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45 Cards in this Set
- Front
- Back
Court |
A unit of the judicial branch of government that has authority to decide legal disputes. |
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Jurisdiction |
The power of a court to hear a case. |
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Trial Courts |
Courts that determine the facts and apply the law to the facts. |
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Original jurisdiction |
The authority of a court to hear a case when it is initiated, as opposed to appellate jurisdiction. |
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Bench trial |
A trial conducted without a jury. |
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Appellate courts |
Courts that determine whether lower courts have made errors of law. |
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Appellant or petitioner |
The party in a case who has initiated an appeal |
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Appellee or respondent |
The party in a case against whom an appeal has been filed. |
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Harmless error |
A trial court error that is not sufficient to warrant reversing the decision. |
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Reverse |
A decision which the appellate court overturns or negates the decision of a lower court. |
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Remand |
When an appellate court sends a case back to the trial court for a new trial or action. |
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Majority opinion |
An opinion in which a majority of the court joins. |
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Concurring opinion |
An opinion that agrees with the majority's result but disagrees with its reasoning. |
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Dissenting opinion |
An opinion that disagrees with the majority's decision and its reasoning. |
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Questions of fact |
Questions relating to what happended: who, what, when, where, and how. |
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Questions of law |
Questions relating to the interpretation or application of the law. |
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Entrapment |
A defense requiring proof that the defendant would not have committed the crime but for police trickery. |
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Inferior courts |
In the federal system, all courts other than the U.S. Supreme Court. (district courts and courts of appeal) |
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Constitutional courts |
A court establised by Article III of the U.S. Constitution. |
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U.S. district courts |
The general jurisdiction trial courts in the federal system. |
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Court clerks |
responsible for keeping the court files in proper condition and ensuring that the various motions filed by lawyers and the actions taken by judges are properly recorded. |
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U.S. Courts of Appeals |
The intermediate appellate courts in the federal system. |
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U.S. Supreme Court |
The highest federal appellate court, consisting of nine appointed members. |
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General jurisdiction |
A court's power to hear any type of case arising within its geographical area. |
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Limited jurisdiction |
A court's power to hear only specialized cases. |
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Subpoena |
A court order requiring a person to appear to testify at a trial or deposition. |
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En banc |
When an appellate court that normally sits in the panels sits as a whole. |
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Writ of certiorari |
A means of gaining appellate review; in the U.S. 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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Legislative courts |
Courts created under Congress's Article I powers. |
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Court of record |
A court where a permanent record is kept of the testimony, lawyers' remarkes, and judges' rulings |
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General jurisdiction |
A court's power to hear any type of case arising within its geographical area. |
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Limited jurisdiction |
A court's power to hear only specialized cases. |
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Executive jurisdiction |
When only one court has the power to hear a case. |
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Concurrent jurisdiction |
When more than one court has jurisdiction to hear a case. |
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Federal question jurisdiction |
The power of the federal courts to hear matters of federal law. |
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Federal question |
A legal question involving the application of a federal law. |
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Diversity of citizenship |
A situation where the opposing parties are from different states and the amount in controversy exceeds $75,000. |
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Removal |
The transfer of a case from one state court to another or from a state court to a federal court. |
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justices of the peace, court commissioners, and magistrates |
Lower-leval court personnel who perform limited judicial duties but are not considered full-fledged judges. |
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adversarial system |
makes attorneys responsible for presenting all of the relevant facts and arguments |
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inquisitorial system |
opposite of adversarial system. |
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Court reporter |
prepares verbatim transcripts of courtroom proceedings. |
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Baliffs |
responsible for maintaining order in the courtrooms |
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Sheriffs and Marshals |
serve summones and other court documents, collect money as required by the court judgments, and otherwise help in carrying out the court's orders. |
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Jury trial |
Questions of fact are determined by the jury, while questions of law are determined by the judge. |