4 C-2 Flashcards
practice of following precedents established in previous court cases
stare decisis
highest civil government or authority
state
minor criminal offense
misdemeanor
serious criminal offense
felony
statutory law dealing with offenses against society
criminal law
private law regulating relationships between private citizens or organizations
civil law
hears cases for the first time
court of first instance
hears appeals of lower court decisions
appellate court
limiting of certain cases to federal court jurisdiction
exclusive jurisdiction
sharing of jurisdiction between state and federal courts
concurrent jurisdiction
any court order directing a person to do or not do some act
writ
Supreme Court order requesting records from a lower court
writ of certiorari
suits between parties from different states involving more than $75,000
diversity cases
“with all judges present”
en banc
agrees with the conclusion, but not necessarily the reasoning, of the majority
concurring opinion
disagrees with the majority opinion
dissenting opinion
statement of opinion going beyond the conclusions necessary to support the decision
obiter dictum
A ___ code consists of principles that classify behavior as right or wrong; __ is the body of rules issued by government and applied by the courts; and ___ refers to the usages, practices, or conventions regulating social life.
moral, law, custom
___ power is the power to hear and decide disputes and render judgments.
Judicial
a lower court decisions applied to a higher one is usually based on ___ of the ___ rather than on findings of ___.
interpretation, law, fact
The term ___ jurisdiction refers to a court that hears cases for the first time.
original
According to the ___ concept of the judge’s role in the government, his responsibility is to discover law and not to make it.
judicial
The ___ concept of the judge’s role has been applied when court decisions have the effect of making law and policy.
judicial
The ___ is the only federal court specifically provided for by the constitution.
Supreme Court
either the ___ of the matter or the ___ or residence of each of the parties must form the basis for federal court cases.
nature, status
Court os Appeals, federal district courts, and the Supreme Court are courts of ___ jurisdiction; other courts created by conger are courts of ___ jurisdiction.
general, special
There are currently ___ district courts and ___ court of appeals.
94, 13
___ Supreme Court justices must agree to review a case or it will be dismissed
4
The ___, with confirmation of the ___ appoints Supreme Court justices.
President, Senate
Judicial ___ is the power of a court to enforce a constitution by declaring unconstitutional government agency acts which do not conform to it.
review
___ established and controls much of the operation, administration, composition, and organization of the Supreme Court
Congress
body of judge-made law involving application of precedents
common law
written rules of conduct enacted by a legislative body
statutory law
regulations made by executive and administrative agencies
administrative law
written code of rules and procedures applied by the court
civil law
preventive justice to enforce a legal duty or to prevent a right violation
equity law
