Chapter 5 - Courts

Front 1

Court

Back 1

A unit of the judicial branch of government that has authority to decide legal disputes.

Front 2

Jurisdiction

Back 2

The power of a court to hear a case.

Front 3

Trial Courts

Back 3

Courts that determine the facts and apply the law to the facts.

Front 4

Original jurisdiction

Back 4

The authority of a court to hear a case when it is initiated, as opposed to appellate jurisdiction.

Front 5

Bench trial

Back 5

A trial conducted without a jury.

Front 6

Appellate courts

Back 6

Courts that determine whether lower courts have made errors of law.

Front 7

Appellant or petitioner

Back 7

The party in a case who has initiated an appeal

Front 8

Appellee or respondent

Back 8

The party in a case against whom an appeal has been filed.

Front 9

Harmless error

Back 9

A trial court error that is not sufficient to warrant reversing the decision.

Front 10

Reverse

Back 10

A decision which the appellate court overturns or negates the decision of a lower court.

Front 11

Remand

Back 11

When an appellate court sends a case back to the trial court for a new trial or action.

Front 12

Majority opinion

Back 12

An opinion in which a majority of the court joins.

Front 13

Concurring opinion

Back 13

An opinion that agrees with the majority's result but disagrees with its reasoning.

Front 14

Dissenting opinion

Back 14

An opinion that disagrees with the majority's decision and its reasoning.

Front 15

Questions of fact

Back 15

Questions relating to what happended: who, what, when, where, and how.

Front 16

Questions of law

Back 16

Questions relating to the interpretation or application of the law.

Front 17

Entrapment

Back 17

A defense requiring proof that the defendant would not have committed the crime but for police trickery.

Front 18

Inferior courts

Back 18

In the federal system, all courts other than the U.S. Supreme Court. (district courts and courts of appeal)

Front 19

Constitutional courts

Back 19

A court establised by Article III of the U.S. Constitution.

Front 20

U.S. district courts

Back 20

The general jurisdiction trial courts in the federal system.

Front 21

Court clerks

Back 21

responsible for keeping the court files in proper condition and ensuring that the various motions filed by lawyers and the actions taken by judges are properly recorded.

Front 22

U.S. Courts of Appeals

Back 22

The intermediate appellate courts in the federal system.

Front 23

U.S. Supreme Court

Back 23

The highest federal appellate court, consisting of nine appointed members.

Front 24

General jurisdiction

Back 24

A court's power to hear any type of case arising within its geographical area.

Front 25

Limited jurisdiction

Back 25

A court's power to hear only specialized cases.

Front 26

Subpoena

Back 26

A court order requiring a person to appear to testify at a trial or deposition.

Front 27

En banc

Back 27

When an appellate court that normally sits in the panels sits as a whole.

Front 28

Writ of certiorari

Back 28

A means of gaining appellate review; in the U.S. 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.

Front 29

Legislative courts

Back 29

Courts created under Congress's Article I powers.

Front 30

Court of record

Back 30

A court where a permanent record is kept of the testimony, lawyers' remarkes, and judges' rulings

Front 31

General jurisdiction

Back 31

A court's power to hear any type of case arising within its geographical area.

Front 32

Limited jurisdiction

Back 32

A court's power to hear only specialized cases.

Front 33

Executive jurisdiction

Back 33

When only one court has the power to hear a case.

Front 34

Concurrent jurisdiction

Back 34

When more than one court has jurisdiction to hear a case.

Front 35

Federal question jurisdiction

Back 35

The power of the federal courts to hear matters of federal law.

Front 36

Federal question

Back 36

A legal question involving the application of a federal law.

Front 37

Diversity of citizenship

Back 37

A situation where the opposing parties are from different states and the amount in controversy exceeds $75,000.

Front 38

Removal

Back 38

The transfer of a case from one state court to another or from a state court to a federal court.

Front 39

justices of the peace, court commissioners, and magistrates

Back 39

Lower-leval court personnel who perform limited judicial duties but are not considered full-fledged judges.

Front 40

adversarial system

Back 40

makes attorneys responsible for presenting all of the relevant facts and arguments

Front 41

inquisitorial system

Back 41

opposite of adversarial system.

Front 42

Court reporter

Back 42

prepares verbatim transcripts of courtroom proceedings.

Front 43

Baliffs

Back 43

responsible for maintaining order in the courtrooms

Front 44

Sheriffs and Marshals

Back 44

serve summones and other court documents, collect money as required by the court judgments, and otherwise help in carrying out the court's orders.

Front 45

Jury trial

Back 45

Questions of fact are determined by the jury, while questions of law are determined by the judge.