U. S. Legal System

Question 1

To ask a court of appellate jurisdiction to review the decision of the lower court on the basis that the lower court made an error of law.

Answer 1

APPEAL

Question 2

The party who asks the higher court to review the lower/trial court’s decision

Answer 2

APPELLANT

Question 3

A party against whom an appeal is taken and whose role is to respond to, or defend, that appeal.

Answer 3

APPELLEE

Question 4

A U.S District court subunit comprised of bankruptcy judges within the district and exclusively concerned with administering bankruptcy proceedings.

Answer 4

BANKRUPTCY COURT

Question 5

A court with jurisdiction to review decisions of lower/trial courts or administrative agencies.

Answer 5

APPELATE COURT

Question 6

A trial before a judge without a jury. The judge decides questions of fact as well as questions of law.

Answer 6

BENCH TRIAL

Question 7

The duty to prove a disputed assertion or charge.

Answer 7

BURDEN OF PROOF

Question 8

The law to be found in a collection of reported cases that form all or part of the body of law within a given jurisdiction.

Answer 8

CASE LAW

Question 9

The second highest degree of proof used in administrative cases, civil cases and preliminary criminal hearings.

Answer 9

CLEAR AND CONVINCING EVIDENCE

Question 10

The second highest degree of proof used in administrative cases, civil cases and preliminary criminal hearings.

Answer 10

CLEAR AND CONVINCING EVIDENCE

Question 11

The body of law derived from judges’ decisions as opposed to statutes or even the constitution.

Answer 11

COMMON LAW

Question 12

An opinion written by less than a majority of the judges on the court that agrees with the result reached by the majority, but not all of its reasoning.

Answer 12

CONCURRING OPINION

Question 13

The court that hears the facts of a case by written argument, and possibly oral argument, which have already been argued at trial if that case on the district court level is not favorable to one party or the others.

Answer 13

COURT OF APPEALS

Question 14

An opinion by one or more judges who disagree with the decision reached by the majority.

Answer 14

DISSENTING OPINIION

Question 15

The jurisdiction granted to federal courts over civil disputes involving parties having diverse citizenship (as in being from different states) where the matter in controversy exceeds a statutory amount.

Answer 15

DIVERSITY JURISDICTION

Question 16

a court having federal jurisdiction, including the U.S. Supreme Court, circuit courts of appeals, district courts, bankruptcy courts and tax courts.

Answer 16

FEDERAL COURTS

Question 17

The division of powers between the branches of federal and state governments.

Answer 17

FEDERALISM

Question 18

An appeal that occurs before the lower/trial court’s ruling on the entire case.

Answer 18

Interlocutory Appeal

Question 19

The branch of philosophy concerned with the law and the principles that lead courts to make the decisions they do.

Answer 19

JURISPRUDENCE

Question 20

A body of persons selected and legally sworn to render a verdict according to the evidence presented.

Answer 20

JURY

Question 21

A trial in which the factual issues are determined by a jury, not by a judge.

Answer 21

JURY TRIAL

Question 22

Conducts all proceedings in a jury or non-jury civil provided all parties consent and trials of persons accused of misdemeanors if the defendant consents.

Answer 22

MAGISTRATE JUDGE

Question 23

An opinion joined in by more than half the judges considering a given case.

Answer 23

MAJORITY OPINION

Question 24

A court’s written explanation of how it applied the law to the facts before it to resolve a legal dispute.

Answer 24

OPINION

Question 25

A spoken presentation before a court (especially an appellate court) supporting or opposing the legal relief at issue.

Answer 25

ORAL ARGUMENT

Question 26

By the court as a whole. A court opinion, usually short in nature, which does not name the judge who wrote the opinion.

Answer 26

PER CURIAM OPINION

Question 27

A prior decision that can be used as a standard in a subsequent case that is similar.

Answer 27

PRECEDENT

Question 28

Burden of proof in most civil cases and the lowest degree of proof required to find for the party, that on the whole, has the stronger evidence, however slight the edge may be.

Answer 28

PREPONDERANCE OF EVIDENCE

Question 29

The highest degree of proof required to determine whether a criminal defendant is guilty.

Answer 29

REASONABLE DOUBT

Question 30

To return to the lower court, usually with instructions from the appellate court.

Answer 30

REMAND

Question 31

To overturn a judgment on appeal.

Answer 31

REVERSE

Question 32

The degree or level of proof demanded in a specific case.

Answer 32

STANDARD OF PROOF

Question 33

A previous decision made by the court which applies as precedent for similar cases until that decision is overruled.

Answer 33

STARE DECISIS

Question 34

A court of the state judicial system, as opposed to a federal court.

Answer 34

STATE COURTS

Question 35

A law enacted by the legislative branch of a government.

Answer 35

STATUTE

Question 36

The body of law derived from statutes rather than from constitutions or judicial decisions.

Answer 36

STATUTORY LAW

Question 37

A formal judicial examination of evidence and determination of legal claims in an adversary proceeding.

Answer 37

TRIAL

Question 38

A federal trial court having jurisdiction to hear cases in one of the 13 judicial circuits of the United States.

Answer 38

U.S. COURTS OF APPEAL

Question 39

A federal appellate court having jurisdiction to hear civil and criminal cases within its judicial district, also known as the court of original jurisdiction.

Answer 39

U.S. DISTRICT COURT

Question 40

The highest court isn’t he U.S legal system, also known as the court of last resort. The justices of the U.S. Supreme Court are appointed by the President and approved by the Senate.

Answer 40

U.S. SUPREME COURT

Question 41

A jury’s finding or decision on the factual issues of a case.

Answer 41

VERDICT