Chapter 13: The Federal Courts Flashcards
apellate jurisdiction
94 judicial districts
US federal court system
US state court system
criminal law
the branch of law that regulates the conduct of individuals, defines crimes, and specifies punishment for proscribed conduct
plaintiff
the individual or organization that brings a complaint in court
defendant
the one against whom a complaint is brought in a criminal or civil case
civil law
the branch of law that deals with disputes that do not involve criminal penalties
trial court
the first court to hear a criminal/civil case
court of appeals
a court that hears appeals of trial court decisions
primary function of supreme court
to act as an appellate court
plea bargain
a negotiated agreement in a criminal case in which a defendant agrees to plead guilty in return for the state’s agreement to reduce the severity of the criminal charge or prison sentence the defendant is facing
jurisdiction
the sphere of a court’s power and authority
original jurisdiction
the authority to initially consider a case
appellate jurisdiction
the authority to hear appeals from a lower court’s decision
due process of law
the right of every individual against arbitrary action by national or state gov’ts
chief justice
presides over court’s public sessions
*always first to speak and vote when justices deliberate
class-action suit
a legal action by which a group or class of individuals with common interests can file a suit on behalf of everyone who shares that interest
judicial review
the power of the courts to review actions of the legislative/executive branches and, if necessary, declare them invalid or unconstitutional
*derived from Marbury v. Madison
standing
the right of an individual or organization to initiate a court case, on the basis of having a substantial stake in the outcome
mootness
a criterion used by courts to screen cases that no longer require resolution
writ of certiorari
a court process to seek judicial review of a lower court or gov’t agency
*latin: to make more certain
rule of four
a decision of at least four of the nine supreme court justices to review a decision of a lower court
solicitor general
the top gov’t lawyer in all cases before the supreme court where the gov’t is a party
amicus curiae
literally “friend of the court”
*individuals or groups who are not parties to a lawsuit but who seek to assist the supreme court in reaching a decision by presenting additional briefs
briefs
written documents in which attorneys explain, using case precedents, why the court should find in favor of their client
oral argument
stage in supreme court procedure in which attorneys for both sides appear before the court to present their positions and answer questions posed by the justices
shadow docket
stare decisis
deciding cases on the rules and principles set forth in previous court ruling
*latin: to let the decision stand
law clerks
judicial restraint
judicial philosophy whose adherents refuse to go beyond the clear words of the constitution in interpreting the document’s meaning (originalists)
judicial activism
judicial philosophy that posits that the court should go beyond the words of the constitution or a statute to consider the broad societal implications of its decisions
