All About Elections Flashcards
What is the role of the Judicial Branch?
To interpret and define law. Hear individual cases and decide how the law should apply.
How many systems of Judicial Courts does the United States have?
We have 2 tiered systems of courts called the Federal Courts and the State Courts.
What is a federal court?
A federal court handles criminal and civil cases involving federal or constitutional law.
What is a state court?
A state court handles criminal and civil cases involving state laws.
What is a criminal case?
A criminal case is when the government or state charges an individual for violating one or more laws.
What is a civil case?
A civil case is when a government or state has to resolve a dispute between two parties.
What is jurisdiction?
Jurisdiction is the authority of a court to hear a case. It’s where that case begins.
What are the four types of jurisdiction?
Executive, concurrent, original, and appellate jurisdiction.
What is executive jurisdiction?
Executive jurisdiction is when only the federal court has the authority to hear a case.
What is concurrent jurisdiction?
Concurrent Jurisdiction is when a federal or state court could hear a case.
What original jurisdiction?
Original jurisdiction is when a court is the first one to hear a case.
What is appellate jurisdiction?
Appellate jurisdiction is when a court can only hear a case on an appeal.
Which court has original jurisdiction?
U.S. District Courts.
Which court has appellate jurisdiction?
U.S. Court of Appeals.
Which court has appellate and original jurisdiction?
The Supreme Court.
What are the three U.S. federal Courts?
Supreme Court, Court of Appeals, and District Court.
What is the federal supreme court?
Highest Court in the Federal System. There are nine judges in D.C.
What is the Federal Court of Appeals?
Intermediate level in the Federal Court System. There are 12 regional circuit courts, Maryland is number 4.
What is the federal district court?
The lowest level in the federal court system. 94 judicial districts. There are 89 district courts in continental states.
What are the four Maryland state courts?
Appeals, Special Appeals, Circuit, and district.
What is the Maryland district court?
Minor civil cases and petty crimes. Traffic and motor vehicle cases.
What is the Maryland circuit court?
Has appellate jurisdiction over all appeal cases from District Court. This court handles civil and criminal cases.
What is the Maryland special appeals court?
You go here if you don’t like the decision that the district and circuit court made.
What is the Maryland appeals court?
Is the state’s supreme court. If you don’t like the decision that any of the courts made, you go to appeals.
What is a plaintiff?
When one person brings a case against another person in a court of law.
What is a defendant?
An individual, group of people or a company sued or accused of a crime in the court of law.
What is judicial restraint?
Is a belief that judges should restrain themselves from striking down laws, or declaring them unconstitutional unless there is a clear conflict with the Constitution.
What is a precedent?
A case or law that came before a case helps a judge guide them on their final decision.
What is a Writ of certiorari?
A writ of certiorari orders a lower court to deliver its records in a case to a higher court so that the higher court may view it.
What is a concurring opinion?
A concurring opinion is an opinion that agrees with the majority opinion but does not agree with the reasoning or rationale behind the opinion.
What is a dissenting opinion?
A dissenting opinion is a judge’s or group of judges’ disagreement with the majority of the judges’ decision or opinion.