Structure of the Court System Flashcards
Trial courts
Courts that determine the facts and apply the law to the facts.
Jurisdiction
The power of a court to hear a case.
Original jurisdiction
The authority of a court to hear a case when it is initiated, as opposed to appellate jurisdiction.
Questions of fact
Questions relating to what happened: who, what, when, where, and how.
Questions of law
Questions relating to the interpretation or application of the law.
Bench trial
A trial conducted without a jury.
Entrapment
A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Appellate courts
Courts that determine whether lower courts have made errors of law.
Appellant or petitioner
The party in a case who has initiated an appeal.
Appellee or respondent
The party in a case against whom an appeal has been filed.
Harmless error
A trial court error that is not sufficient to warrant reversing the decision.
Reverse
A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Remand
When an appellate court sends a case back to the trial court for a new trial or other action.
Majority opinion
An opinion in which a majority of the court joins.
Concurring opinion
An opinion that agrees with the majority’s result but disagrees with its reasoning.