Federal Court System Flashcards
Federalism
a system of government in which the same territory is controlled by two levels of government
U.S. Supreme Court
Highest Court of the Land
U.S. Court of Appeals
U.S. appellate courts have jurisdiction over cases that allege violations of federal constitutional right
U.S. District Courts
Jurisdiction of all causes, civil and criminal, brought by the United States that arise under the provisions of this subchapter.
Jurisdiction
the official power to make legal decisions and judgments.
Original jurisdiction
A court’s power to hear and decide a case before any appellate review.
Appellate jurisdiction
The power to reverse or modify the the lower court’s decision.
Uphold
to decide not to change (a verdict) The Court of Appeals upheld his conviction.
Overturn
when a judiciary rejects the result of a prior court proceeding
Federal laws
bills that have passed both houses of Congress, been signed by the president,
Civil cases
suing someone for money in disputes over things like contracts, damage to property, or someone getting hurt
Criminal cases
A criminal case is a lawsuit brought by the state against a person who has broken a criminal law
Appeal
apply to a higher court for a reversal of the decision of a lower court.
How does a case reaches the Supreme Court normally
The more common way a case may reach the Supreme Court is through the lower appellate courts.
Writ of certiorari
This is a request that the Supreme Court order a lower court to send up the record of the case for review.
Rule of Four
The Supreme Court’s practice of granting a petition for review only if there are at least four votes to do so
Brief
a written argument submitted to the court
Amicus curiae
a person or group who is not a party to an action, but has a strong interest in the matter.
Oral arguments
An oral argument is a presentation of a case before a court by spoken word. (30 mins)
Decision
a judicial determination of parties’ rights and obligations reached by a court based on facts and law
Majority opinion
an appellate opinion supporting the court’s judgment (the result reached in the case) which receives a majority vote of the justices or judges hearing the case.
Concurring opinion
an appellate opinion of one or more justices or judges which supports the result reached in a case for reasons not stated in the majority opinion.
Dissenting opinion
an appellate opinion of one or more judges which disagrees with the reasoning stated in the majority or plurality opinion and, consequently, with the result reached in a case.
