
a trial jury, usually consisting of 6-12 people, who weigh evidence presented at a trial
Jurisdiction
the right to interpret and apply the law; a court's range of authority. In essence the restrictions on the kinds of cases a court may hear
How many judges are on the Supreme Court?
9
Equality law
principle which resolves the dispute on grounds of fairness
Most cases come to the Supreme Court as a result of what?
Writs of certiorari
Which court was directly established by the Constitution?
The Supreme Court
Who appoints all federal judges?
The President
Court of international trade
Court hears civil cases related to taxes & trade and is based in NYC but also hears cases from NOLA & San Fran
Territorial Courts
Constitution gives Congress power to make rules to govern US territories so Congress created court system to handle civil, criminal and constitutional cases
Who confirms the federal judges?
The Senate
What are the chief justice's duties?
- Presiding over sessions & conferences - He typically writes the majority opinion if he agrees w/ majority. - Supervises the general admin. of the fed. court system
A person who favors a narrow view of the Constitution is called a
strict constructionist
strict constructionist
a person who believes that the national government should exercise only the powers specifically mentioned in the constitution
U.S. Claims Court
hear claims about monetary damages
Judicial Review
the power (by SCOTUS) to determine if the laws are constitutional or unconstitutional
dissenting opinion
most senior member of the losing side decides who writes the opinion
senatorial courtesy
the practice in which a presidential nomination is submitted initially for approval to the senators from the nominee's state
writ of certiorari
"made more certain"; an order from a higher court requiring a lower court to send the record of cases for review
concurrent jurisdiction
the authority to hear cases shared by federal and state courts; cases involve citizens of different states
concurring opinion
1 or more justices who agree with the Court's decision for different reasons or who want to emphasize a point not made in the majority's opinion
Section 2
(23 cards)