Chapter 3 - The Judicial System Flashcards
Modify
An appellate court action that is something less than reversing a decision but something more than simply affirming it
Federal District Court
The trial court of the federal system
Brief
Provides the appellate court with a summary of the case and issues involved
Remand
The action an appellate court takes when a case is sent down to a lower court for a retrial
Dissenting Opinion
Opinion written by a judge who disagrees with the decision of the majority of the court
Defendants
The party who is alleged to have committed a wrong in a civil lawsuit; the charged party in a criminal prosecution
Venue
Geographic location of a trial
Trial Court
The court where the case is presented and witnesses testify
Appellee
The party who does not appeal the lower court decision
International Court of Justice
Voluntary court in the international system of law; nonbinding decisions
Reverses
Action of an appellate court in changing the decision of a lower court because a reversible error has been made
European Court of Human Rights
A noncommercial court dealing with disputes over the treatment of a country’s citizens
Oral Argument
The attorneys’ presentation of their points on appeal to the panel of appellate judges
Precedent
Prior judicial decisions; the law as it exists
Plaintiffs
Party filing suit
Diversity of Citizenship
A requirement for federal court jurisdiction that plaintiff and defendant must be citizens of different states
Justice of The Peace Courts/County Courts
Lower court generally handling traffic citations and other lesser civil matters
Trial De Novo
Latin for “trial again” or “trial anew”
Petitioner
Party filing a petitions; or in a case of an appeal, the party filing the appeal of a lower court decision
Appellant
The name on appeal for the party who appeals a lower court’s decision
Exclusive Jurisdiction
Authority granted to only one court for particular types of cases
In Personam Jurisdiction
Jurisdiction over the person; type of jurisdiction court must have to require a party to appear before it
Lawyer
Licensed professional who serves as a representative for another in private negotiations and in judicial and other types of legal proceedings
Respondent
On appeal of a case, the party who is not appealing; in a petition for a divorce, the party against whom the petition is filed
Contentious Jurisdiction
Consensual jurisdiction of a court that is consented to when the parties have a dispute; for example, UN courts
Jurisdiction
The concept of authority of a court to settle disputes
Reversible Error
Mistake made in lower court proceedings that is ruled as improper by the appellate court and that requires a reversal of the case and possible retrial
Appellate Court
A court of appeals or a court of review; a court whose function is to review the decision and actions of the trial court; does no hear witnesses; only reviews the transcript and studies the arguments and briefs of the parties
Small Claims Court
Specialized court designed to allow the hearing of claims of limited monetary amounts without the complexities of litigation and without attorneys
U.S. Supreme Court
The highest appellate court in the federal system and also the highest appellate court for state appeals
Judge
Elected or appointed government official responsible for supervising trials, hearing appeals, and ruling on motions
Long-Arm Statutes
Statutes in each state that allow the state courts to bring in defendants from outside the state so long as they have some “minimum contact” with the state
Concurrent Jurisdiction
Authority of more than one court to hear a case
Original Jurisdiction
Jurisdiction of trial courts; jurisdiction of courts where a case begins
Appellate Brief
Lawyers summation of issues of law and/or error for appellate court to consider
Attorney-client Privilege
Protection of a client’s disclosures to her attorney; attorney cannot disclose information client offers; the confession of a crime already committed cannot be disclosed by the lawyer
Minimum Contracts
Standard used for determining in personam jurisdiction over residents outside the state of the court of litigation; nonresident defendants must have some contact with the state to justify a court taking jusisdiciton
Affirms
Action taken by an appellate court on an appealed case; the effect is that the court upholds the lower court’s decision
Limited Jurisdiction
Specialty courts that have only limited authority over certain types of cases with distinct subject matter; probate courts have limited jurisdiction over probate matters only
Traffic Courts
Lesser trial court, in which traffic cases and violations of there city ordinances are tried
Inter-American Court of Human Rights
In international law, the court for resolution of noncommercial issues or the violation of human rights by a particular nation in north or South America
Judicial Review
Review by the appellate court of decisions and actions of a lower court to determine whether reversible errors in procedure or law were made
Regional Reporter
Series of volumes reporting the appeals and supreme court decisions of state courts; grouped by geographic region; for example , Pacific Reporter for the western states
Court of Justice of European Communities
The court of dispute settlements for the nations of the European Community
