CH8 Federal Courts & Judicial Branch Flashcards

1
Q

jurisdiction

A

a court’s authority to hear & decide a case

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2
Q

exclusive jurisdiction

A

the sole right to hear & decide a certain type of case, depending either on the subject matter of a case or the parties involved

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3
Q

concurrent jurisdiction

A

cases that fall under the jurisdiction of both state and federal courts

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4
Q

plaintiff

A

the person making a legal complaint in court

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5
Q

defendant

A

the person against whom a complaint is filed

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6
Q

original jurisdiction

A

the authority of a court to be the first court to hold trials in certain kinds of cases

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7
Q

appellate jurisdiction

A

the authority of some courts to review decisions made by lower courts

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8
Q

judicial restraint

A

the concept that a judge should interpret the Constitution according to the Framer’s original intentions

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9
Q

judicial activism

A

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

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10
Q

precedent

A

an earlier court decision that guides judges’ decisions in later cases

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11
Q

senatorial courtesy

A

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

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12
Q

grand juries

A

panels of citizens set up to hear evidence of a possible crime and to recommend whether the evidence is sufficient to file criminal charges

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13
Q

bankruptcy

A

legal process by which persons who cannot pay money they owe others can receive court protection & assistance in settling their financial problems

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14
Q

magistrate judges

A

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

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15
Q

misdemeanor

A

minor crime

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16
Q

public defenders

A

lawyers appointed by the court to represent in criminal trials defendants who cannot afford to hire legal counsel

17
Q

marshals

A

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

18
Q

appellant

A

a person who files an appeal

19
Q

briefs

A

written arguments filed by the parties in an appeal

20
Q

sovereign immunity

A

the principle that a sovereign government cannot be taken to court unless it agrees to be sued

21
Q

court martial

A

hearings held for the trial of military personnel accused of violating military law

22
Q

writ of certiorari

A

an order by a higher court seeking review of a lower court case

23
Q

docket

A

the list of cases to be heard before a court

24
Q

majority opinion

A

the Supreme Court’s ruling in a case that is signed by at least 5 of the 9 members of the Supreme Court

25
Q

concurring opinions

A

statements by Supreme Court justices who agree with the overall conclusion in the case, but stress some different or additional legal point

26
Q

dissenting opinion

A

statements written by Supreme Court justices who disagree with the majority’s decision; these opinions do not have a direct legal impact on the case but they can influence future judgments