Ch 9: The Courts Flashcards
The supreme law of the land is
The United States Constitution
The highest court in the United States is the
United States Supreme Court.
of United States Circuit Courts of Appeals
13 United States Circuit Courts of Appeals
Statutory laws are those
Enacted by a legislative body.
Venue refers to
Geographical jurisdiction.
Federal court judges are appointed for
Life.
Jurisdiction is the authority given to a court to
Hear and decide certain cases.
Decisions of previously heard court cases are called ________ law.
common (or case)
The court assigns every case a ___________ number.
docket
If a case is reviewed by a higher court, it is called a(n) _____________.
appeal
The court in which a case is first filed is called the court of _____ jurisdiction.
original
______ law sets out the rights and obligations of individuals.
Substantive
Jurisdiction __________ is the authority of a court to render a judgment concerning property over which it has jurisdiction.
in rem
The person who maintains order in the court is the __________.
bailiff
Adjudicate (not defined in this chapter)
To settle controversies and disputes between parties.
Appellate jurisdiction
Authority of a court to review cases tried in lower courts.
Bailiff
The peace officer of the court (or court officer) responsible for keeping order and maintaining appropriate courtroom decorum.
Bench (the)
The raised podium at the front of the courtroom behind which the judge sits, and also refers to the judge in a given court.
Bench tried case (bench trial)
Trial by a judge rather than a jury.
Case law
That body of court decisions resulting from legal controversies over interpretations of substantive and procedural law.
Civil law
Law that is based on a series of written codes or laws.
Closed hearing
Hearings at which members of the general public are not allowed as spectators.
Common law
Law that evolved from earlier decisions made by courts; law based on precedent; case law.
Concurrent jurisdiction
Jurisdiction granted in different courts at the same time over the same matters and within the same territorial limit.
Constitutional law
Law set forth in the Constitution of the United States and in state constitutions.
Contempt of court
The refusal to obey a court order.
Court
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.
Court clerk (in glossary as clerk of court)
Administrator or chief clerical officer of the court.
Court reporter
A person who usually sits in court while it is in session and records all proceedings verbatim.
Deputy clerk (or law clerk)
An officer of the court who may function as a secretary, assistant, and researcher for the judge.
Docket
“(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.”
Doctrine of stare decisis
A doctrine that requires courts to stand by earlier court decisions when hearing cases with similar fact situations.
Ex parte communication
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.
Exclusive jurisdiction
The authority granted to a court to hear certain matters to the exclusion of all other courts.
General jurisdiction (also unlimited jurisdiction)
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).
In chambers
Meeting in the judge’s office.
Judge
The presiding officer of the court.
Jurisdiction
The power and authority of a court to hear and try a case.
Jurisdiction in personam
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.
Jurisdiction in rem
The authority of a court to render a judgment concerning property over which it has jurisdiction.
Limited jurisdiction
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.
Marshal
The law enforcement officer for a federal court.
Monetary jurisdiction
The limitation on dollar amounts that a court may award.
Officers of the court
Individuals who are involved in the court system, including judges, clerks, attorneys, bailiffs, sheriffs, and marshals.
Open hearing
A hearing the public may attend.
Original jurisdiction
The authority granted to a court to hear and determine a matter for the first time.
Precedent
Law created by case decisions previously made.
Pro se
Term used to designate a person who represents himself in court.
Procedural law
That body of laws which defines and describes the process to be followed to enforce substantive law.
Sheriff
The county officer for a court.
Statutory law
Law enacted by Congress, state legislatures, and local governments.
Subject matter jurisdiction
The authority of a court to render a binding judgment over the matter in dispute.
Substantive law
The statutory or written law that governs rights and obligations of those who are subject to it.
Term of court
The term of court refers to a specific session in which a court is hearing cases.
Territorial jurisdiction
The actual geographic area over which the court has authority.
Venue
The geographic location of a lawsuit; authority of a court to hear a matter based on geographical location.
Writ of certiorari
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.
