judicial branch quiz Flashcards
Why were inferior courts created?
created by congress to hear cases arising out of expressed power
Jurisdiction
authority of a court to hear a case, “to say law”
Exclusive Jurisdiction
cases can ONLY be heard in federal courts, cannot be heard in a state court
Defendant
a person whom the complaint is against & can have trial moved under certain circumstances
Original Jurisdiction
a case is FIRST HEARD and held by court (Supreme Court)
Appellate Jurisdiction
hears a case on appeal from lower court (also Supreme Court)
What was Hamilton’s argument on national judiciary?
he said confederation can’t have a legal system
Docket:
Supreme Court’s list of cases to be reviewed
Precedents:
a court decision with cases involving SIMILAR facts
Majority Opinion:
The Courts Opinion - sets out reasoning and announces the courts decision
Concurring Opinion:
adds or emphasizes a point (NOT brought up in court)
Dissenting Opinion:
written by justices who don’t agree with the courts decision.
“an appeal to the brooding spirit of law”
What does a Writ of Certiorari and Certificate have in common?
Both serve to transfer a case from a lower court to the Supreme Court
The Chief Justice of the Supreme Court is…
John Roberts (…George W. Bush)
Civil Crime:
involves noncriminal matter
EX: dispute over terms of a contract