Chapter 18 (The Federal Court System) Flashcards
Article III
The Article of the U.S. Constitution which creates a national judiciary.
Dual Court System
National courts and State courts.
Inferior Courts
the lower federal courts, beneath the Supreme Court
Two types of Federal Courts
the constitutional courts and the special courts
Constitutional Courts
federal courts created by Congress that exercise “the judicial power of the United States”. (broad jurisdiction)
Special Courts
federal courts created by Congress to help exercise its powers as spelled out in Article I. (narrow jurisdiction)
Jurisdiction
the authority of a court to hear a case
Federal Court Jurisdiction
depends on (1) the subject matter or (2) the parties involved in the case
Exclusive Jurisdiction
a case that can only be tried in the federal courts
Concurrent Jurisdiction
power shared by federal and State courts to hear certain cases
Plaintiff
the party who brings a suit or some other legal action against another (the defendant) in court
Defendant
the person against who a court action is brought by the plaintiff; the person charged with the crime
Original Jurisdiction
the power of a court to hear a case first, before any other court
Appellate Jurisdiction
the authority of a court to review decisions of inferior (lower) courts
Federal Judge Constitutional Requirements
No age, residence, or citizenship requirements for federal judges
Judicial Restraint
a judicial philosophy in which supporters believe that judges should decide cases based on the original intent of the Framers or those who enacted the statute(s) involved in a case, or on precedent
Precedent
court decision that stands as an example to be followed in future, similar cases
Judicial Activism
a judicial philosophy in which supporters believe that judges should interpret and apply provisions in the Constitution and in statute law in the light of ongoing changes in conditions and values
Terms of Federal Judges
judges of the constitutional courts are appointed for life and judges of the special courts are named to terms of 8 to 15 years
U.S. Marshals
the chief law officers of the federal courts. A marshal is appointed for each of the 94 federal judicial districts in the United States.
District Courts
the federal trial courts which have original jurisdiction and handle about 80% of the federal caseload per year
Criminal Case
a case in which a defendant is tried for committing a crime as defined by the law
Civil Case
a case involving a noncriminal matter such as a contract dispute or a claim of patent infringement
Courts of Appeals
created by Congress in 1891 to relieve the Supreme Court of much of the burden of hearing appeals from the decisions of the district courts.
Docket
a court’s list of cases to be heard
Court of Appeals for the Federal Circuit
Unlike the 12 circuit-based courts, the jurisdiction for the Court of Appeals for the Federal Circuit is nationwide in scope.
Record
a transcript of proceedings made in trial court
Court of International Trade
tries all civil (but not criminal) cases that arise out of the nation’s customs and other trade-related laws
U.S. Supreme Court
consists of 9 justices and is the highest court in the land; the only court specifically created by the Constitution
Judicial Review
the power to decide the constitutionality of an act of government, whether executive, legislative, or judicial
Marbury vs. Madison
a case decided by the Supreme Court in 1803 in which the Court first asserted its power of judicial review
Supreme Court Jurisdiction
The Supreme Court has both original and appellate jurisdiction; most of its cases come on appeal.
“the rule of four”
at least four of the nine justices on the Supreme Court must agree that a case should be put on the Court’s docket
Writ of Certiorari
an order by a higher court directing a lower court to send up the record in a given case for review; from the Latin meaning “to be more certain”
Certificate
a method of putting a case before the Supreme Court; used when a lower court is not clear about the procedure or rule of law that should apply in a case and asks the Supreme Court to certify the answer to a specific question
Briefs
detailed written statements filed with the Court before oral arguments are presented
amicus curiae briefs
briefs filed by persons or groups who are not actual parties to a case but who nonetheless have a substantial interest in its outcome
Solicitor General
the Federal Government’s chief trial lawyer who represents the United States in all cases to which it is a party in the Supreme Court
Majority Opinion
officially called the Opinion of the Court; announces the Court’s decision in a case and sets out the reasoning upon which it is based
Concurring Opinion
written explanation of the views of one or more judges who support a decision reached by a majority of the court, but wish to add or emphasize a pint that was not made in the majority decision
Dissenting Opinion
written explanation of the views of one or more judges who disagree with (dissent from) a decision reached by a majority of the court
Court-Martial
a court composed of military personnel, for the trial of those accused of violating military law
Civilian Tribunal
a court operating as part of the judicial branch, entirely separate from the military establishment
Military Commissions
these court-like bodies were set up to try “unlawful enemy combatants” – suspected terrorists captured by American forces
Court of Federal Claims
holds trials throughout the country hearing claims for damages against the Federal Government
Redress
satisfaction of a claim payment
