Chapter 2: The structure of American Courts Flashcards
Jurisdiction
the legal authority and the power of the court to determine types of case
Subject Matter Jurisdiction
A type of case a court has authority to hear
Geographic Jurisdiction
political boundaries where the incident occured
Hierarchical Jurisdiction
the difference between trial & appellate courts
Limited Jurisdiction
court is restricted to misdemeanor and preliminary hearings
General Jurisdiction
power of a court to hear a wide range of cases
trial courts
establishes guilt or innocence of defendant in court
appellate courts
determines whether the law was applied correctly
judiciary act of 1789
congressional act that established 3 levels of courts: 13 federal district courts, 3 higher level circuit, and supreme court
federal district court
basic trial court for federal government that has extensive jurisdiction for all criminal cases
circuit courts
courts with several counties/ districts within their jurisdiction
supreme court
last resort of the federal court
dual court system
federal courts can hear cases defined by the federal constitution
concurrent jurisdiction
some cases may be heard for either state or federal court
U.S. Magistrates Judges
judge who fulfill the pre-tria judicial obligation of federal courts
U.S. District Courts
the basic trial court for federal civil and criminal courts
Evarts Act
act created circuit courts of appeal to hear appeals from U.S. district court
U.S. Circuit Court of Appeal
13 circuit courts of appeals zone throughout U.S.
Original Jurisdiction
first authority over case/cause
U.S. Supreme Court
court of last resort in U.S. federal level
Exclusive Jurisdiction
specific jurisdiction over particular kinds of cases
judicial review
establish supreme court the ability to review and determine congress and exec ran acts as constitutional
courts of records
any legal proceeding where a written record is kept
general trial courts
any one of several types of courts with diverse jurisdiction to conduct jury trials and decide cases
court of last resort
either state or federal court that functions as final stage
Rule of Four
at least 4 justices must decide that case must be heard
Writ of Certiorari
request of the court to obtain the record for review
Amicus Curiae
“friend of the court” briefs written to the court on behalf of one party
En Banc
each case is heard by all 9 justices