Federal Courts Flashcards
Jurisdcition
The right, power, or authority to administer justice by hearing and determining controversies.
Original Jursidiction
the authority of a court to hold a trial, as distinguished from appellate jurisdiction to hear appeals from trial judgments.
Appellate Jursidction
The jurisdiction which a superior court has to bear appeals of causes which have been tried in inferior courts. It differs from original jurisdiction, which is the power to entertain suits instituted in the first in stance.
Judicial Review
the power of a court to adjudicate the constitutionality of the laws of a government or the acts of a government official.
Constitutional Court
A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether or not laws that are challenged are in fact unconstitutional, i.e. whether or not they conflict with constitutionally established rights and freedoms.
Legislative Court
Constitutional Powers of the Supreme Court
US District Courts
The United States district courts are the trial courts of the federal court system. Within limits set by Congress and the Constitution, the district courts have jurisdiction to hear nearly all categories of federal cases, including both civil and criminal matters.
US Court of Appeals
court of appeals definition. Courts, also called appellate courts, that are designed as part of the system of due process. Cases may be presented to these courts if a party is dissatisfied with the original court’s decision.
US Supreme Court
The highest federal court in the US, consisting of nine justices and taking judicial precedence over all other courts in the nation.
US Court of Military Appeals
The United States Court of Appeals for the Armed Forces (CAAF) is an Article I court that exercises worldwide appellate jurisdiction over members of the United States Armed Forces on active duty and other persons subject to the Uniform Code of Military Justice.
US Court of Claims
The United States Court of Federal Claims (in case citations, Fed. Cl. or C.F.C.) is a United States federal court that hears monetary claims against the U.S. government. Founded in 1855 as the United States Court of Claims, it is one of the oldest federal courts in the country.
US Tax Court
The United States Tax Court is a federal trial court of record established by Congress under Article I of the U.S. Constitution, section 8 of which provides that the Congress has the power to constitute Tribunals inferior to the supreme Court
US Court of International Trade
A U.S. federal court that provides judicial review of civil actions arising out of import transactions and federal laws concerning international trade matters. Formerly called the U.S. Customs Court.
Judicial Restraint
Judicial restraint is a theory of judicial interpretation that encourages judges to limit the exercise of their own power. It asserts that judges should hesitate to strike down laws unless they are obviously unconstitutional, though what counts as obviously unconstitutional is itself a matter of some debate.
Conference (Judicial)
The Judicial Conference of the United States, formerly known as Conference of Senior Circuit Judges, was created by the United States Congress in 1922 with the principal objective of framing policy guidelines for administration of judicial courts in the United States.
Rule of Four
The rule of four is a Supreme Court of the United States practice that permits four of the nine justices to grant a writ of certiorari. This is done specifically to prevent a majority of the Court from controlling the Court’s docket.
Writ of Certiorari
It includes a list of the parties, a statement of the facts of the case, the legal questions presented for review, and arguments as to why the Court should grant the writ. Writ of Certiorari. A decision by the Supreme Court to hear an appeal from a lower court.
Brief (Judicial)
A brief is a written legal document used in various legal adversarial systems that is presented to a court arguing why one party to a particular case should prevail. In England and Wales, the phrase refers to the papers given to a barrister when they are instructed.
Amicus Curiae Brief
A person or group who is not a party to a lawsuit, but has a strong interest in the matter, will petition the court for permission to submit a brief in the action with the intent of influencing the court’s decision.
Stare Decisios
The legal principle of determining points in litigation according to precedent.
Selective Incorporation
Selective incorporation is a constitutional doctrine that ensures states cannot enact laws that take away the constitutional rights of American citizens that are enshrined in the Bill of Rights
Standing (Judicial)
The ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party’s participation in the case.
In Forma Pauperis
Allowing a poor person to bring suit without liability for the costs of the suit.
