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NALS > Ch 9: The Courts > Flashcards

Ch 9: The Courts Flashcards

1
Q

The supreme law of the land is

A

The United States Constitution

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2
Q

The highest court in the United States is the

A

United States Supreme Court.

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3
Q

of United States Circuit Courts of Appeals

A

13 United States Circuit Courts of Appeals

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4
Q

Statutory laws are those

A

Enacted by a legislative body.

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5
Q

Venue refers to

A

Geographical jurisdiction.

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6
Q

Federal court judges are appointed for

A

Life.

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7
Q

Jurisdiction is the authority given to a court to

A

Hear and decide certain cases.

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8
Q

Decisions of previously heard court cases are called ________ law.

A

common (or case)

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9
Q

The court assigns every case a ___________ number.

A

docket

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10
Q

If a case is reviewed by a higher court, it is called a(n) _____________.

A

appeal

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11
Q

The court in which a case is first filed is called the court of _____ jurisdiction.

A

original

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12
Q

______ law sets out the rights and obligations of individuals.

A

Substantive

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13
Q

Jurisdiction __________ is the authority of a court to render a judgment concerning property over which it has jurisdiction.

A

in rem

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14
Q

The person who maintains order in the court is the __________.

A

bailiff

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15
Q

Adjudicate (not defined in this chapter)

A

To settle controversies and disputes between parties.

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16
Q

Appellate jurisdiction

A

Authority of a court to review cases tried in lower courts.

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17
Q

Bailiff

A

The peace officer of the court (or court officer) responsible for keeping order and maintaining appropriate courtroom decorum.

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18
Q

Bench (the)

A

The raised podium at the front of the courtroom behind which the judge sits, and also refers to the judge in a given court.

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19
Q

Bench tried case (bench trial)

A

Trial by a judge rather than a jury.

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20
Q

Case law

A

That body of court decisions resulting from legal controversies over interpretations of substantive and procedural law.

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21
Q

Civil law

A

Law that is based on a series of written codes or laws.

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22
Q

Closed hearing

A

Hearings at which members of the general public are not allowed as spectators.

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23
Q

Common law

A

Law that evolved from earlier decisions made by courts; law based on precedent; case law.

24
Q

Concurrent jurisdiction

A

Jurisdiction granted in different courts at the same time over the same matters and within the same territorial limit.

25
Q

Constitutional law

A

Law set forth in the Constitution of the United States and in state constitutions.

26
Q

Contempt of court

A

The refusal to obey a court order.

27
Q

Court

A

Tribunal with judicial authority to handle the administration of justice; reference to a hearing date or place; reference to the judge presiding over a particular hearing or court; reference to the physical facility that houses the court.

28
Q

Court clerk (in glossary as clerk of court)

A

Administrator or chief clerical officer of the court.

29
Q

Court reporter

A

A person who usually sits in court while it is in session and records all proceedings verbatim.

30
Q

Deputy clerk (or law clerk)

A

An officer of the court who may function as a secretary, assistant, and researcher for the judge.

31
Q

Docket

A

“(1) A trial docket is a calendar of cases to be tried in a certain term of court or a specific courtroom;
(2) In a law office, the docket is the day’s agenda, including appointments, hearings, and files to be handled.”

32
Q

Doctrine of stare decisis

A

A doctrine that requires courts to stand by earlier court decisions when hearing cases with similar fact situations.

33
Q

Ex parte communication

A

Referring to an action taken without the participation of both parties to litigation. In due course, the other party must be notified of the action. In some instances, ex parte actions are impermissible and disciplinable.

34
Q

Exclusive jurisdiction

A

The authority granted to a court to hear certain matters to the exclusion of all other courts.

35
Q

General jurisdiction (also unlimited jurisdiction)

A

A jurisdiction without limitation as to the types of cases or monetary limits on cases a court can hear (sometimes referred to as unlimited jurisdiction).

36
Q

In chambers

A

Meeting in the judge’s office.

37
Q

Judge

A

The presiding officer of the court.

38
Q

Jurisdiction

A

The power and authority of a court to hear and try a case.

39
Q

Jurisdiction in personam

A

The authority of a court to render a judgment against a person or to subject the disputing parties to the decisions and rulings made by it.

40
Q

Jurisdiction in rem

A

The authority of a court to render a judgment concerning property over which it has jurisdiction.

41
Q

Limited jurisdiction

A

Jurisdiction in which a court is restricted in the type of case it can hear or in the amount of money involved in the litigation.

42
Q

Marshal

A

The law enforcement officer for a federal court.

43
Q

Monetary jurisdiction

A

The limitation on dollar amounts that a court may award.

44
Q

Officers of the court

A

Individuals who are involved in the court system, including judges, clerks, attorneys, bailiffs, sheriffs, and marshals.

45
Q

Open hearing

A

A hearing the public may attend.

46
Q

Original jurisdiction

A

The authority granted to a court to hear and determine a matter for the first time.

47
Q

Precedent

A

Law created by case decisions previously made.

48
Q

Pro se

A

Term used to designate a person who represents himself in court.

49
Q

Procedural law

A

That body of laws which defines and describes the process to be followed to enforce substantive law.

50
Q

Sheriff

A

The county officer for a court.

51
Q

Statutory law

A

Law enacted by Congress, state legislatures, and local governments.

52
Q

Subject matter jurisdiction

A

The authority of a court to render a binding judgment over the matter in dispute.

53
Q

Substantive law

A

The statutory or written law that governs rights and obligations of those who are subject to it.

54
Q

Term of court

A

The term of court refers to a specific session in which a court is hearing cases.

55
Q

Territorial jurisdiction

A

The actual geographic area over which the court has authority.

56
Q

Venue

A

The geographic location of a lawsuit; authority of a court to hear a matter based on geographical location.

57
Q

Writ of certiorari

A

An order by the appellate court requiring the lower or trial court to surrender jurisdiction to the appellate court for the duration of the appeal.

NALS (11 decks)

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