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40 Cards in this Set
- Front
- Back
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Define jurisdiction
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the power and authority given to a court ot hear a case and make a judgement
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Define diversity of citizenship
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when the US district court has jurisdiction to hear a civil case because the parties come from different states
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Define original jurisdiction
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district courts have authority to try a case the first time it is heard, most federal cases bein one of the US district courts
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Define intermediate courts
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court between the lower court and the highest court - also called the appellate court
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Define appellate jurisdiction
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authority of a court to review and/or modify a decision of a lower courts
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Define special federal courts
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only have jurisdiction for certain cases
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Define Supreme Court
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highest court in the land
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Define local trial courts
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courts of limited jurisdiction
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Define limited jurisdiction
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authority of a court to hear only one particular type of case
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Define general jurisdiction
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courts for states major civil and criminal cases, aka circuit court, court of common pleas
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Define PA Court of Common Pleas
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court of general criminal and civil jurisdiction
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Define special state courts
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jurisdiction limited to particular subject matter
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Define docket
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a list or schedule of cases
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How many justices sit on the US Supreme Court?
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Nine
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What is a complaint?
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the legal paper that the plaintiffs lawyer writes
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What is the answer?
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the legal paper that the defendants lawyer writes
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Do most cases go to trial?
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No
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What happens to cases that don't go to trial?
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the two parties settle
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What is the discovery phase of a trial?
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finding faults and evidence
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How are appeals court proceedings different from trial court proceedings?
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No jury, questions whether the law was followed in a case. If there is no mistake in following the law then there is no appeal
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What is a grand jury?
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23 people jury
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What is an indictment?
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The jury votes the most probable outcome before the defendant makes a plea
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What happens to the vast majority of criminal cases?
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Charges dropped due to insufficient evidence
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The Supreme Court is the only court created in the...
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constitution
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It is the court of...
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last resort
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It is the .... of the government
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watchdog
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It has.... in some cases (ambassadors)
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original jurisdiction
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...judges appointed for life one of which is the Chief Justice
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Nine
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What is the rule of four?
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Four of the nine judges must agree to hear a case
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Courts hear but a .... of the cases submitted (100/5-6,000)
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fraction
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What are oral arguments?
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each side (attorneys) have 30 minutes to present their case
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What are briefs?
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written documents that each side submits to the court prior to oral arguments
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What is the conference?
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secret meeting and no transcripts are made
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What is the opinion of the court?
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decision of the court
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What is a concurring opinion?
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a different spin on the majority opinion
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What is the dissenting opinion?
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written by judges who voted against the majority opinion
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Lower courts findings may be .... or ....
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affirmed or reversed
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What are the three possible decisions by appellate judges?
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1. Let the original verdict stand
2. Overturn the original decision 3. Send the case back to the lower court for a new trial |
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What are the three basic views as to how the court should make it's decisions?
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1. Justices should use the literal meaning of the Constitution
2. The justices should follow the intent of the framers of the Constitution 3. The justices should use perspective. |
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How are most decisions made?
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Justice try to use the three methods but also review precedents (decisions made in previous Supreme Court decisions).
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