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33 Cards in this Set
- Front
- Back
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Jurisdiction
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The power of a court to hear a case
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Trial Courts
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Courts that determine the facts and apply the law to the facts
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Original Jurisdiction
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The authority of a court to hear a case when it is initiated, as opposed to appellate jurisdiction
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Questions of fact
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Questions relating to what happened, who, what, when, where and how
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Questions of law
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Questions relating to the interpretation or application of the law
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Bench Trial
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A trial conducted without a jury
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Entrapment
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A defense requiring proof that the defendant would not have committed the crime but for police trickery
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Appellate Courts
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Courts that determine whether lower courts have made errors of law
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Appellant or petitioner
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The party in a case who has initiated an appeal
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Appellee or respondent
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The party in a case against whom an appeal has been filed
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Harmless error
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A trial court error that is not sufficient to warrant reversing the decision
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Reverse
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A decision is reversed when an appellate court overturns or negates the decision of a lower court
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Remand
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When an appellate court sends a case back to the trial court for a new trial or other action
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Majority opinion
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An opinion in which a majority of the court joins
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Concurring opinion
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An opinion that agrees with the majority's result but disagrees with its reasoning
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Dissenting opinion
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An opinion that disagrees with the majority's decision and its reasoning
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US Supreme Court
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The highest federal appellate court, consisting of nine appointed members
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US Court of Appeals
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The intermediate appellate courts in the federal system
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US District Courts
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The general jurisdiction trial courts in the federal system
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Inferior Courts
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In the federal system, all courts other than the US Supreme Court
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General Jurisdiction
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A court's power to hear any type of case arising within its
geographical area |
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Limited jurisdiction
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A court's power to hear only specialized cases
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Subpoena
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A court order requiring a person to appear to testify at a trial or deposition
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En banc
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When an appellate court that normally sits in panels sits as a whole
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Writ of certiorari
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A means of gaining appellate review; in the US Supreme Court the writ is discretionary and will be issued to another court to review a federal question if four of the nine justices vote to hear the case
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Constitutional court
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A court established by Article III of the US Constitution
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Legislative courts
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Courts created under Congress's Article I powers
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Court of record
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A court where a permanent record is kept of the testimony, lawyers' remarks, and judges' rulings
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Exclusive jurisdiction
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When only one court has the power to hear a case
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Concurrent jurisdiction
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When more than one court has jurisdiction to hear a case
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Federal Question Jurisdiction
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The power of the federal courts to hear matters of federal law
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Diversity jurisdiction
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The power of the federal courts to hear matters of state law if the opposing parties are from different states and the amount in controversy exceeds $75,000
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Removal
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The transfer of a case from one state to another or from a state court to federal court
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