Chapter 8 Flashcards
the first congress which convened in 1789 and was the first bill ever introduced in the Senate
Judiciary Act of 1789
courts which Congress has created by its authority under Article III (their appointment is for life)
constitutional courts
jurisdiction
the right of a court to hear and decide a case
a state cannot be sued in federal court by its own citizens, they the citizens of another state, or by a foreign country
11th Amendment
- second type of court created by Congress
- legislative courts have no jurisdiction under Article III
legislative court
the chief decision makers of the federal judiciary
judges
case which the plaintiff feels he has been wronged by the defendant
civil case
the person filing the lawsuit
plaintiff
the person named in the suit
defendant
case when the government is the plaintiff and seeks to bring some legal action against the defendant because he has wronged society
criminal cases
an official examination of available evidence in a court of law
trial
most active of the federal judiciary courts
United States District Courts
examines the evidence presented by the prosecutor determine whether there is sufficient evidence against the accused to try a case
grand jury
a formal accusation against the accused
indictment
sets the accused free immediately
acquital
hears the case in court
trial jury
After hearing the case, the tiral by jury willl answer it they are guilty or not guilty
verdict
jury that cannot agree on a verdict
hung jury
material presented as a proof at a trial
evidence
set of standards governing the admission of evidence into the court proceedings
rules of evidence
evidence obtained illegally is not admissible in a court of law
exclusionary rule
request that a higher court review the case records and verdict of the lower court
appeal
the right of a court to review the ruling of a lower court
apellate jurisdiction
lawyers written argument
briefs
past decisions involving similar cases
precedents
means friend of the court
filed by individuals who are not parties in the case but still have an interest in the case’s outcome
amicus curiae
a tradition since the late 19th century
conference handshake
any member of the court can reverse his position at any time
opinion day
the prevailing view of the court until recent decades
historical role of the supreme court has been to interpret and apply the constitution as it stand written and as it was understood by its framers
judicial restraint
