Structure of the Court System Flashcards

0
Q

Trial courts

A

Courts that determine the facts and apply the law to the facts.

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1
Q

Jurisdiction

A

The power of a court to hear a case.

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2
Q

Original jurisdiction

A

The authority of a court to hear a case when it is initiated, as opposed to appellate jurisdiction.

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3
Q

Questions of fact

A

Questions relating to what happened: who, what, when, where, and how.

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4
Q

Questions of law

A

Questions relating to the interpretation or application of the law.

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5
Q

Bench trial

A

A trial conducted without a jury.

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6
Q

Entrapment

A

A defense requiring proof that the defendant would not have committed the crime but for police trickery.

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7
Q

Appellate courts

A

Courts that determine whether lower courts have made errors of law.

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8
Q

Appellant or petitioner

A

The party in a case who has initiated an appeal.

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9
Q

Appellee or respondent

A

The party in a case against whom an appeal has been filed.

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10
Q

Harmless error

A

A trial court error that is not sufficient to warrant reversing the decision.

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11
Q

Reverse

A

A decision is reversed when an appellate court overturns or negates the decision of a lower court.

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12
Q

Remand

A

When an appellate court sends a case back to the trial court for a new trial or other action.

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13
Q

Majority opinion

A

An opinion in which a majority of the court joins.

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14
Q

Concurring opinion

A

An opinion that agrees with the majority’s result but disagrees with its reasoning.

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15
Q

Dissenting opinion

A

An opinion that disagrees with the majority’s decision and it’s reasoning.

16
Q

U.S. Supreme Court

A

The highest federal appellate court, consisting of nine appointed members.

17
Q

U.S. Courts of Appeals

A

The intermediate appellate courts in the federal system.

18
Q

US Districts courts

A

The general jurisdiction trial courts in the federal system.

19
Q

Inferior Courts

A

In the federal system, all courts other than the U.S. Supreme Court.

20
Q

General jurisdiction

A

A court’s power to hear any type of case arising within its geographic area.

21
Q

Limited jurisdiction

A

A court’s power to hear only specialized cases.

22
Q

Subpoena

A

A court order requiring a person to appear to testify at a trial or deposition.

23
Q

En banc

A

When an appellate court that normally sits in panel sits as a whole.

24
Writ of certiorari
A means if gaining appellate review; in the U.S. 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.
25
Constitutional court
A court established by Article III of the U.S. Constitution.
26
Legislative courts
Courts created under Congress's Article I powers.
27
Court of record
A court where a permanent record is kept of the testimony, lawyers' remarks, and judges' rulings.
28
General jurisdiction
A court's power to hear any type of case arising within its geographical area.
29
Limited jurisdiction
A court's power to hear only specialized cases.
30
Exclusive jurisdiction
When only one court has the power to hear a case.
31
Concurrent jurisdiction
When more than one court has jurisdiction to hear a case.
32
Federal question jurisdiction
The power of the federal courts to hear matters of federal law.
33
Diversity jurisdiction
The power of the federal courts to hear matters of state law if the opposing parties are from different states and the amount in controversy exceeds $75,000.
34
Removal
The transfer of a case from one state court to another or from a state court to a federal court.