Supreme Court Flashcards
What is CRIMINAL CASE?
Judicial proceedings that the government begins against an individual following commission of a crime
What is CASE?
A controversy to be decided by a court
Whats is a Criminal Case ?
Judicial proceedings that the government begins against an individual following commission of a crime
What is Crime ?
A public wrong, an offense such as murder against society at large even though it may have been committed against a single individual
What is Civil Case ?
Non criminal legal action such as divorces or attempts to recover damages following an automobile accidents
State Courts
Courts of the 50 states as appose of the federal or national courts.
Federal Courts
The courts of the united states, as distinguished from the courts of the fifty states
Jurisdiction
Authority of the court or other agency to act
Courts of limited jurisdiction
the lowest level court in a state judicial system that hears particular kinds of cases involving small claims, traffic violations, and minor criminal infractions
Courts of general jurisdiction
the basic unit of a court system receiving appeal from courts of limited jurisdiction and serving as trial courts for serious criminal offenses and civil suites involving substantial amounts of money
Intermediate appellate courts
Courts between courts of general jurisdiction and the court of last resort of the federal court systems, the courts of appeals
The court of last resort
the highest court within a particular judicial system such as a state supreme court to which a litigant may appeal the case
Missouri Plan
Method of selecting state judges involving appointment from a list of recommended nominees and a later retention vote of the electorate.
United States District courts
Trial courts in the federal court system in which almost all federal cases began court of general jurisdiction
United States Courts of Appeals
Intermediate appellate courts in the federal court system just below the supreme court
Appellate Jurisdiction
Includes cases of court receives from lower courts congress defines the appellate jurisdiction of the U.S supreme court
Federal Question
An issue that involves the interpretation of the constitution or a statue or a treaty of the U.S
Writ of certiorari
A petition for review by a higher court, this is the most common route for an appeal to reach the supreme court
Rule of Four
Procedures of the US Supreme Court by which the affirmative votes of four justices are needed to accept a case for decision
Original Jurisdiction
Authority of a court over cases that begin in that court such as courts in general jurisdiction having original jurisdiction over most criminal offenses - the original jurisdiction of the supreme court is very small
11th Amendment
The first reversal of a Supreme Court decision by constitutional amendment, denying federal courts jurisdiction in suits agains a state brought by citizens of another state or a foreign country
Senatorial Courtesy
Custom of the senate to reject for federal office in nominee who is unacceptable to a senator from the nominee states when the senator and the president are from the same party
Judicial Review
The authority of courts to set aside a legislative act as being in violation of the constitution
Legislative Intent
a legislator understanding of the meaning of a law sand what it is to design to accomplish
Trail Courts
a court of limited or general jurisdiction in which the disputed facts of a case are heard and decided
Briefs
Documents filed with a court containing the arguments of the parties in a case
Amicus curiae
latin for “friend of the court” referring to persons, government agencies, or groups that are not parties to a case but nonetheless have an interest in it’s outcome and that they make their view known by a filling an amicus curiae brief with the court hearing the case
Solicitor General of The U.S
in the supreme court the lawyer for the U.S who decides which cases the government will appeal to the supreme court
Oral Argument
Event in which opposing counsel verbally present their views to the court during the decision making process of a court
Opinion of the Courts
Statement representing the views of the majority of the judges of the court
Concurring opinion
a statement issued separately by a judge, voting with the majority
Dissenting Opinion
A statement issued by a judge explaining his or her disagreement with the majority profession
United States Reports
The official published decisions of the united states supreme court
judicial activist
judges who are least hesitant to invoke judicial review to strike down an act of congress or of state legislature
judicial restraints
judges who are reluctant to invoke judicial review to strike down an act of congress or of a state legislature
precedents
prior decisions of courts that are cited as authority by other courts
stare decisis
a legal doctrine that suggest courts should follow precedent as a general roe breaking with previously legal principles only on a rare occasion
