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33 Cards in this Set

  • Front
  • Back
The power of a court to hear a case
Trial Courts
Courts that determine the facts and apply the law to the facts
Original Jurisdiction
The authority of a court to hear a case when it is initiated, as opposed to appellate jurisdiction
Questions of fact
Questions relating to what happened, who, what, when, where and how
Questions of law
Questions relating to the interpretation or application of the law
Bench Trial
A trial conducted without a jury
A defense requiring proof that the defendant would not have committed the crime but for police trickery
Appellate Courts
Courts that determine whether lower courts have made errors of law
Appellant or petitioner
The party in a case who has initiated an appeal
Appellee or respondent
The party in a case against whom an appeal has been filed
Harmless error
A trial court error that is not sufficient to warrant reversing the decision
A decision is reversed when an appellate court overturns or negates the decision of a lower court
When an appellate court sends a case back to the trial court for a new trial or other action
Majority opinion
An opinion in which a majority of the court joins
Concurring opinion
An opinion that agrees with the majority's result but disagrees with its reasoning
Dissenting opinion
An opinion that disagrees with the majority's decision and its reasoning
US Supreme Court
The highest federal appellate court, consisting of nine appointed members
US Court of Appeals
The intermediate appellate courts in the federal system
US District Courts
The general jurisdiction trial courts in the federal system
Inferior Courts
In the federal system, all courts other than the US Supreme Court
General Jurisdiction
A court's power to hear any type of case arising within its
geographical area
Limited jurisdiction
A court's power to hear only specialized cases
A court order requiring a person to appear to testify at a trial or deposition
En banc
When an appellate court that normally sits in panels sits as a whole
Writ of certiorari
A means of gaining appellate review; in the US 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
Constitutional court
A court established by Article III of the US Constitution
Legislative courts
Courts created under Congress's Article I powers
Court of record
A court where a permanent record is kept of the testimony, lawyers' remarks, and judges' rulings
Exclusive jurisdiction
When only one court has the power to hear a case
Concurrent jurisdiction
When more than one court has jurisdiction to hear a case
Federal Question Jurisdiction
The power of the federal courts to hear matters of federal law
Diversity jurisdiction
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
The transfer of a case from one state to another or from a state court to federal court