The Federal Judiciary Flashcards
bald
chauve
below
en dessous
acquittal
the decision resulting from finding the accused “not guilty”. The court thus acquits the defendant
advisory opinion
here comes from advice n.[U]. US courts do not give advice
when there is no concrete case to decide
appellant
the person who appeals a court decision. Note the spelling
appellee
the person appealed against
appellate jurisdiction
authority to hear cases on appeal. The USSC and the US circuit
courts have appellate jurisdiction
bring (v.t) an action
One could also say “take sb to court”. The expression could
be used for a civil or a criminal action, but for a criminal case “prosecute sb” is more commonly
found
claim
This word for a civil action suggests both a declaration and a demand. In a different
context, pioneers traveled west in North America and made claims to the land on which they
settled: they declared the right to own it
concurrent jurisdiction
Two courts or court systems with concurrent jurisdiction
have equal authority to decide given cases. In other contexts, “concurrent” often means
“existing or acting together”, from concur v.i., which can also mean “agree”
defendant
The term can apply to the accused in a criminal trial or to the party against
whom a civil action is brought
discretionary
left to one’s choice or judgment. SC justices may grant or deny cert at
their discretion
diversity of citizenship
the fact that parties in a civil suit are citizens (residents) of
different states.
error of law
A mistake made in interpreting or applying the law in a case does not call
the facts of the case into question.
evidence
Evidence is not quite the same as proof n.[U]. Each side in a case presents
evidence in the hope that it will be considered factual proof by the jury or judge.
File
submit and register (a legal document). Other definitions are quite different, as for
the noun.
findings of facts
After both sides have presented evidence at trial, the jury chooses all
the details it considers to be true and factual to determine the verdict. The results, what the
jury has found to be true, are its findings.
judicial activism
This term would infer that a federal court decision interpreted the
Constitution in a highly flexible manner. It is often used pejoratively, to imply that judges have
ruled on the basis of political considerations rather than the law
judicial restraint
This term would infer that a federal court decision interpreted the
US Constitution in a limited manner, which avoided.
judicial review
(in the US system) examination by a court of an act of the legislative
or executive branch (federal or state) to determine whether or not the act conforms to the US
Constitution.
judiciary
judicial branch of government. Note that noun and adj. are different
jurisdiction
judicial power or authority. A court has jurisdiction in defined areas
justice
Referring to a person, the term is usually used for a judge of high rank.
lawsuit
civil action. The term derives from “suit at law” and the verb “sue”
life tenure
the right to hold a position or office for life
litigant
party in a civil action
litigation
legal conflict in court. This can refer to lawsuits in general or to the idea of
one lawsuit, as in, “He is involved in litigation.”
opinion
A SC decision is based on the opinion of the majority of justices. (cf. plurality,
concurring, and dissenting opinions, also published.)
oral argument
Each side in a Supreme Court hearing is allowed 30 minutes to argue
its case.
original jurisdiction
the power of a court to hear (try) a case for the first time
petition for a writ of certiorari
formal letter submitted by a party (petitioner here),
seeking review of its case by asking the USSC to grant a writ (a kind of order) that would
instruct the lower court to transmit the case
plaintiff
party that brings a civil action against another
precedent
rule of law (in a court decision) that must be followed by other courts under
certain conditions
preside over
to lead; however, note that the Chief Justice’s vote carries no more weight
than that of any other justice.
respondent
This is the equivalent of the appellee in some circumstances, as in certiorari
cases
rule of four
the rule that the Supreme Court will grant a writ of certiorari only if four of
the nine justices are in favor of hearing a case submitted by petition Another SC rule is that a
quorum of six justices is required to render a decision.
*ruling n., judicial decision, judgment. A judge rules v., or judges rule, in a case
stare decisis
the concept connected to legal doctrine that obligates courts to follow historical
cases when making a ruling on a similar case.
subject-matter jurisdiction
a court’s power or authority to hear certain types of
cases
sue
bring an action against
suit
civil action, lawsuit
trial
the process of examining and deciding a case at first instance in a court
try
a case – A civil or criminal case is tried, in the sense of being tested for the facts, when
it is examined and decided by a court at first instance. In a criminal case only, it can also be
said that court tries the defendant, that the accused is tried. Another verb is used more broadly
(original and appellate jurisdiction): “A court hears a case.”
writ of certiorari
when an appellate court decides to review a case, normally at their
discretion
