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Judicial Process > Ch. 1-4 > Flashcards

Ch. 1-4 Flashcards

1
Q

Supreme Court Justices

A

John Roberts, Clarence Thomas, Samuel Alito, Sonia Sotomayor, Elena Kasan, Neil Govsuch, Brett Kavanaugh, Amy Coney Barrett, Katanji Jackson

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2
Q

Political Science

A

The systematic study of government and politics

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3
Q

Federalism

A

Levels of government (2 levels: fed and state)

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4
Q

Strict Construction

A

What the forefathers set up

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5
Q

Judicial Restraint

A

Belief that the government should be restrained

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6
Q

Loose construction

A

The belief that the constitution is a living document and changes with the time

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7
Q

Judicial Activism

A

Government can be changed and interpreted

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8
Q

Legal System

A

An array of government institutions and a number of key actors and participants

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9
Q

Law

A

Standards of conduct; establish procedures in governing

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10
Q

Courts

A

Enforce the laws and decide disputes based upon the law

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11
Q

Legislature

A

Make laws; principal law makers

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12
Q

Dual court systems

A

State and federal

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13
Q

Litigation

A

The process that defines disputes and how they are handled

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14
Q

Politics

A

Those involved in the process of governing

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15
Q

Civil law

A

The oldest family of law, Roman law, based on code

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16
Q

Code

A

Compilation of laws

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17
Q

Common law

A

Judge made law, brings precedent

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18
Q

Equity

A

Remedies other than damages, not based on money

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19
Q

Plaintiff

A

The one suing

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20
Q

Precedent

A

Judge made decision to be followed by other cases

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21
Q

Stare Decisis

A

Let the decision stand; precedent

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22
Q

Dicta

A

Judicial expressions in a case non-binding

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23
Q

Holding in the case

A

Court’s deciding

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24
Q

Adversary system

A

American system of how two sides compete in court

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25
Q

Constitution

A

Fundamental law of the land

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26
Q

Bill of rights

A

First ten amendments of constitution and protects basic rights

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27
Q

Statutes

A

Laws passed by legislature, second run of law, congress is the most important legislative body

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28
Q

Administrative regulations

A

Third run, government bureaucracy

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29
Q

3 kinds of Public Law

A

Criminal law, constitutional law, and administrative law

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30
Q

Private law

A

Laws covering disputes between private property

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31
Q

Tort

A

Private wrong wanting compensation

32
Q

Injury

A

Harm, a violation of another person’s legal rights

33
Q

Contract

A

A legal agreement, usually in writing

34
Q

Property

A

A legal right to use or dispose of items

35
Q

Real property

A

Land and the buildings attached to

36
Q

Personal property

A

Possessions other than land

37
Q

Will

A

Legal disposition of property after death

38
Q

Civil suit

A

One person suing another for damages

39
Q

Felony

A

A serious crime

40
Q

Misdemeanor

A

Less serious crimes

41
Q

Substantive law

A

Laws that deal with content

42
Q

Right

A

The ability to control certain activities of other people

43
Q

Procedural law

A

Methods of enforcing rights

44
Q

Rules of court

A

Specify how lawsuits are filed, procedures they have to go through, and the time frame

45
Q

Due process of law

A

Fundamental protection of rights

46
Q

Judgement

A

Official court decision

47
Q

Remedy

A

Vindication of a claim of a right; a right that’s enforced, preventing a violation of a right

48
Q

Restitution

A

To restore or to make good

49
Q

Compensatory damages

A

Civil cases, money damages for harm suffered

50
Q

Punitive damages

A

Civil cases, money damages beyond actual harm; action that is wanton, reckless, or reprehensible

51
Q

Injunction

A

A court order to do or not do something

52
Q

Doctrines of Access

A

Rules/ procedures established by the judiciary that prevents access to the court

53
Q

Jurisdiction

A

The authority of a court to hear a case

54
Q

Extradition

A

The process of returning a person to the area a crime was committed

55
Q

Original jurisdiction

A

The court that hear the case first (trial courts)

56
Q

Appellate Jurisdiction

A

The power to review cases that have already been decided by another court

57
Q

Dual court system

A

Fed and state courts

58
Q

Writ of Certiorari

A

Order to a lower court to send up records of a case to see if a law was properly applied

59
Q

Rule of four

A

Four justices on the US Supreme Court must vote to hear the case

60
Q

Constitutional courts

A

Article III courts, more independent, district courts, US courts of appeal, US Supreme Court: lifetime appointments

61
Q

Legislative courts

A

Established by congress under article I, specific terms (no lifetime appointments), no salary, important for business and hears bankruptcy cases, magistrates

62
Q

Trial courts of limited jurisdiction

A

General district courts; small cases with no significance, no lawyers or juries

63
Q

Courts of records

A

Higher courts that keep transcripts (can be appealed)

64
Q

Small claims courts

A

Civil cases, limited jurisdiction

65
Q

Trial courts of general jurisdiction

A

Circuit courts

66
Q

Domestic Relations cases

A

Juvenile domestic relations (JDR)

67
Q

Probate

A

Estates

68
Q

State Court of Last Resort

A

State’s Supreme Court

69
Q

En banc

A

As a group

70
Q

Discretionary jurisdiction

A

Choose the cases in which you hear

71
Q

Municipal courts

A

City courts

72
Q

Juvenile courts

A

Deals with children

73
Q

Parens patriae

A

The state is the one in charge of

74
Q

Delinquent

A

A child who is constantly in trouble

75
Q

Status offenses

A

Only applies to juveniles, most common offense is runaways

Judicial Process (3 decks)

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