The Federal Court System: Vocab Flashcards
Article III
The section of the U.S. Constitution that establishes and empowers the judicial branch of the federal government.
District Court
In the federal system, the general trial court (sometimes referred to as a “court of first instance”).
Plea Bargain
An agreement in a criminal case between a prosecutor and defendant in which the defendant pleads guilty in exchange for a limited charge or a reduced sentence.
Allegation
A statement that something is true that has not yet been proven. Often it refers to a factual assertion that a party claims can be proven at trial.
Standard of Review
The amount of deference given by an appellate court in reviewing the decision of a lower court. The standard of review that a court applies depends on the context of the case, the nature of the factual or legal issue being appealed, and the judicial body that made the decision.
Legal Issue
A question relating to the law by which a case is to be decided, as opposed to “factual issues.”
Appeal
The review in one court of the proceedings and decisions of another, either as to law or fact, or both.
En Banc
A French expression, which translates to “on the bench.” In the federal system, en banc refers to an appeal in which all the qualified judges hear and decide the case instead of just a subset of the judges (as is typical in appeals).
U.S. Supreme Court
The highest federal court. The Supreme Court has final appellate jurisdiction over all federal court decisions and also hears state court cases that turn on issues of federal law.
Certiorari
The Supreme Court’s discretionary review of an action by a lower court or agency. To request that the Supreme Court hear an appeal, a party must file a petition (pleading) for certiorari. If the Court decides to hear the appeal, it will issue a writ of certiorari, which orders the lower court to provide its files and records for review. Often called “cert.” for short.
Precedent
A decision made in an earlier case that resolves (or at least has bearing on) a legal question in a new case. It may serve as a reason to resolve similar legal questions in the same way. Alternatively, a court or an advocate may try to “distinguish” the precedent and explain why it does not apply.
Appeal as of Right
When an appellate court is required to hear an appeal, as opposed to a “discretionary appeal,” which is when an appellate court can decide whether or not to hear an appeal.
