Chapter Four Flashcards
Court
a unit of the judicial branch of gov that has authority to decide legal disputes
Jurisdiction
the power of a court to hear a case
Trial courts
courts that determine the facts and apply the law to the facts
actions begin in trial courts
Original jurisdiction
the authority of a court to hear a case when it is initiated as opposed to appellate jurisdiction
Bench trial
a trial conducted without a jury
Appellate courts
courts that determine whether lower courts have made errors of law
Trial court losing party appeals decision to
Review limited to “legal” issues
Relies on trial court’s written record
Appellant or petitioner
the party in a case who has initiated an appeal
Appellate or respondent
the party in a case against whom an appeal has been filed
Questions of fact
questions relating to what happened
Questions of law
questions relating to the interpretation or application of the law
Entrapment
a defense requiring proof that the defendant would not have committed the crime but for police trickery
Affirm
when the appellate court agrees with what the lower court has done
Harmless error
a trial court error that is not sufficient to warrant reversing the decision
Reverse
when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court
Remand
when a appellate court sends a case back to the trial court for a new trial or other action
Majority
an opinion in which a majority of the court joins
Concurring opinion
an opinion that agrees with the majority’s result but disagree with its reasoning
Dissenting opinion
an opinion that disagrees with the majority’s decision and its reasoning
Inferior courts
in the federal system, all courts other than the Us supreme court
Constitutional courts
a court established by article III of the us constitution
US district courts
the general jurisdiction trial courts in the federal system
Most cases begin in district court
Number of judges vary 1 to 27
US courts of appeals
the intermediate appellate courts in the federal system
Each circuit varies from 4 to 23
Judges hear appeal as a panel
US supreme court
the highest federal appellate court, consisting of nine appointed members
writ of certiorari
Subpoena
a court order requiring a person to appear to testify at a trial or deposition
En banc
when an appellate court that normally sits in panels its as a whole
Writ of certiorari
a means of gaining appellate review; in the US Supreme court the writ is discretionary and will be issued to another court to review a federal question if four of the nine justices vote to hear the case
Legislative courts
courts created under congress’s article I powers
General jurisdiction
a court’s power to hear any type of case arising within its geographical area
Limited jurisdiction
a court’s power to hear only specialized cases
Federal question jurisdiction
the power of the federal courts to hear matters of federal law
Federal question
a legal issue involving the application of a federal law
Diversity of citizenship/ jurisdiction
a situation where the opposing parties are from different states and the amount in controversy exceeds 75,00$
Exclusive jurisdiction (state)
when only one court has the power to hear a case
Concurrent jurisdiction (state)
when more than one court has jurisdiction to hear a case
Removal
the transfer of a case from one state court to another or from a state court to a federal court
Stare decisis
the doctrine that normally a court has decided an issue, other courts in the same jurisdiction will decide the same way
Precedent
one or more prior court decisions
is mandatory authority when it comes from: higher court and the same jurisdiction
Case of first impression
a type of case that the court has never faced before
Mandatory authority
analogous court decisions from a higher court in the same jurisdiction
Persuasive authority
analogous court decisions from an equal or lower court from the same jurisdiction, or from a court in a different jurisdiction; also includes secondary authority
Analogous
similar facts and law
Distinguishable
different facts and law
Plain meaning approach
a method for interpreting enacted law in which the key terms are interpreted in light of their dictionary definitions and use in ordinary conversations
Contextual approach
a method for interpreting enacted law in which other parts of the same document or similar documents are examined to see how the same words or phrases were used in those related contexts
Legislative history approach
a method for interpreting statutes, regulations, and constitutional provisions in which judges attempt to determine what the drafters intended to accomplish by passing the law
Originalism approach
a method for interpreting constitutional provisions in which judges attempt to determine what the average person, living at the time the provision was adopted, thought the provision meant
Trial courts search for
the truth
Appellate courts search for
errors
Trial courts determine
questions of fact
questions of law
What appellate court may do
Harmless error
Reverse
Remand
Decision maker: trial court
judge & sometimes a jury
Decision maker: appellate court
majority vote of three or more judgement
Are there witness testimonies in appellate court?
no
Parties names’: trial court
plaintiff/defendant
state/defendant
Appellate names’:
appellant/appellate
respondent/petitioner
What makes up U.S. Federal court system
U.S. Supreme court
U.S. courts of appeals
U.S. district courts
ALL OF APPEALS & JURISDICTION
What makes up U.S Courts of appeals
Circuits 1-11
D.C. Circuit
Federal Circuit
State court systems
hear more than 98% of legal business
appeals proceed to intermediate court and then state’s highest appellate court
Organization of a typical state court system (highest to lowest)
U.S. supreme court
Highest level appellate courts
Middle level appellate courts
General Jurisdiction Trial Courts + Limited Jurisdiction Trial Courts
Federal law
restricted to issues arising from US constitution, statutes, and regulations
State law
anything state deem to be in best interests of their citizens
Do the state or federal courts have jurisdiction?
Federal court: only if case involves federal law or if state law and parties are from different states and amount exceed 75,000
State court: generally any type of case unless congress has provided for exclusive federal jurisdiction
Selection of judges in states
a few states are appointed by the state’s chief executive or the state legislature
selected by partisan or nonpartisan elections
some have modified
Role of judging in interpreting and applying the law
Variety of structural and philosophical restraints that limit judicial discretion
Legislative dominance
another check on the power of courts to make law occurs when the law they are interpreting involves a statue or regulation
sometimes if the legislature thinks the court has not correctly interpreted the law, it can simply amend the statute or change the result
What are the two basic functions of trial courts?
determine who’s facts are more credible
apply laws to facts to reach a decision
true or false: in every state the highest appellate court is called the supreme court
false
What are the two major grounds for gaining federal court jurisdiction?
federal question
citizen diversity
What does it mean to say that judges sometimes make law?
bc everyone interprets law differently and they make law based off of judgements made passed down
What restraints limit judicial discretion in interpreting the law?
striking them unfair or unconstitutional
Why does mandatory and persuasive matter?
because lower courts must follow decisions of higher courts
Most cases that reach the United States Supreme Court do so by
requesting a writ of certiorari
Federal courts may hear cases
dealing with state law issues if the litigants are from different states and the amount in controversy is over $75,000
