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47 Cards in this Set
- Front
- Back
appellate jurisdiction
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The requirement that plaintiffs have a serious interest in a case, which depends on whether they have sustained or are likely to sustain a direct and substantial injury from a party or an action of government.
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writ of certiorari -
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an order by a higher court directing a lower court to send up the record in a given case for review; from the Latin meaning "to be more certain"
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civil case -
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a case involving a non criminal matter such as a contract dispute or a claim of patent infringement
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concurrent jurisdiction
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power shared by federal and State courts to hear certain cases
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-inferior courts
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the lower federal courts, beneath the Supreme Court
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plaintiff
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in civil law, the party who brings a suit or some other legal action against another (the defendant) in court
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defendant -
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in a civil suit, the person against whom a court action is brought by the plaintiff; in a criminal case, the person charged with the crime
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dissenting opinion -
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written explanation of the view of one or more judges who disagree with (dissent from) a decision reached by a majority of the court
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certificate -
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a method of putting a case before the Supreme Court; used when a lower court is not clear about the procedure or rule of law that should apply in a case and asks the Supreme Court to certify the answer to a specific question
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concurring opinion -
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written explanation of the views of one or more judges who support a decision reached by a majority of the court, but wish to add or emphasize a point that was not made in the majority decision
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Which of the following are all special courts?
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Court of Appeals for the Armed Forces, Court of Federal Claims, U.S. Tax Court
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Judges of the constitutional courts are appointed
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for life |
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The courts of appeals hear cases that have been appealed from
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all of the above |
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The power of judicial review is held-exclusively
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by most federal and State courts.
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Which of the following statements about the Supreme Court is FALSE?
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-The Supreme Court only reads briefs; it does not hear oral arguments
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The federal courts can hear and decide cases on the basis of
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-the subject matter or people affected by the case.
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Federal courts have exclusive jurisdiction over all of the following types of cases EXCEPT cases involving
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-the infringement of a copyright
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The independence of the judicial branch is ensured by the
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-terms federal judges serve.
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The court that first hears a case is said to have
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-original jurisdiction.-
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The list of cases to be heard by a court is called a
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docket |
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Which of the following could be the subject of a criminal case tried in federal court?
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counterfeiting |
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Which of the following is a TRUE statement about a writ of certiorari?
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-The Supreme Court grants cert in a limited numbers of instances.
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All of the following statements about the Court of Federal Claims are true EXCEPT:
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-Decisions from the Court of Federal Claims cannot be appealed.
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Which of the following federal courts exercises both original and appellate jurisdiction?
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the supreme court |
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Which of the following statements about federal judges is TRUE?
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They are appointed by the President and confirmed by the Senate
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Which federal court has original jurisdiction over MOST cases heard in federal court?
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district court |
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Most importantly, the Supreme Court is called the High Court because it is the
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last court in which federal questions can be decided.
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The Court of Appeals for the Federal Circuit differs from the other 12 federal courts of appeals because it
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-hears cases from across the country
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The purposes of the 12 federal courts of appeals include all of the following EXCEPT
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to hear original cases that have bypassed lower courts.
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The term of office for constitutional court judges is determined by
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-the Constitution.-
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Which one of the following duties is NOT performed by a United States magistrate?
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recording court proceedings
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The United States Tax Court hears
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civil cases
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A federal court has jurisdiction over a case if
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all of the above.
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The MOST IMPORTANT reason why the United States needed a national court system was that
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each State was interpreting laws for itself.
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Jurisdiction DIRECTLY limits
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which court may decide a case.
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The federal officers who make arrests, secure jurors, and serve legal papers are
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marshals
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Which of the following statements does NOT accurately describe federal district courts?
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Like courts of appeals, they have the right to listen to appeals
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Chief Justice Charles Evans Hughes once said that the Constitution "means what the judges say it means." He was defining
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power of judicial review.
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The Supreme Court's decision in Marbury v. Madison
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established the Court's power of judicial review
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Legal cases in the District of Columbia and the territories that belong to the United States are settled in:
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-a separate system of courts for each territory and each district like those at the State and federal levels
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Which statement about differences between constitutional courts and special courts is TRUE?
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Special courts hear a much narrower range of cases.
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Considering the complaints about caseloads on the federal dockets, how is the cartoon ironic?
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Most of the complaints one hears refer to the great numbers of cases in the federal courts. This cartoon suggests the opposite—a fear of what would happen if there were no cases. In that way, the cartoon may be poking fun at those who complain about being overworked.
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How would the speaker be affected if his nightmare came true?
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The speaker, who is a judge, might be out of a job if everyone settled out of court.
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Why might the speaker in the cartoon be disturbed by people settling out of court?
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If people settled out of court, all those who work in courtrooms—such as judges and lawyers—would be without jobs.
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What evidence in your text indicates that just the opposite of the judge's nightmare is taking place today
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The continual growth of the court system since its inception is due to the increase in caseload. Also, the text makes note of the large number of cases handled by district courts and the backups that have occurred with Supreme Court cases, which led to the creation of the courts of appeals.
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Drawing Conclusions Weigh the importance of Marbury v. Madison in guaranteeing the power of judicial review. Discuss the case itself, the rationale of the majority opinion, and possible consequences if the decision had gone the other way. COMPONENT #10
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Jefferson and his democratic-republicans had just won the presidency, so the outgoing federalists tried to pack the judiciary with loyal party members. Adams filled those posts with federalists. Marbury had been appointed justice of peace for D.C. the next day jefferson became president and realized that the commissions had not been delivered and told madison not to deliver them. When marbury went to the supreme court to fight the decisions they decided that it was against the constitution and they weren't going to uphold it. The importance is that the supreme court has the right to declare acts of congress unconstitutional .
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Recognizing Cause and Effect As you have read, the United States court system has grown since the country's beginning. Describe the structure of our national judiciary as it is today, a dual system.
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We have a federal and a state court system. Each state has its own court system.
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