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38 Cards in this Set
- Front
- Back
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Adversarial System |
Judge plays a passive role, attorneys battle, US Courts |
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Inquisitorial System |
Judge takes active role in court case (small local courts) |
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Dual Court System |
State and federal courts have separate laws and constitutions |
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Trial Courts |
Criminal prosecution (guilty beyond reasonable doubt), involves crime of violation of public order, FACTS of case established |
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Civil Lawsuit |
Individuals, Corporates seek compensation arising from public disputes |
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Appellate Courts (Courts of Appeals) |
Hear cases from judicial decision and jury verdict in trial courts |
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Court of Last Resort |
Highest appeal court in the state and federal systems |
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Supreme Court |
Created by the constitution, highest court, original appellate jurisdiction |
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US Court of Appeals |
Reviews decisions of district courts, federal agencies |
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US District Court |
Trial court in which litigation (legal action) begins |
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Jurisdiction |
Authorized power of a court to hear a case and exercise judicial review |
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Original Jurisdiction |
Provides judicial power that extends to all federal questions |
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Judiciary Act of 1789 |
Established a federal court system independent from states; Can change appellate jurisdiction for federal judiciary |
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Judiciary Act of 1925 |
Power granted to certiorari; deals with conflicting decisions of courts |
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Certiorari |
Petition for court review of a lower court's decision |
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Appellate Jurisdiction |
Authority to hear cases that have been decided, retried in other courts 1) must abide all motion and appeals in the state court system 2) must raise a federal issue |
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Which article created one national supreme court (congress with power to create lower courts)? |
Article 3, Section 1 |
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Judicial Review |
Grants SC and Fed. judiciary power to overturn any congressional and state legislation action deemed unconstitutional |
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Supremacy Clause |
Article 6, nat. govt.supreme over states; can declare any state/local law unconstitutional |
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CR: Ripe (R) |
Issue has not been resolved and will likely come before the court again (another court/same issue) -Roe vs. Wade (abortion) |
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CR: Adverseness (A) |
Injury present and the court can resolve the issue |
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CR: Moot (M) |
Issue has been resolved and is irrelevant |
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CR: Political Q (P) |
Must be a question of the law |
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CR: Standing (S) |
Must have the proper party to bring the case to court |
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Precedent |
Judicial ruling that serves as basis for the ruling in a subsequent case |
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Argument |
Use the precedent and facts to persuade court why it does/not apply to the specific case |
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Brief |
Document that outlines the reason of the case being brought to court; must be a statement of FACTS that directly applies to the case |
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Appellate Briefs |
Briefs submitted by each side's attorneys to be sent to appellate courts |
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Amicus Curiae Brief |
Submitted by those not directly involved in suit but has an interest (Third party) |
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Stare Decisis |
Let prior decision stand, promotes stability of the law |
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Statutes |
Laws written by state legislation/ Congress |
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Class-action suit |
Case brought to the court on behalf of group w/ same circumstances |
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Per curaim opinion |
Justices AGREEING w/ or forming the majority opinion |
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Dissenting opinion |
Justices in minority write an opinion explaining why they DISAGREE w/ majority of court |
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Interpretivism |
Constitutional interpretation limited to text and historical context |
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Judicial Restraint |
Adhere closely to statutes, precedents in reaching their decisions |
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Noninterpretivism |
Requires going beyond text and historical context to apply broader principles of const. politics |
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Judicial Activism |
Interpret laws, precedents loosely and interject their own values |
