Lesson 1 Courts and Legal Systems.

Question 1

U.S. Supreme Court

Answer 1

The highest court in the federal judicial system. Composed of a chief justice and eight associate justices. This court has final jurisdiction in matters tired in the lower federal courts and can also hear certain cases on appeal from the highest courts in the state systems if a constitutional question of federal law is involved.

Question 2

U.S. Court of Appeals

Answer 2

An appellate court. Reviews cases from lower federal courts. There are currently 13 judicial circuits, each of which has a U.S. Court of Appeals.

Question 3

U.S. District court

Answer 3

A federal trial court or a federal court if original jurisdiction. The court in which a case is first tried in the federal court system.

Question 4

special courts

Answer 4

There are several special U.S. courts that have limited jurisdiction, including the Court of Claims, the Court of Customs and Patent Appeals, and the Tax Court.

Question 5

supreme court

Answer 5

The highest court in most state court systems. Certain cases decided in a state supreme court may be appealed to the U.S. Supreme Court if a constitutional question of federal law is involved.

Question 6

court of appeal

Answer 6

A court that reviews cases from the trial courts or lower courts. The highest court in states not having a supreme court.

Question 7

appellate court

Answer 7

Same as court appeal. A court that reviews cases that are appealed from a lower court.

Question 8

trial court

Answer 8

A court of original jurisdiction. Hears a case the first time it is tried in court.

Question 9

court of original jurisdiction

Answer 9

A court that hears case the first time it id tried in court. A trial court is a court of original jurisdiction.

Question 10

court of record

Answer 10

A court which all proceedings are recorded for future reference. Trial courts, appellate courts, and supreme courts are usually courts of record.

Question 11

probate court

Answer 11

A court that deals with the probate of wills and the settlement of estates of minors and the appointment of guardians.

Question 12

lower or inferior court

Answer 12

A court that has a very limited jurisdiction and whose cases may be appealed to a higher court. In some states a written record is not required for the proceedings.

Question 13

court not of record

Answer 13

A court in which the proceedings are not required to be recorded. Usually the lower or inferior courts are courts not of record. However, many states now require all courts to be courts of record. A court not of record, such as a small claims court, cannot impose fines or imprisonment.

Question 14

small claims court

Answer 14

A court established in some states to settle minor disputes between individuals in which the parties represent themselves without the assistance of attorneys. Usually the judge’s decision is final, and the case cannot be appealed to a higher court.

Question 15

constitutional law

Answer 15

A branch of public law that deals with the interpretation and validity of federal and state constitutions. Constitutional law may be amended by the U.S. Supreme Court or by the highest state courts.

Question 16

statutory law

Answer 16

Law that has been created by statute or legislation passed by the U.S.Congress or the state legislation passed by the U.S. Congress or the state legislatures. Sometimes called written law.

Question 17

common law

Answer 17

A body of law that originated in England and has been adopted as the major source of law in the United States. Common law operates through the rule of precedent (like cases in the future to be decided in a like manner). Under common law, the rights of the individual are emphasized over the rights of the government.

through the rule of precedents rather than on statutes or other sources of law.

Question 18

Napoleonic Code

Answer 18

Law that originated in France and was adopted by the state of Louisiana as the basis for its state law. It is also referred to as Code Civil, Civil law, or Code Napoleon. Emphasis is on the rights of the state over the rights of the individual.

Question 19

public law

Answer 19

A body of law which the general public is subject, including constitutional, administrative, and criminal law.

Question 20

private law

Answer 20

A body of the law that deals with relationships between private individuals, such as contracts, civil injuries, domestic relations, and partnership.

Question 21

substantive law

Answer 21

The body of law that creates and defines our rights and duties.

Question 22

procedural law

Answer 22

The body of law that establishes the procedures to be followed for remedial action in court when one’s rights have been violated. Also called adjective law.

Question 23

administrative law

Answer 23

A branch of public law that deals with the various administrative agencies created by the federal government and defines the scope of power pf those administrative agencies.

Question 24

federal law

Answer 24

Law that is created by the federal government and is unaffected by state laws.

Question 25

state law

Answer 25

Laws that are created by a state and are effective only in that state.

Question 26

local and municipal ordinances

Answer 26

Laws or rules that are created by a local or municipal government and are effective only in that particular governmental unit.