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
Q

Writ of certiorari

A

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
Q

Constitutional court

A

A court established by Article III of the U.S. Constitution.

26
Q

Legislative courts

A

Courts created under Congress’s Article I powers.

27
Q

Court of record

A

A court where a permanent record is kept of the testimony, lawyers’ remarks, and judges’ rulings.

28
Q

General jurisdiction

A

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

29
Q

Limited jurisdiction

A

A court’s power to hear only specialized cases.

30
Q

Exclusive jurisdiction

A

When only one court has the power to hear a case.

31
Q

Concurrent jurisdiction

A

When more than one court has jurisdiction to hear a case.

32
Q

Federal question jurisdiction

A

The power of the federal courts to hear matters of federal law.

33
Q

Diversity jurisdiction

A

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
Q

Removal

A

The transfer of a case from one state court to another or from a state court to a federal court.