CH8 Federal Courts & Judicial Branch Flashcards
jurisdiction
a court’s authority to hear & decide a case
exclusive jurisdiction
the sole right to hear & decide a certain type of case, depending either on the subject matter of a case or the parties involved
concurrent jurisdiction
cases that fall under the jurisdiction of both state and federal courts
plaintiff
the person making a legal complaint in court
defendant
the person against whom a complaint is filed
original jurisdiction
the authority of a court to be the first court to hold trials in certain kinds of cases
appellate jurisdiction
the authority of some courts to review decisions made by lower courts
judicial restraint
the concept that a judge should interpret the Constitution according to the Framer’s original intentions
judicial activism
the concept that the Constitution should be interpreted more broadly, as an evolving document, something that subsequent generations can interpret consistent with changing values & circumstances
precedent
an earlier court decision that guides judges’ decisions in later cases
senatorial courtesy
the tradition that a senator from the same state as a nominee to a federal district court & the same political party as the president can block a nomination for virtually any reason
grand juries
panels of citizens set up to hear evidence of a possible crime and to recommend whether the evidence is sufficient to file criminal charges
bankruptcy
legal process by which persons who cannot pay money they owe others can receive court protection & assistance in settling their financial problems
magistrate judges
district court officials responsible for overseeing some of the early hearings of a criminal trial at which routine matters are carried out, and who may also hear misdemeanor criminal cases and certain civil cases
misdemeanor
minor crime
public defenders
lawyers appointed by the court to represent in criminal trials defendants who cannot afford to hire legal counsel
marshals
law enforcement officers who provide security & police protection at federal courthouses, transport prisoners, help track down & arrest people accused of crimes, & provide protection to witnesses in federal cases
appellant
a person who files an appeal
briefs
written arguments filed by the parties in an appeal
sovereign immunity
the principle that a sovereign government cannot be taken to court unless it agrees to be sued
court martial
hearings held for the trial of military personnel accused of violating military law
writ of certiorari
an order by a higher court seeking review of a lower court case
docket
the list of cases to be heard before a court
majority opinion
the Supreme Court’s ruling in a case that is signed by at least 5 of the 9 members of the Supreme Court
