Chapter 14-courts Flashcards
Memorize
According to Alexis de Tocqueville, why do Americans rely on courts?
To resolve political questions
What are the sources of American law?
Federal and state constitutions, Statues passed by legislative bodies, Administrative law (from president), Case law (from court cases)
Common law
The body of judge-made law
Precedent
A court ruling bearing on subsequent legal decisions in similar cases. Judges rely on precedents in deciding cases.
Stare decisis
To stand on decided cases; the judicial policy of following precedents established by past decisions.
What is most American law based on?
The English legal system
Case law
The rules and principles announced in court decisions
The U.S. has a dual court system. What 2 courts are there?
State courts and federal courts
Jurisdiction
The authority of a court to hear and decide certain cases.
Federal question
Arises when a case is based on the U. S. Constitution
Diversity of citizenship
When the people in a lawsuit are from different states, or more rarely when one person is a U. S. citizen and the other is someone of a foreign country
Basic judicial requirements
Jurisdiction and standing to sue
Litigate
Bring to trial
Amicus curiae brief
“Amicus curiae” means “friend of the court.” A legal document filed by someone who is not involved in the litigation but has an interest in the outcome.
Class-action suit
A lawsuit filed by an individual seeking damages for “all persons similarly situated.”
When do federal courts have jurisdiction?
When there is a federal question in the case.
Standing to sue is…
Determined by whether a person or group has sufficient stake in the matter to justify a suit.
Courts of limited jurisdiction
Courts that can only hear certain types of cases, like tax courts and bankruptcy courts.
Trial courts
Courts with general jurisdiction, meaning they can hear a wide array of cases. U. S. District courts are trial courts.
Appellate courts
The courts people go to if they are unsatisfied with the decision or jurisdiction of a district court.
How many federal district courts does each state have?
At least 1 federal district court.
When can the Supreme Court review a state supreme court decision?
If a federal question is involved
