Chapter 3 Vocab

Front 1

Appeal

Back 1

- the right of the ligigation parties to have the legal decisions of the trial judge reviewed by an appellate court.

Front 2

Appellate court

Back 2

- a court that decides whethere a trial judge has made a mistake of law

Front 3

Courts of appeal

Back 3

- intermediate courts

Front 4

Diversity of citizenship

Back 4

- the plaintiffs filing a lawsuit must be from states different from those of the defendants. This requirement, along with over $75,000 at stake, is one method a federal court gains jurisdiction over the subject matter of lawsuit.

Front 5

Federal rules of civil procedure

Back 5

- a law passed by congress that provides the procedural steps to be followed by the federal courts when handling civil litigation

Front 6

Judicial activism

Back 6

- an activist judge tends to abide by the following judicial philosophies:
1. The political process cannot adequately handle societys difficult issues;
2. The courts can correct societys ills through the decision making process
3. Following precedent is not crucial
4. “judge made law” is often necessary to carry out the legislative intent of the law.

Front 7

Judicial restraint

Back 7

– a judge who abides by the judicial restraint philosophy
1. Believes that the political process, and not the courts, should correct societys ills
2. Decides an issue on a narrow basis, if possible
3. Follows precedent whenever possible
4. Does not engage in “judge made law” but interprets the letter of the law.

Front 8

Judicial review

Back 8

- the power of courts to declare laws enacted by legislative bodies and actions by the executive branch to be unconstitutional.

Front 9

Petit jury

Back 9

- the fact finding body during a trial

Front 10

Small-claims court

Back 10

- a court of limited jurisdiction, usually able to adjudicate claims up to a certain amount, such as $3000 depending on the state

Front 11

Subject matter jurisdiction

Back 11

- the authority of a court to hear cases involving specific issues of law

Front 12

Supreme court

Back 12

- the highest appellate court

Front 13

Trial court

Back 13

- the level of any court system that initially resolves the dispute of litigants. Frequently, but not always, a jury serves as a fact finding body while the judge issuers rulings on the applicable law

Front 14

Writ of certiorari

Back 14

- a discretionary proceeding by which an appellate court may review the ruling of an inferior tribunal