Chapter 3 - The Judicial System

Question 1

Modify

Answer 1

An appellate court action that is something less than reversing a decision but something more than simply affirming it

Question 2

Federal District Court

Answer 2

The trial court of the federal system

Question 3

Brief

Answer 3

Provides the appellate court with a summary of the case and issues involved

Question 4

Remand

Answer 4

The action an appellate court takes when a case is sent down to a lower court for a retrial

Question 5

Dissenting Opinion

Answer 5

Opinion written by a judge who disagrees with the decision of the majority of the court

Question 6

Defendants

Answer 6

The party who is alleged to have committed a wrong in a civil lawsuit; the charged party in a criminal prosecution

Question 7

Venue

Answer 7

Geographic location of a trial

Question 8

Trial Court

Answer 8

The court where the case is presented and witnesses testify

Question 9

Appellee

Answer 9

The party who does not appeal the lower court decision

Question 10

International Court of Justice

Answer 10

Voluntary court in the international system of law; nonbinding decisions

Question 11

Reverses

Answer 11

Action of an appellate court in changing the decision of a lower court because a reversible error has been made

Question 12

European Court of Human Rights

Answer 12

A noncommercial court dealing with disputes over the treatment of a country’s citizens

Question 13

Oral Argument

Answer 13

The attorneys’ presentation of their points on appeal to the panel of appellate judges

Question 14

Precedent

Answer 14

Prior judicial decisions; the law as it exists

Question 15

Plaintiffs

Answer 15

Party filing suit

Question 16

Diversity of Citizenship

Answer 16

A requirement for federal court jurisdiction that plaintiff and defendant must be citizens of different states

Question 17

Justice of The Peace Courts/County Courts

Answer 17

Lower court generally handling traffic citations and other lesser civil matters

Question 18

Trial De Novo

Answer 18

Latin for “trial again” or “trial anew”

Question 19

Petitioner

Answer 19

Party filing a petitions; or in a case of an appeal, the party filing the appeal of a lower court decision

Question 20

Appellant

Answer 20

The name on appeal for the party who appeals a lower court’s decision

Question 21

Exclusive Jurisdiction

Answer 21

Authority granted to only one court for particular types of cases

Question 22

In Personam Jurisdiction

Answer 22

Jurisdiction over the person; type of jurisdiction court must have to require a party to appear before it

Question 23

Lawyer

Answer 23

Licensed professional who serves as a representative for another in private negotiations and in judicial and other types of legal proceedings

Question 24

Respondent

Answer 24

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

Question 25

Contentious Jurisdiction

Answer 25

Consensual jurisdiction of a court that is consented to when the parties have a dispute; for example, UN courts

Question 26

Jurisdiction

Answer 26

The concept of authority of a court to settle disputes

Question 27

Reversible Error

Answer 27

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

Question 28

Appellate Court

Answer 28

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

Question 29

Small Claims Court

Answer 29

Specialized court designed to allow the hearing of claims of limited monetary amounts without the complexities of litigation and without attorneys

Question 30

U.S. Supreme Court

Answer 30

The highest appellate court in the federal system and also the highest appellate court for state appeals

Question 31

Judge

Answer 31

Elected or appointed government official responsible for supervising trials, hearing appeals, and ruling on motions

Question 32

Long-Arm Statutes

Answer 32

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

Question 33

Concurrent Jurisdiction

Answer 33

Authority of more than one court to hear a case

Question 34

Original Jurisdiction

Answer 34

Jurisdiction of trial courts; jurisdiction of courts where a case begins

Question 35

Appellate Brief

Answer 35

Lawyers summation of issues of law and/or error for appellate court to consider

Question 36

Attorney-client Privilege

Answer 36

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

Question 37

Minimum Contracts

Answer 37

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

Question 38

Affirms

Answer 38

Action taken by an appellate court on an appealed case; the effect is that the court upholds the lower court’s decision

Question 39

Limited Jurisdiction

Answer 39

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

Question 40

Traffic Courts

Answer 40

Lesser trial court, in which traffic cases and violations of there city ordinances are tried

Question 41

Inter-American Court of Human Rights

Answer 41

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

Question 42

Judicial Review

Answer 42

Review by the appellate court of decisions and actions of a lower court to determine whether reversible errors in procedure or law were made

Question 43

Regional Reporter

Answer 43

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

Question 44

Court of Justice of European Communities

Answer 44

The court of dispute settlements for the nations of the European Community